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Where isn't an ill. ret. legal?

 
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  #8  
Old 01-06-2011, 09:35 PM
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Re: Where isn't an ill. ret. legal?

Quote:
Originally Posted by D.Camilleri View Post
Illuminated reticles are ILLEGAL IN WYOMING according to Wyoming Game and Fish
Where did you see this at?? Can you show me the Statute or somewhere in the regulations that it specifically states illuminated reticles are prohibited or illegal.??

I am looking at the 2010 deer hunting regulations. Artificial Light is defined as:

"Any manmade light or lighting device which projects a light visible to the unaided eye outside of the device, or any battery powered device that provides an enhanced ability to see in the dark".

http://gf.state.wy.us/admin/regulati...2_04262010.pdf
1st page, paragraph (d)

A lighted reticle doesn't help you see in the dark, it's not night vision.

Night Vision and spotlights are what the statute was designed around. A lighted reticle gives no unfair advantage because it's only necessary with a super fine reticle and only during the last couple minutes of legal shooting light if you have such a fine reticle. Any decent scope with a "normal" reticle allows us to shoot right up to legal light most of the time (unless it's really cloudy).

When there is already a legal time limit (for game animals anyway) why would they impose additional limits??

I am only guessing here, but I think it's probably like Kevin said. Some game warden decided to construe the law into something it isn't. Probably for the purpose of nabbing someone that was possibly shooting after legal hours to begin with, or someone that was spotlighting or night hunting without written permission.

Besides, I think they would be stupid to try and enforce such a rediculous thing. Just because you've got one doesn't mean you're using it. They have no idea if it's being used or not. I've got one on my coyote rifle and it never ever gets used. For all I know, the battery has been dead for years!

They can tell if it emits or projects a light, they can tell if it is night vision. They can't tell if you're using an illuminated reticle when you make the shot. We'd have to be doing something illegal to begin with for them to even question that I would think.

Last edited by SBruce; 01-06-2011 at 10:25 PM.
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  #9  
Old 01-06-2011, 10:51 PM
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Re: Where isn't an ill. ret. legal?

If we are to discuss this I think the wording being questioned should be shared. The way I have seen it worded is sights that project (ie laser) are prohibited for hunting. Granted I don't go and read other states proclamations, but have lived and hunted in nearly a dozen states and don't ever remember seeing illiminated reticles being prohibited.
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Old 01-06-2011, 11:10 PM
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Re: Where isn't an ill. ret. legal?

I think I read on one of the other forums on this site, perhaps the deer or elk hunting forum, where someone mentioned that their guide told them to not use his ill. ret. scope because it was illegal. That and the fact that when I've been shopping for scopes I noticed that so many of the higher end scopes seem to mostly come in ill. versions that got me thinking about this question again. Perhaps someone who works for a F&G department can provide some clarification.

Last edited by setter; 01-06-2011 at 11:16 PM. Reason: didn't finish my thought
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  #11  
Old 01-06-2011, 11:20 PM
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Re: Where isn't an ill. ret. legal?

Quote:
Originally Posted by setter View Post
I think I read on one of the other forums on this site, perhaps the deer or elk hunting forum, where someone mentioned that their guide told them to not use his ill. ret. scope because it was illegal. That and the fact that when I've been shopping for scopes I noticed that so many of the higher end scopes seem to mostly come in ill. versions that got me thinking about this question again. Perhaps someone who works for a F&G department can provide some clarification.
One of the first times I ever saw an illuminated reticle was on a Wyoming game wardens' coyote hunting rifle. We were hunting on public land in a contest. I asked him about it being legal, and he said yes, perfectly legal.....which leads me to the conclusion that he didn't consider it "artificial light"............That was probably 12+ years ago, for whatever it's worth.

Last edited by SBruce; 01-07-2011 at 10:44 AM.
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  #12  
Old 01-07-2011, 12:02 AM
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Re: Where isn't an ill. ret. legal?

It would be nice if you could get a straight answer for each state.

In the end, it doesn't really matter how we as hunters choose to interpret the law. If a game warden hauls you in, then you'll pay the fine, or get an attorney to plead your case in front of a judge.

Heck, the legislators probably didn't know what they were talking about when they wrote the statute.

If you have any doubts about the law in your area, it's probably just as well to call your local game warden. They're usually pretty good guys with a tough job to do.

It used to be and may still be illegal in Texas to hunt at night where deer are known to roam. ...which is pretty much everywhere. But, if you contact the game warden and let him know you plan to spot light on this date/location for coyotes or hogs, he'll probably wish you luck and tell you to be safe.

On the other hand, if he's sure you've been up to no good, then he may haul you in on any charge he thinks he can stick you with.
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Old 01-07-2011, 12:09 AM
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Re: Where isn't an ill. ret. legal?

Quote:
Originally Posted by rscott5028 View Post
It would be nice if you could get a straight answer for each state.

In the end, it doesn't really matter how we as hunters choose to interpret the law. If a game warden hauls you in, then you'll pay the fine, or get an attorney to plead your case in front of a judge.

Heck, the legislators probably didn't know what they were talking about when they wrote the statute.

If you have any doubts about the law in your area, it's probably just as well to call your local game warden. They're usually pretty good guys with a tough job to do.

It used to be and may still be illegal in Texas to hunt at night where deer are known to roam. ...which is pretty much everywhere. But, if you contact the game warden and let him know you plan to spot light on this date/location for coyotes or hogs, he'll probably wish you luck and tell you to be safe.

On the other hand, if he's sure you've been up to no good, then he may haul you in on any charge he thinks he can stick you with.
Legislators don't write hunting proclamations, department of natural resources and departments of wildlife do. They know what they are writing (not that the enforcers always know). We're not talking about the politically swayed BATFE who charges some one for putting a scope on a gun without being a FFL, we're talking of an intricate relationship between hunters and the DNR/DWR. Of all the states I have hunted in the regulations have been broad and vague but written technically and easily defensible in a court of law. All that I have read state projected sights, not illuminated sights. If illuminated sights are restricted then so are fiber optic sights which do the same thing as illuminated sights.
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  #14  
Old 01-07-2011, 12:34 AM
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Re: Where isn't an ill. ret. legal?

Quote:
Originally Posted by CombatDiver View Post
Legislators don't write hunting proclamations, department of natural resources and departments of wildlife do. They know what they are writing (not that the enforcers always know). We're not talking about the politically swayed BATFE who charges some one for putting a scope on a gun without being a FFL, we're talking of an intricate relationship between hunters and the DNR/DWR. Of all the states I have hunted in the regulations have been broad and vague but written technically and easily defensible in a court of law. All that I have read state projected sights, not illuminated sights. If illuminated sights are restricted then so are fiber optic sights which do the same thing as illuminated sights.
Quote:
http://www.tpwd.state.tx.us/publications/annual/
Important Notice: The information in this guide is a summary of regulations and statutes governing hunting and fishing.
I suppose I'm a bit atopical now. But, you are likely more correct than I. It sounds like you're a knowledgeable attorney capable of defending yourself in front of a judge. But, I think regulations in Texas come from TPWD and statutes come from the legislature. Nonetheless, I suppose we're really bantering about the regulations. In the end, I'll just ask my game warden and stay on his good side to help maintain that intricate relationship in good working order. They need landowners on their side and we need them.

Thanks for correcting me.

...incidentally, my interpretation of projecting light is the same as yours. I don't think Ill reticles should be a problem.

Last edited by rscott5028; 01-07-2011 at 12:38 AM. Reason: further clarification
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