Re: Where isn't an ill. ret. legal?
This sounds like a case of a game official not understanding the law, and extending it to something that wasn't supposed to be covered under the statute.
Some years back (I was still a CA police officer at the time), there was a guy who'd mounted some sort of Bigfoot expedition, and intended to hunt and kill one to settle the question once and for all. Naturally, the tree huggers got all bent out of shape about the possibility of his hunting/killing a species there's no proof even exists. They got the CA Fish and Game involved, and the guy wound up being arrested for hunting with an "infrared sniperscope", which was illegal in CA. That's how the law was written, citing infrared scopes, specifically, by name. Problem was, the guy was using a passive ANPVS night vision scope, which is the modern technology that long since has replaced the old infrared scopes. In otherwords, they arrested and charged him for something the statute didn't prohibit, and wasn't illegal.
Worth checking a bit further, but I have some doubts that illuminated reticles are truly illegal. Could be wrong, but worth checking further.