[vitaflo]

It’s illegal to have a radio that transmits on both FRS/GMRS as well as the ham bands. FCC Part 95 (GMRS) & Part 97 (Amateur) spell this out quite well. Baofeng has played fast and loose with these requirements in the past. The newer radios just fall in line with FCC rules.

[LinuxBender]

For an emergency I personally would disregard FCC regs. I don't think the rescuers will care either. Certainly local law enforcement won't care. Out in the wilderness it is unlikely one will be causing interference using a few extra watts. I say this as someone who used to pump out a few thousand extra watts. People generally get into trouble when they are playing around on frequencies they should not be on and causing interference, especially with businesses or law enforcement. Prolonged interference is what draws the attention of the FCC via complaints, usually because of harmonics from cheap radios. I should add that the FCC are few in number and spread very thin. It is extremely difficult to get them to respond to interference complaints unless the complainant are a big business.

[willcipriano]

The hams tend to be "lawful good"[0] types. It's pretty alien to my way of thinking[1] but that sort would rather follow the law to a bad outcome as opposed to violating it to achieve a good one. If you are in mortal danger please do whatever you can to obtain help.

[0]https://tvtropes.org/pmwiki/pmwiki.php/Main/LawfulGood

[1]https://tvtropes.org/pmwiki/pmwiki.php/Main/ChaoticGood

[LinuxBender]

I am a pragmatic minimalist and have +2 to agility.

But I agree that ham's tend to be "lawful good" as you say. That is why I generally do not get along with them but have always had ham gear. I've had the FCC sitting right next to me monitoring what I do and to my surprise they did not care at all that my friends and I were running power since we did not interfere with anyone. I have also had the FCC suggest/imply that we resolve issues with locals that were shutting down some trucker channels since they were too busy. This was in the 70's and 80's. I'm sure they must have evolved by now.

[vitaflo]

You can use any freq in a legit emergency. But it requires “safety of life and protection of property”. You can’t just use it willy nilly.

The reason hams are anal about this is because the FCC grants us frequencies as a privilege. If we abuse that privilege they can easily take it away.

[LinuxBender]

You can’t just use it willy nilly.

Agreed, that is what I was trying to convey.

As an aside, I sat in police dispatch while two of the senior officers were playing light-sabers with their HT's on transmit to create feedback "music" for the dispatcher yes on the repeater main frequency of whom was the biggest software pirate I knew at the time. Kids will be kids.

[AtheistOfFail]

It's not illegal to have but it is illegal to misuse. However, this is a post about radios for emergency use and most readings of the HAM and GMRS rules state that emergency use is allowed.

[vitaflo]

It is illegal to have. Part 95 requires GMRS radios to have pre-programmed frequencies (no keypad) and a non-removable antenna. No ham radio meets those requirements.

[7402]

Since people are having trouble believing this, here are some relevant regulations:

CFR § 95.1761 GMRS transmitter certification.

(a) Each GMRS transmitter (a transmitter that operates or is intended to operate in the GMRS) must be certified in accordance with this subpart and part 2 of this chapter.

CFR § 95.1761 GMRS transmitter certification.

... No GMRS transmitter will be certified for use in the GMRS if it is equipped with the capabilities to operate in services that do not require equipment certification, such as the Amateur Radio Service....

https://www.ecfr.gov/current/title-47/chapter-I/subchapter-D...

[WrtCdEvrydy]

Incorrect, there is no such requirement under the law. Here's a GMRS capable device with a keypad and pre-programmed frequencies.

https://www.amazon.com/BAOFENG-UV-5X-Repeater-Rechargeable-H...

It is completely legal to own a Baofeng UV-5R or purchase a GMRS version of it which has a keypad. It is completely legal to program GMRS/FRS frequencies into either radio and it is legal to broadcast on either one in case of emergency due to Part 95 Subpart E (c) (3) which states:

> Any individual who holds an individual license may allow anyone to operate his or her GMRS station if necessary to communicate an emergency message.