Just got a response today from the Texas Department of Wildlife Law Enforcement.   I posed a question about hunting whitetail with a thermal during season, during normal hours and this was my question and response.   Its interesting that the thermal can be used 30 minutes after sundown amd 30 minutes before sunrise.  How many of you have had a buck visit right before sunrise or right after sunset?  I know I have.  Many times I can see the buck with a good pair of binoculars but hesitate to take the shot.   I can also now sit in the stand well after dark to take out coons and hogs without having to carry another rifle for day hunts

Comment or Question: I have read the guidelines on hunting white tail deer.  It says no illumination devices that light the subject.  My question is about thermal scope use during the daylight hours.  This would be under the same conditions as a traditional scope.  Dawn to dusk.   Reason for my asking is that I hunt ferral hogs at night with my rifle.  I would like to use the same rifle during the day to hunt white tail during normal season without having to remove my optic for the purpose of maintaining zero.    The regulations don't specifically address thermal optics.


Response: Game animals which include deer but do not include feral hogs may only be taken 30 minutes prior to sunrise to 30 minutes after sunset. Feral hogs may be taken by any legal means at any time. Thermal scopes that gather heat image or light do not qualify as illumination and may be used take both game and non game animals. No light can be projected or cast on a game animal no matter the time of day, however this again does not apply to feral hogs.

Sincerely,

ATF Letter Writers. FDA Letter Writers, now we have TP&W Letter Writers. The response you received would not have changed what I do. Not sure why anyone would think Thermal is Artificial Light.

Artificial light of any form that casts or reflects a beam of light onto or otherwise illuminates a game animal or bird may not be used as an aid to hunt, except battery-powered scoping devices that project a light or dot only inside the scope; pin sight lights on archery equipment; or laser sighting devices used by legally blind hunters, or hunters who have a documented permanent physical disability that prevents them from using traditional firearm sighting devices.

http://tpwd.texas.gov/regulations/outdoor-annual/hunting/general-regulations/means-and-methods

I've thought about getting a thermal monocular just to use for finding game

In for response

They work awesome for finding downed game. My HD19 has found one deer and three coyotes for me this year

Not sure how to take your comments.   I didnt think a thermal was artificial light.  I asked because the rules didnt specify the use of heat as a source for aiming.   Thermal scopes.  I dont expect it to change anything for you, i could care less what you do.  I asked because it changes what I will do.  Id like to use my thermal during the day to kill game animals.  I just simply posted my question and results for those who would like to use a thermal for game animals.  Of course my question was applied to Texas hunting.  States could vary

Exactly why I like mine for bow season.  Often times they run a ways and I have to look for them at night.  This makes it so easy to do. I agree

It blows my mind how well my little Pulsar HD38A works during the day in deer season.  I just thought I was looking hard with binocs.  Even after spotting them with the thermal and knowing exactly where the deer are standing I can only find them about half the time with a $400 set of binocs.  Oh, and this has taken place at noon on a 70 degree day over a rocky slope and spotting them at 300 yards with thermal.  During the day, I much prefer to shoot with a good day optic but the thermal just works.

In Florida you can use any thermal device for hunting game species and retrieving them on private and public land during the day during hunting season.

Make sure you know the actual "sunrise" & "sunset" times if you are going to be taking any shots in that 30 min window.

Agreed.  Thernal infrared cameras neither cast "light" onto, nor reflect "light" off of images.  They simply detect energy given off by objects.  Every object in nature produces a thermal signature.  There is also a reflection component (emissivity) where the thermal signature of surrounding objects can affect the the apparent thermal signature of the object being observed.

I suppose if you wanted to be technical, the thermal energy given off by a TWS could reflect off an object.  In that case, the scope is "casting" energy onto a target, then detecting the reflected energy.  Wouldn't happen with a game animal unless its emissivity value is somehow very high.  Possibly if the animal is wet?  Highly unlikely though.

I agree with the content of your argument but disagree with the premise that we should just relax while standing in the shadow of Big Brother. Even IF what you are doing is perfectly legal, you still need to be able to legally defend yourself against the brutal ignorance of law enforcement. A letter like this in-hand may prevent confiscation of equipment by ignorant, well-meaning officials who are "operating in good faith". Once you educate them, good faith becomes more difficult to falsify.

He can write all the letters he wants. It's no skin off of my nose. Oftentimes it's these silly letters that become the basis for what we later call common sense.

I disagree and an email is not going to persuade a GW from doing what he does. Do you also carry letters saying your gun is legal? Your ammunition? Your magazine capacity? Your silencer? How about the flashlight in your pocket?

Do you have a letter saying your IR is legal for NG/Animals? Your MG?

Do what you want though, I do not live my life worrying the cops are out to get me and I need a "letter".....