FCC type acceptance regulations for radios capable of being used in the public safety and other bands have been in effect for half a century, the Chinese just scoffed at them and exported anyway. A simple software change would have allowed them to offer service-specific product that would have bypassed this whole issue.
The clarification from the FCC after this came out last fall made it clear that these radios (Baofeng UV-5R and other inexpensive Chinese-made radios) can be sold and used by licensed hams on amateur radio frequencies. Unless and until they are certified under Part 95 they cannot legally be used on the FRS/GMRS frequencies in the US.
Searching the above model number will confirm these radios are still widely available, and can still be used on the FRS/GMRS frequencies even though from a legal perspective they are not allowed to be used there.
I have my General License have in the last couple of weeks bought two UV-5R Baofengs, in fact I’m listening to one as I make this post...got it tuned to a local repeater...
For $20/each I might buy a few more to use if I’m ever in a SHTF situation around my neighborhood....
Two years ago during one of the hurricanes I could have used another radio or two..