The rules are clear here, there is no "spirit" in the law. The problem is, that the myth of somehow being "saved" by having a baofeng with you is spreading and people will die because of that. Hopefully only the baofengers and not others, affected by people who would effectively jam multiple others operating on eg. a repeater.

Ham radios don't just appear, someone has to buy them, buying one without getting a proper licence is just stupid.... but many (especially americans) do so. There is GMRS, there is FRS, people could take those radios, try them out when not in an emergency, but nope... everyone wants that uv-5r for some reason.

Every one of those preppers should get licenced first, go to some hiking trail, some remote..ish pota park and try to do an unspotter POTA activation there... and after failing horribly, they'll rethink their emergency communications. Somehow even licenced hams (about which I assume none actually tried doing an unspotted pota from some hiking trail) support and spread the "just buy a baofeng for emergencies". In reality... they're useless in most cases. If you're somewhere remote, no one will hear you anyway, and if you're stuck at home, having something like a starlink will actually help you reach someone, much better than a radio, especially a handheld 2m/70cm one. You might get some good but useless DX with an HF one, but you won't be setting up an NVIS antenna in a snow storm.

But hey... try explaining that to preppers.