Anyone use IR flashlight for hunting?

[E.D.C.Specialties]

I was curious to find out if anyone could find or had any use for an IR function on a flashlight in regards to hunting or possibly scouting? It would be helpful to have some anecdotal information to reference when being asked about IR functionality. Thanks !

[tony270]

No it is not legal, only 9 volt hand held or worn on the head, no IR for taking gome or non-game.

CFGC 2005 see section (c).

(a) Except as otherwise authorized by this section, it is unlawful to use an artificial light to assist in the taking of game birds, game mammals, or game fish, except that this section shall not apply to sport fishing in ocean waters or other waters where night fishing is permitted if the lights are not used on or as part of the fishing tackle, commercial fishing, nor to the taking of mammals, the taking of which is governed by Article 2 (commencing with Section 4180) of Chapter 3 of Part 3 of Division 4.

(b) It is unlawful for any person, or one or more persons, to throw or cast the rays of any spotlight, headlight, or other artificial light on any highway or in any field, woodland, or forest where game mammals, fur-bearing mammals, or nongame mammals are commonly found, or upon any game mammal, fur-bearing mammal, or nongame mammal, while having in his or her possession or under his or her control any 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 at any time any infrared or similar light used in connection with an electronic viewing device or any night vision equipment, optical devices, including, but not limited to, binoculars or scopes, that use light-amplifying circuits that are electrical or battery powered, to assist in the taking of birds, mammals, amphibians, or fish.

(d) The provisions of this section do not apply to any of the following:

(1) The use of a hand-held flashlight no larger, nor emitting more light, than a two-cell, three-volt flashlight, provided that light is not affixed in any way to a weapon, or to the use of a lamp or lantern that does not cast a directional beam of light.

(2) Headlights of a motor vehicle operated in a usual manner where there is no attempt or intent to locate a game mammal, fur-bearing mammal, or nongame mammal.

(3) To the owner, or his or her employee, of land devoted to the agricultural industry while on that land, or land controlled by such an owner and in connection with the agricultural industry.

(4) To those 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.

[tony270]

And besides the hunting regs we have this you have this:

[Sandro]

What? Does it mean that even the possession of a night vision is illegal?

Those guys are located in South San Francisco, CA. I personally know the owner.
so, does it mean all the company including all the customers should be arrested?

http://www.armasight-international.com/

___

[tony270]

I think it it is still legal to use thermal imaging without magnification/amplification of the view.

From what I can tell, unless you are a LEO or military in the performance of their official duties you can't legally own night vision optics that are designed to be mounted on a firearm, you can own night vision optics.
Here's what you missd, see the bold below:

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.

From the CDFW Regulatios:

[Spyder]

Tony, that's incorrect. Passive NV optics are just fine..

[Spyder]

...well, the PC 468 portion. Can't quote and edit on my phone.

[tony270]

I was really dealing with amplifying the image size not ambient light.

[tony270]

(a) Except as otherwise authorized by this section, it is unlawful to use an artificial light to assist in the taking of game birds, game mammals, or game fish, except that this section shall not apply to sport fishing in ocean waters or other waters where night fishing is permitted if the lights are not used on or as part of the fishing tackle, commercial fishing, nor to the taking of mammals, the taking of which is governed by Article 2 (commencing with Section 4180) of Chapter 3 of Part 3 of Division 4.

(b) It is unlawful for any person, or one or more persons, to throw or cast the rays of any spotlight, headlight, or other artificial light on any highway or in any field, woodland, or forest where game mammals, fur-bearing mammals, or nongame mammals are commonly found, or upon any game mammal, fur-bearing mammal, or nongame mammal, while having in his or her possession or under his or her control any 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 at any time any infrared or similar light used in connection with an electronic viewing device or any night vision equipment, optical devices, including, but not limited to, binoculars or scopes, that use light-amplifying circuits that are electrical or battery powered, to assist in the taking of birds, mammals, amphibians, or fish.

(d) The provisions of this section do not apply to any of the following:

(1) The use of a hand-held flashlight no larger, nor emitting more light, than a two-cell, three-volt flashlight, provided that light is not affixed in any way to a weapon, or to the use of a lamp or lantern that does not cast a directional beam of light.

(2) Headlights of a motor vehicle operated in a usual manner where there is no attempt or intent to locate a game mammal, fur-bearing mammal, or nongame mammal.

(3) To the owner, or his or her employee, of land devoted to the agricultural industry while on that land, or land controlled by such an owner and in connection with the agricultural industry.

(4) To those 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.

[tony270]

As far as hunting goes this bars anything but the 9 volt light.

(c) It is unlawful to use or possess at any time any infrared or similar light used in connection with an electronic viewing device or any night vision equipment, optical devices, including, but not limited to, binoculars or scopes, that use light-amplifying circuits that are electrical or battery powered, to assist in the taking of birds, mammals, amphibians, or fish.

[Sandro]

As much as i understand you can have it, but you cannot hunt with it.

[E.D.C.Specialties]

Fair enough. I knew that night vision or light emitting optics were prohibited for use while hunting so I guess I was more wondering if anyone utilizes them for anything else during their scouting or just outdoor excursions in general.

[Sandro]

Yes i do for both.
I have a NV clip-on system( no magnification and no IR) which is legal according to all above, i guess.
Scouting with NV without weapon is not prohibited, hunting with depredation permits is also OK i guess. Maybe coyotes also OK, but i do not hunt them. Correct me if i'm wrong.

[tony270]

Yeah scouting without firearm seems legal.
But to me this says that you can't use a starlight/ambient light amplifier for hunting:

"that use amplifying circuits that are electrical or battery powered, to assist in the taking of birds, mammals, amphibians, amphibians, or fish".

It says that in the areas that it is legal to spotlight you can only use this:

Lights may be used, in those portions of the state not listed in Section 264, to take furbearers and nongame mammals under the following conditions only:

"(a) Only 9 volt lights or smaller, hand-held or worn on the head are permitted.
(b) Persons using such lights must be on foot.
(c) Lights may not be used in or from a vehicle and may not be attached or powered from any source other than self-contained batteries.
(d) A landowner or tenant suffering damage to livestock or other property by furbearing mammals or nongame mammals may designate, in writing, persons allowed by such landowner or tenant to use artificial lights in excess of 9 volts to assist in taking the depredating mammals. The landowner or tenants shall notify the closest fish and game office whenever furbearing or nongame mammals are taken under this authority.
No furbearing or nongame mammals including any threatened, endangered or fully protected species may be taken contrary to any other prohibition set forth in these regulations.

Certificate of Compliance as to 6-24-85 order transmitted to OAL 9-30-85 and filed 11-1-85."

[Sandro]

One word, it is so confusing.
Here is what i found

http://latimesblogs.latimes.com/outposts/2010/12/fish-and-game-q-a.html

As much as i understand, only NV with IV assistance is prohibited.
Without it fall under hunting hours.