The problem is our free open society where each individual is expected to abide by the rules/laws. As such, at least at the present, for individuals, OWNING or MAKING an all band transceiver or transmitter is legal, the crime is transmitting on a frequency which you are not licensed to use or in the restricted bands, transmitting with non-type approved transmitters. A second problem comes with enforcement, foxhunting a transmitter is not difficult, but actually witnessing illegal transmitting could become harder on the FCC if someone appeals it high enough. In my mind it might be part of the reason for lax enforcement