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While thermal scopes provide the hunter with an important edge in the field during low-light or no-light situations, they are also a tool that can be used to take game illegally. So, the question arises – are thermal scopes legal?
In order to understand the legality of thermal scopes, it’s important to first understand what they are, how they work, who should use them, and why they cause controversy.
*The following information is in no way to be interpreted as legal advice and is intended to be an educational resource only. You should always check your local laws and regulations BEFORE buying or using thermal scopes, or any night vision device.
What We Will Cover
What are thermal scopes?
Thermal scopes are a type of night vision device that uses a special type of sensor to detect heat from an object or animal. The image that is captured by the thermal scope then mimics the scene as it would appear in visible light, only with different colors representing different temperatures.
While thermal scopes do not always provide as clear of an image as some of their night vision counterparts, they still help you identify things in your environment that would otherwise be lost to natural sight.
Also called thermal imaging systems, the best thermal scopes can be used in a variety of settings for various purposes.
Due to their ability to produce a reasonably detailed image by analyzing the heat of the signatures of the environment, they’re often a more “situational” tool than a daily-use piece of equipment.
For example, thermal imaging is used by law enforcement to detect criminals that are trying to get away in a dark or obstructed environment. The human body is often much hotter than its surroundings, so it shows up easily on infrared cameras.
Who can use thermal?
Many professions use thermal imaging devices, including:
- Firefighters: Thermal imaging is used to see through smoke and find the center of a blaze.
- Emergency Response: Thermal imaging can help to find people in debris or rubble after building collapse or earthquakes.
- Home Inspection: Thermal imaging is used by many home inspectors to detect areas of significant heat loss.
- Medicine: Thermometers (using thermal imaging) may be used by medical professionals or veterinary staff to measure fevers and heat-related injuries.
- Police Work: Thermal imaging may be used to seize hiding offenders as mentioned before or to discover spots where illicit drugs are cultivated.
- Military: Thermal imaging is used by soldiers to locate and eliminate threats on the battlefield.
Thermal scopes are also very popular for:
- Hunting: Hunters use thermal imaging to detect their target in low to no light environments.
- Predator Prevention: Thermal scopes can be used to check your property for unwanted night-time visitors such as coyotes and bobcats.
- Home Protection: Want to make sure no one is creeping around the perimeter of your home before bed? Thermal scopes can help with this task.
What’s the difference between thermal imaging and night vision?
Thermal scopes are sometimes confused with infrared (IR) goggles or night vision goggles (NVG), which actually take an image in by using a combination of an infrared light source and different types of lenses to create the image using a sensor.
Since thermal scopes use their own type of infrared technology (thermal-IR) to produce their images, they are not in the same category as other night vision devices.
This brings us to our next question leading to the legality of these devices.
How do thermal scopes work?
Thermal scopes use thermal imaging to detect heat signatures emitted by objects. This technology allows hunters to see targets in complete darkness or in low-light conditions.
The most advanced thermal imaging technology can pick up heat signatures from warm objects in complete darkness, through smoke, dust or light fog, from a distance of more than 100 yards.
Thermal scopes have become very popular among hunters because they allow them to take game that would otherwise be difficult or impossible to kill.
However, this technology is not without controversy. Some people argue that thermal scopes give hunters an unfair advantage. Hunters argue the scopes do more good for animal populations than bad.
Are thermal scopes legal?
In a short answer, yes. The use of thermal scopes is legal in the United States. That said, the real question you need to ask is, “Are thermal scopes legal in my state?” The true legality of a thermal scope depends on where you live, how you intend to use it and the laws in that specific location.
Thermal scopes are categorized as thermal imaging systems but are often collectively referenced in the “night vision” category. Thermal imaging systems are typically used for hunting at night, but can also be used during the day to scout game where it might be difficult to see them otherwise.
Laws change all the time so you should always check with your local DNR or other state agency to determine the exact regulations in your area before purchasing, or using any thermal or night vision device.
Hunting game animals (Deer, Turkey, Elk, Moose, Small Game, etc.) at night is prohibited by all states and some will also prohibit having in your possession a night vision device while hunting game animals. This means that even if you have a night vision device on you but aren’t using it you can get in trouble.
Some states also restrict the type of animal you’re allowed to hunt with night vision or thermal optics, so be sure to check your local regulations first.
You can use the following links to assist in verifying the regulations on the use of a thermal scope in your state.
Can you use thermal scopes for scouting?
If thermal scopes are used at night, then they will be considered “night vision” devices. These devices are not legal for scouting game in some states. At the risk of sounding like a broken record by this point, it’s important to check local regulations to learn the specific rules in your area.
Can you hunt with thermal scopes during the day?
Unlike night vision optics, thermal imaging can be used during any time of day to help identify wildlife.
All those little camouflaged birds, varmints, hogs, or anything else that may be hiding in the bushes will become immediately visible if you’re looking in the right spots with a thermal scope. Also, when deer antlers are filled with blood, they will show up on a thermal detector.
Another daytime benefit of a thermal scope is tracking your kill. We all know how frustrating it can be to locate the trail of a wounded animal in heavily wooded terrain. Thermal imaging makes this task much easier by picking up the warm blood trail left as the animal ran off.
Thermal Scope Controversy
Due to restrictions on night hunting and the use of thermal and night vision gear to hunt animals in certain states, petitions have become a very popular recourse among hunters wishing to legalize the use of thermal gear for hunting.
Laws are important for regulations and setting boundaries, but often there is a gray area between them and how they are enforced.
Many people feel the restrictions on night hunting and using thermal & night devices need an update. Here are a few reasons petitions are circulating through various states:
- Some states are being ravaged by coyotes, preying on vulnerable animals.
- Thermal cameras are also used to help identify the proper wildlife and prevent unintentional deaths of endangered species.
- Thermal aids in the management of increasing predator activity.
- Feral hogs are destroying property in some states and multiply at an alarming rate.
It’s uncertain whether or not these petitions will yield any long term change in current regulation. It is clear however, that hunters and the general public need to understand when thermal scopes can be used – and more importantly, when they cannot.
Final Thoughts
All in all, thermal scopes are a great tool for identifying game and wildlife, as well as being useful for many professions or hobbies.
It’s important to do your research before committing to a purchase and make sure you understand the applicable state laws regarding the use of thermal imaging; but if you decide that a thermal scope is right for you, I think you’ll find it to be an invaluable addition to your gear.
