Holo scope legal for California?
Another only in California: is it legal to hunting using a holo or red dot scope.
I have been advised it's illegal and a game warden will take your rifle and fine you $400.
After reading lots of stuff on California's web, I called around and someone finally called back and quoted a regulation which she said meant that any scope using a battery was illegal. I think they are misinterpreting a regulation banning laser sights.
The holo and red dot scope do not project anything and should not be lumped in with laser sights. Is this another issue that has to be taken into court?
I know this is not a legal forum but any advice will be appreciated.
Milt
I have been advised it's illegal and a game warden will take your rifle and fine you $400.
After reading lots of stuff on California's web, I called around and someone finally called back and quoted a regulation which she said meant that any scope using a battery was illegal. I think they are misinterpreting a regulation banning laser sights.
The holo and red dot scope do not project anything and should not be lumped in with laser sights. Is this another issue that has to be taken into court?
I know this is not a legal forum but any advice will be appreciated.
Milt
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Interesting question, presumably this would apply to illuminated reticles as well. Sorry I can't help, since fortunately I am not in California, but I would bet Mark Christian or others can.
My heros have always killed cowboys.0 -
Night scopes on the gun are illegal. I haven't heard of any others but this may be where the issue arose. 0 -
I don't know, but since it is a hunting question try calling fish and game.
Their are those in the state that would like to ban what they term as a "sniper scope", but have not come up with the votes yet. Don't know what qualifies as a sniper scope. Watch out for this one.
Dennis0 -
CA Penal Code 468: "Sniperscope" deals only with items made or adapted for use on a firearm which enable the shooter to detect objects during nighttime through the use of A PROJECTED INFRARED light source and AN ELECTRONIC TELESCOPE. To be banned in CA the night vision device must be an active infrared unit and have an actual scope set up as a gun sight and mounted onto the firearm. Passive night vision (so called Starlight) are not banned since they project no infrared beam. Lasers are not banned since they are lasers and not the prohibited infrared beams. A red dot sight projects no infrared beam so it is not prohibited in Penal Code 468. You can have an active infrared night vision device in this state as long as it is not set up as a gun sight or capable of being mounted onto a firearm.
This is the Penal Code, the Fish and Game regulations on red dots for hunting are anyones guess-- I don't hunt in this state as I prefer Utah, where my other home is located.
Mark T. Christian0 -
When I called asking to speak with a game warden, I got their phone mail. When my call was returned, I was traveling down the highway and didn't get all the details.
Monday I'll start calling again and try to get specifics.
I have a holo scope on my Ruger Carbine 44 mag and a red dot scope on my Ruger 10/22.
I first heard this at a gun shop in Redding, CA where I was told that even a light reticle is iffy and up to the Game Warden's discussion.
Milt0 -
Already posted but this is the response I recieved from the Calif. Atty Generals office.
Dear Mr. XXXX
In response to your correspondence, California Penal Code (PC) section 468 addresses sniperscopes. You may view this entire PC section by selecting the Dangerous Weapons Control Law icon on our website.
Sincerely,
Mr. Dana McKinnon
Field Representative
Firearms Division
(916) 263-4881
Sniperscopes
468. Any person who knowingly buys, sells, receives, disposes of, conceals, or has in his possession a sniperscope shall be guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. As used in this section, sniperscope means any attachment, device or similar contrivance designed for or adaptable to use on a firearm which, through the use of a projected infrared light source and electronic telescope, enables the operator thereof to visually determine and locate the presence of objects during the nighttime. This section shall not prohibit the authorized use or possession of such sniperscope by a member of the armed forces of the United States or by police officers, peace officers, or law enforcement officers authorized by the properly constituted authorities for the enforcement of law or ordinances; nor shall this section prohibit the use or possession of such sniperscope when used solely for scientific research or educational purposes.0 -
Most states use language like, "projected" or "emitted" in the statute. Key words.
It may also use, "beam", or "light". Practically the same in function.
To the best of my knowledge, most every state prohibits hunting using the light source MOUNTED on a firearm. Mounted is the operative word.
Eg.,, any laser would be outlawed.
Illuminated reticles whether by battery, or light absorbing such as Bushnell's Fire Fly, AGOG's, red dots, etc., would be legal.
Most red dots aren't telescopic or can be correctly called scopes, as they don't magnify. Exception is the Aimpoint 5000 2X.
Game Wardens-Conservation Officers, or any other name, are not legal interpterors of the law. They are enforcers, and guards.
At many sports shows or meetings, they are often re-educated-updated by the shooting industry, and knowledgeable sportsmen.
remember, and it's unfortunate that many laws are made OR interpeted by unknowledgeable legislators, and/or those with personal agendas.
Forums like this are helpful to us all, as we all help each other.
Happy Bullet Holes!0 -
Thankfully I am not in CA but this kind of law stinks. With the fine lines of distinction, even though you are not actually in violation, an officer may not know the facts or the equipment and arrest you anyway. In the end you would likely win out. That is, if having all this can be called winning: your equipment temporarily siezed, maybe banged around, you inconvenienced, maybe some time at the police station even in the slammer, maybe out attorney fees, etc., etc.
Life is ten percent what you make it, ninety percent how you take it.0 -
So now I "know" what a "sniper scope" is. Actually I knew that weapon's mountable night vision is illegal in Ca. but did not know this was a sniper scope. And here I thought that they were after military rangefinding scopes. 0 -
artvls, all so called "night vision" devices are not illegal in CA; the only types effected by Section 468 are those types which use a PROJECTED INFRARED beam and a weapons mounted telescope. The history of this law dates back decades (it is not recent). The term "sniper scope" comes directly from the US Military use of Sniper Scope in "set no.1, U.S. Sniperscope, infrared, 2000 volts" to describe the IR night vision devices used with U.S. M3 type Carbines. To my friend v35, I did indeed find reference to the use of the term "Snooperscope, M1, Corps of Engineers"...this appears to be the COE designation for this same system. FUBIS/BS...I know you are hanging around!
Mark T. Christian0
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