I very much doubt a Burris Eliminator of any generation, I, II, or III, is illegal in any state for regular rifle seasons. Yeah, maybe for muzzle loaders, but not for modern rifles.
BUT... Just wait 'til rifle scopes have a high end ballistics calculator and many other sensors like temperature, altitude, humidity, compass heading, etc and can take a Micro SD card with your rifle and cartridge's EXACT ballistics, as in the Leica HD-B binoculars.
When they can give you a hold solution that includes altitude density, coriolis effect (for very long shots), angle correction (up or down) along with all the info as in the AB ballistics software then we'll likely see some restrictions.
Eric B.