Where isn't an ill. ret. legal?

[bigngreen]

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

Going to need to see that, as far as I can see or know your right with the archery gear, no artificial lighting or batteries attached to the bow but rifle is GTG since a lighted reticule is not light gathering or night vision equipment. The artificial light has always been like spot lighting or laser, but this is the only thing I can find that could be seen as a problem. I've never been checked for a lighted reticule but sure have for a spot light and my bow sights.

Copied from 2010 regs.

Firearms
• General Season
• There is no rifle or handgun caliber
limitation for the taking of big game
animals.
• Muzzleloaders, shotguns with 0, 00,
or slugs, archery equipment, and
crossbows are legal.
• The possession of firearms with
silencers while afield is illegal.

Artificial Light
It is illegal for anyone to take or attempt
to take any game animal or game bird
with the aid of projected artificial light



Night Vision Equipment
It is illegal to use night vision equipment
or electronically enhanced light
gathering optics for locating or hunting
game.

 

[Topgun 30-06]

87-3-134. Restriction on use of electronic motion-tracking device while hunting. It is unlawful for a person, while hunting, to possess any electronic motion-tracking device or mechanism, as defined by commission rule, that is designed to track the motion of a game animal and relay information on the animal's movement to the hunter. A radio-tracking collar attached to a dog that is used by a hunter engaged in lawful hunting activities is not considered a motion-tracking device or mechanism for purposes of this section.
[SIZE=-1]History: En. Sec. 1, Ch. 366, L. 1999. [/SIZE]




*This is the section they are using to enforce the trailcam comment I made. They claim they are too advanced now and you can get instantaneous feedback to a computer and a person could be out in an area with a laptop, for example, see that one of his cams was picking up a game animal he was after, allowing him to then slip in to try and take said animal. It seems a stretch, but the way people constantly come up with ways to try and cheat on things that is why they said they did it.


[SIZE=-1][/SIZE]

 

[Broz]

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

Pitbull, please give us a link to where you read this. I have searched and can not find it. But I will admitI have a hard time finding things on the MT.gov site.

Thanks
Jeff

 

[pitbull320]

I decided to get right from the horses mouth today i went down to the local fwp office and talk to 5 different wardens that where there and found that they have change the way it was it use to be if it had a switch and a battery you could not have it on your rifle now it states that anything that helps you gather light or projects an image is not allowed now hers where it got interesting two out off the 5 wardens consider an illuminated reticule as a device that helps you gather light to see your reticule the aether 3 didn't so they are checking with the state fwp office to get me a start answer

 

[Broz]

Man, I don't know how you got 5 wardens together in the same place at once. At times, I have a hard time reaching one at a time. Seems they are spread pretty thin with huge areas to cover here in Montana.

Thanks and keep us posted please.

Jeff

 

[Topgun 30-06]

That doesn't surprise me at all that they would think differently amongst themslves if it is not spelled out in black and white. The head of their Division should insure that anything that is ambiguous like that is enforced uniformly across the state. The big problem is that if you are a nonresident and ran into either of the two they would probably issue you a ticket knowing that you're not going to be able to come back there to fight it.

 

[jmden]

I decided to get right from the horses mouth today i went down to the local fwp office and talk to 5 different wardens that where there and found that they have change the way it was it use to be if it had a switch and a battery you could not have it on your rifle now it states that anything that helps you gather light or projects an image is not allowed now hers where it got interesting two out off the 5 wardens consider an illuminated reticule as a device that helps you gather light to see your reticule the aether 3 didn't so they are checking with the state fwp office to get me a start answer

That sounds about par for the course. Even the folks that are supposed to know, don't know.

 

[Broz]

jmden, that my friend is the truth.

Also, we have found that even if it is a clear violation of the written Montana code, most wardens won't write a ticket unless it is something that the county attorney will prosecute on. Some county attorneys will not even take a look if there is any gray area at all and toss em out.

Jeff

 

[bigngreen]

Wow, you have 5 wardens, in Beaverhead we have a whole wopping two, the one is my buddies neighbor so I talk to him a fair bit. I call them if I have any thing that needs clarified or call Helena if they don't really know, at any rate I keep communications up with them and it has helped avoid a few miss adventures with law enforcement. I'll have to see, just the way it reads and from past experience I don't think it would be a problem here but I've never specifically talked to them about it. I sure wouldn't want a Wardens job !!!!

 

[gcamp54]

Here's what the Wyoming regs say about battery powered scopes in their freq. asked questions.

Gordon

"Is a battery powered scope legal to use?​

Battery powered scopes are legal to use for hunting, provided
the battery is not powering a visible light projected at the​

target."

 

[gcamp54]

More stuff from the Wyoming regs about what is allowed. It seems Wyoming has this well thought out.

Gordon

Devices Allowed For Hunting​

​

​

​

​

Fiber-optic and light gathering sights​

​

​

​

​

Sights emitting natural light​

(Example: Trijicon style night sights)​

​

​

​

​

Scopes with built-in rangefinders​

​

​

​

​

Battery-powered scopes that use a lighted reticle
or dot projected only within the scope​

​

​

​

​

Battery-powered bow pins​

 Lighted arrow nocks (Example: Lumenok)

Prohibited Devices For Hunting​

​

​

​

​

Spotlights/hand lights​

​

​

​

​

Laser sights – emitting visible light​

​

​

​

​

Night vision​

 Infrared scopes

 

[setter]

Thanks for posting gcamp54. Finally, some fairly clear regs. Wish other states would emulate them. I've got to hand it to WY for how they handle their hunts, and the information they provide through their website.

 

[SBruce]

There is actually a Wyoming State Statute (I forget where or what number) that states: It is legal unless specifically deemed illegal by statute.

Granted, these are not the exact specific words, and I wish I could remember where I read it cause I would post it. But that is how the states' laws generally work here.

I like this comment made by Top Gun 30-06 "The head of their Division should insure that anything that is ambiguous like that is enforced uniformly across the state."

We should all remember that those people work for us. Without hunters, the agencies wouldn't have a job to do, and game wardens would be unemployed. As would their department heads. We all have a say in what the laws are and how they are written, believe it or not; we really do.

In alot of the western states, I believe the power still mostly belongs to the people. As long as laws and regulations are written by "real people", in a way that other "real people" can understand; then we have a say through petitions and votes and other means. Just simply calls or e-mails to our representatives if nothing else...............I gaurantee you, if enough people call/write, something will be done.......................................................If you build it, they will come.

Just my thoughts.

 

[MT_Hunter]

I decided to get right from the horses mouth today i went down to the local fwp office and talk to 5 different wardens that where there and found that they have change the way it was it use to be if it had a switch and a battery you could not have it on your rifle now it states that anything that helps you gather light or projects an image is not allowed now hers where it got interesting two out off the 5 wardens consider an illuminated reticule as a device that helps you gather light to see your reticule the aether 3 didn't so they are checking with the state fwp office to get me a start answer

I had the same concerns about ill. reticle and called the main FWP office here in Helena around the start of Deer/Elk season (since I had delusions of grandeur about receiving my Viper PST before the end of the season... but I digress). I talked to a very helpful and knowledgable lady who stated, without hesitation, that ill. reticles were LEGAL since they did not project light (spotlights, lasers) or artificially gather light (night vision). She said that question was one of the most asked so far this season.

Of course we've never had an instance where a warden wasn't 100% knowledgable about the exact language of reg either . (not that I don't make mistakes too)

Was going to copy exact language from regs but see Bigngreen's post (#29). Seems pretty clear to me but I could see how someone could interpret it to think it includes ill. reticles.