Not having a HAM radio license doesn’t remove your ability to use the radio. It may remove your ability to use the radio LEGALLY, but they can’t stop you from using it.
Two words: Direction Finders.
Your right, just like they can’t stop you from drinking and driving, you’ll just pay the consequences of course, hefty ones I’m sure.
Remember when CB radio was the in thing? License was required for those too but they became so common they couldn't enforce it. Cell phones replaced them rather quickly because they didn't have the distance challenge that low powered CB's did. Be cool if someone figured how to bounce CB off those cell towers.