Non-mountable night vision

[sirdutch]

Is it legal in California to possess a thermal or IR optic that is not mounted on a firearm? I know that in California it is illegal for one to be attached to a firearm. It would be nice to be able to look for the presence of predators at night when camping for instance. Checking for the presence of mountain lions around one's camp for instance. Is the possession of a night vision device without possessing a firearm be violating California law?

[Quiet]

Since 1958, there have been two sets of CA laws that prohibit or restrict night vision devices.

The first prohibits certain types of night vision devices that are attached to firearms. [PC 468]

The second prohibits all night vision devices while hunting. [FGC 2005(c)]

Therefore...

It is CA legal to possess/use, as long as the night vision device:
1. Is not a "sniper scope".
2. Is not used while hunting or used to aid in hunting.


This summary is still valid...

CA laws/regulations summary on night vision devices:

Active IR scope with magnification = illegal [PC 468]
Active IR scope with no magnification = legal

Passive IR scope with magnification = legal
Passive IR scope with magnification and an IR illuminator = illegal [PC 468]
Passive IR scope with no magnifcation = legal
Passive IR scope with no magnification and an IR illuminator = legal

Active IR goggles with magnification = legal
Active IR goggles with no magnification = legal

Passive IR goggles with magnification = legal
Passive IR goggles with magnification and an IR illuminator = legal
Passive IR googles with no magnification = legal
Passive IR goggles with no magnification and an IR illuminator = legal

Using any "night vision equipment" to hunt or aid in hunting = illegal [FGC 2005(c)]



Penal Code 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.

Fish and Game Code 2005
(a) Except as otherwise authorized by this section, it is unlawful to use an artificial light to assist in the taking of a game bird, game mammal, or game fish.
(b) It is unlawful for one or more persons to throw or cast the rays of a spotlight, headlight, or other artificial light on a highway or in a field, woodland, or forest where game mammals, fur-bearing mammals, or nongame mammals are commonly found, or upon a game mammal, fur-bearing mammal, or nongame mammal, while having in his or her possession or under his or her control a firearm or weapon with which that mammal could be killed, even though the mammal is not killed, injured, shot at, or otherwise pursued.
(c) It is unlawful to use or possess night vision equipment to assist in the taking of a bird, mammal, amphibian, reptile, or fish. For purposes of this subdivision, “night vision equipment” includes, but is not limited to, the following:
(1) An infrared or similar light, used in connection with an electronic viewing device.
(2) An optical device, including, but not limited to, binoculars or a scope, that uses electrical or battery powered light amplifying circuits.
(d) This section does not apply to any of the following:
(1) Sport fishing in ocean waters, or other waters where night fishing is permitted, if an artificial light is not used on or as part of the fishing tackle.
(2) Commercial fishing.
(3) The taking of mammals governed by Article 2 (commencing with Section 4180) of Chapter 3 of Part 3 of Division 4.
(4) The use of a hand-held flashlight that is no larger and emits no more light than a two-cell, three-volt flashlight, and is not affixed to a weapon.
(5) The use of a lamp or lantern that does not cast a directional beam of light.
(6) Headlights of a motor vehicle that are operated in a usual manner and without attempt or intent to locate a game mammal, fur-bearing mammal, or nongame mammal.
(7) An owner of land devoted to the agricultural industry, or the owner’s employee, while on that land.
(8) An owner of land devoted to the agricultural industry, or the owner’s employee, while on land controlled by the owner in connection with the agricultural industry.
(9) Other uses as the commission may authorize by regulation.
(e) A person shall not be arrested for violation of this section except by a peace officer.