Earlier quoted context omitted.
It's not illegal to have but it is illegal to misuse. However, this is a post about radios for emergency use and most readings of the HAM and GMRS rules state that emergency use is allowed.
It is illegal to have. Part 95 requires GMRS radios to have pre-programmed frequencies (no keypad) and a non-removable antenna. No ham radio meets those requirements.
https://www.amazon.com/BAOFENG-UV-5X-Repeater-Rechargeable-H...
It is completely legal to own a Baofeng UV-5R or purchase a GMRS version of it which has a keypad. It is completely legal to program GMRS/FRS frequencies into either radio and it is legal to broadcast on either one in case of emergency due to Part 95 Subpart E (c) (3) which states:
> Any individual who holds an individual license may allow anyone to operate his or her GMRS station if necessary to communicate an emergency message.