For Ham frequencies, you need a license to transmit. The handheld radios are pretty much line of sight for a few miles. All kinds of things like hills, buildings, and bodies of water can enhance or degrade your signal. The 40 mile range advertised is under ideal conditions with someone probably on top of a mountain.
For most purposes, the handheld radios need a repeater to get their signal further out. Those towers you see and think they're only cell phone? Nope. They have all kinds of things attached to them including Ham radio repeaters. If I remember correctly, some local agencies allowed ham access to the towers because ham radio is often used in communications during disasters such as tornadoes and hurricanes.
If you want to listen or monitor only, the FCC can't stop you. Short wave is making a comeback too. 73
