Where isn't an ill. ret. legal?

[Topgun 30-06]

It may be a courtesy to call the local Texas Warden to let him know you are going to spotlight hogs and varmints at night, but with as many that are doing it I would bet he would be swamped with just those phone calls alone! It depends on what state you are in as far as how the laws and regulations that are in effect are created. Here in MI where I was in law enforcement with the MI Dept. of Agriculture for over 30 years the individual Departments write the stuff with the help of their legal liaisons, but they have to be passed through the House and Senate, then signed by the Governor before it can be enforced. The only exception I'm aware of is if there is some kind of emergency and then a Department Director can go to the Governor and ask for something to take immediate effect until it winds it's way through hearings, etc. That doesn't happen very often.

 

[mike33]

im glad someone brought this up. Last fall i was hunting elk in colorado with my edge and nightforce scope. I mentioned 1 day to my guide i wanted to turn on illum. reticle and dusk to look around. he told me it was illegal i told him bull **** too. last day my outfitter made up a domb excuse and told me to bring my back up gun. I broke it out and he told me my scope was illegal i lightly argued but it was a loosing battle. He asked me if that scope on gun was an illuminated reticle i looked down at my other 5.5x 22 nfx and said nope. I killed my elk that morning wishing i could of used my edge. i got back home and called the colorado dow office in denver and stated my concerm. A lady told me she would have someone call me back. The next day a person named Bob Thompson called me back and said my scope was legal that an illuminated reticle does not produce an artifical light only lights the cross hair making it legal. now i have to convince my outfitter.
mike

 

[CombatDiver]

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.

Eloquently put, but no I am not a lawyer. I do deal a great deal in Federal regulations and their interpretation. I agree, when possible be on the good side of your enforcers but don't depend on them for interpretation. I think it wise to be aware of the increasing regulations outlining our fine sport. Take the time to understand them and it will be well with you if you do end up having to defend yourself (even with legal guidance). gun)

 

[setter]

OK. So far no one has provided clear evidence that it's a problem to use an illum. ret. anywhere although there still is some question about it. I hope this thread can continue on to clarify, at least for the existing regulations, which of course can always change. I personally wouldn't want to interpret the regs on my own, only to find out otherwise from the game warden or the judge.

 

[Michael Eichele]

I cant vouch for most states but here in my state (Alaska) they DO allow illuminated reticles for hunting. We can also hunt 24 hours a day 365 days a year as long as it is done by use of natural light and not spot lights etc....We are not bound to the 1/2 hour before or after sunrise or set crap.

Our regs read that it is illegal to use electronically enhanced nigh vision scopes. After having conversations with several different game offices, their stand in the same in all the offices. The reticle may be illuminated as long as the scope does not project light, laser or electronically enhance the image.

 

[mike33]

And what i tried expaining to my outfitter was using a nfx with fine croos hairs lighted only puts me equal to someone with a duplex.
mike

 

[rscott5028]

OK. So far no one has provided clear evidence that it's a problem to use an illum. ret. anywhere although there still is some question about it. I hope this thread can continue on to clarify, at least for the existing regulations, which of course can always change. I personally wouldn't want to interpret the regs on my own, only to find out otherwise from the game warden or the judge.

You might want to ask Trijicon.

Since they pretty much exclusively sell scopes with illuminated reticles (and, it's not like you can remove the batteries). I would think they would know if their product might be illegal for hunting in certain states.

I didn't think of it at the time or I would've asked them at DSC today.

 

[pitbull320]

montana puts it in plane English nothing that is battery powered or has tritium can be used for hunting archery or rifle

 

[rscott5028]

Plain english is good even if you disagree with the policy.

 

[gcamp54]

My question is that if you are hunting in a state such as Montana where it is illegal, can you take the battery out to disable it and still use the scope? More research is needed I guess. I'm glad this came up before I start using my NF.

Gordon

 

[SBruce]

montana puts it in plane English nothing that is battery powered or has tritium can be used for hunting archery or rifle

Is that exactly what it says?

I hope not, or that could/would include rangefinders, windmeters, gps ect. Especially if you had the wrong official interpretting the law. How many of us say we use rangefinders for hunting these days.? Or use a gps when we're hunting?

 

[Topgun 30-06]

I think rangefinders are okay in Montana, but I know they have now outlawed the use of trailcams during the open hunting seasons!!!

 

[SBruce]

I'd like to see how/what the laws actually read in Montana, Colorado, Utah, and others if people would be willing to find and post them, or even a link to them. Exact wording is what we need to see. Otherwise there is misinterpretation and construement going on.

 

[pitbull320]

sorry i forgot to put attached to your bow or rifle as log as it is not attached your good and as of taking the batteries it deepens on what game wardens you talk to some will let it slid and some will give you a ticket but most off are game wardens don,t look at you rifle or bow and on archery it also includes light nocks