There are a bunch of farm supply stores selling these Chinese (Baofeng) pieces of junk. In my area, you are also hearing grain haulers (truckers) on 2 meters without a license. Time for the FCC to put their foot down concerning the sale of these radios, if you want to call them that.
Yea, and it's illegal to use them in such a manner without a license. It's already against the law.
Do these truckers ever speed on the interstate? Can all the speeding truckers get tickets, or is the speed limit effectively unenforceable for the vast majority of truckers? According to your logic, we should start impounding any truck that can go over the speed limit. It's EXACTLY the same logic you apply to the Baofeng radios.
You are attributing a vice to inanimate objects (the radios), and not to the animaters (people), and that always leads you in the wrong direction.