(j) Except as otherwise provided, while taking or attempting to take big game under the provisions of this section or Section 354 of these regulations, it is unlawful to use any device or devices which: 1) throw, cast or project an artificial light or electronically alter or intensify a light source for the purpose of visibly enhancing an animal; or 2) throw, cast or project an artificial light or electronically alter or intensify a light source for the purpose of providing a visible point of aim directly on an animal. Devices commonly referred to as "sniperscopes", night vision scopes or binoculars, or those utilizing infra-red, heat sensing
So where does the thermal scope fit? 353(j) appears to differentiate between evil "sniperscopes" and heat sensing devices, though both are prohibited to use for hunting purposes. Reference the table, thermal scopes would seem to be most logically included in the Passive IR scope category and therefore permitted as long as an IR illuminator isn't being used (and as noted earlier, provides no benefit to thermal imaging).
So where does the thermal scope fit? 353(j) appears to differentiate between evil "sniperscopes" and heat sensing devices, though both are prohibited to use for hunting purposes. Reference the table, thermal scopes would seem to be most logically included in the Passive IR scope category and therefore permitted as long as an IR illuminator isn't being used (and as noted earlier, provides no benefit to thermal imaging).

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