Yes, it's legal. Pre-programmed GMRS radios didn't exist in years past. Everyone used Part 90 radios. YOU, the end user are responsible for knowing your license and programming what you're licensed for. FCC tested radio techs are long gone i.e GROL. 1st or 2nd class radio telephone etc. Qualified is a very broad term. Most LMR techs and engineers don't hold the legacy technical licenses. As for FPP, the difference between end user and someone with the qualified technical ability is slight these days, going right back to my statement.