If you’re thinking about getting night vision equipment, you might be wondering about the rules. Are night vision goggles legal in California? The short answer is yes, for most people in most situations.
California law generally treats night vision devices as legal to own and use. There are no state statutes that specifically prohibit civilians from purchasing or possessing them. However, there are some very important restrictions and contexts you need to understand. Using them improperly can lead to serious legal trouble.
This guide will walk you through everything you need to know.
Are Night Vision Goggles Legal In California
As a general rule, you can legally buy and own night vision goggles in California. You can find them at specialty retailers, online stores, and even some sporting goods shops. There is no state permit or license required simply to have them in your home.
The legality gets more complicated when you look at how and where you use them. The main concerns for law enforcement involve poaching and privacy violations. Because of this, the legal use of night vision is heavily tied to specific activities.
Key Legal Restrictions on Use
While owning them is legal, your actions with them can cross the line. Here are the major restrictions every California resident should know.
Hunting and Poaching Laws
This is the biggest area of restriction. The California Code of Regulations explicitly prohibits the use of night vision technology for hunting.
- You cannot use any night vision or thermal imaging device to aid in the taking of any bird, mammal, fish, reptile, or amphibian.
- This includes using them to spot, locate, or track game animals after sunset or before sunrise.
- Simply possessing night vision goggles while engaged in hunting activity could be construed as intent to poach, leading to heavy fines and loss of hunting privileges.
Privacy and Surveillance Concerns
California has strong privacy laws. Using night vision to spy on someone in a place where they have a reasonable expectation of privacy is illegal.
- This includes peering into private homes, yards, or changing areas.
- Such actions could result in charges like trespassing, invasion of privacy, or even voyeurism.
Use on Public or Government Property
Be cautious when using night vision in public spaces, especially near critical infrastructure.
- Using them on or around airports, military bases, power plants, or other secure facilities could attract unwanted attention from security personnel and law enforcement.
- It may be misinterpreted as planning for criminal activity or surveillance.
Who Can Legally Use Night Vision in California?
Several groups use night vision devices legally as part of their official duties.
- Law Enforcement & Emergency Services: Police, sheriff’s departments, and search-and-rescue teams use them for operations.
- Military Personnel: Active duty and sometimes veterans may have access through their service.
- Security Professionals: Licensed security personnel may use them for monitoring large, private properties.
- Recreational Users: For activities like camping, hiking, wildlife observation (without hunting), or astronomy, use is typically legal on private property with permission.
Buying and Owning Night Vision Goggles
The purchasing process is straightforward for civilians. There are a few things you should keep in mind.
- No Background Check: Unlike firearms, buying night vision does not require a background check under state law.
- Federal Export Controls: High-end night vision devices are subject to International Traffic in Arms Regulations (ITAR). This is a federal rule that controls the export of defense-related technology. It doesn’t prevent U.S. citizens from buying them, but manufacturers and sellers must comply, which can affect availability.
- Age Restrictions: While no state law sets an age limit, most reputable retailers will only sell to individuals 18 years or older.
Practical and Safe Uses for Civilians
If you own night vision, here are some completely legal and fun ways to use them.
- Wildlife Watching: Observe nocturnal animals in their natural habitat from a safe distance on private land you have permission to be on.
- Camping and Hiking: Navigate around a dark campsite without disturbing others with a bright light. Always stay on marked trails.
- Home and Property Security: You can use them to monitor your own large property, like a ranch or farm. Be aware of your sightlines into neighbors’ property.
- Astronomy: Some astronomers use night vision to help locate celestial objects before using telescopes.
- Search and Rescue Volunteering: If you are part of an organized volunteer group, your equipment could be valuable.
What to Avoid: Staying on the Right Side of the Law
To avoid legal issues, follow these simple guidelines.
- Never take night vision goggles on a hunting trip, even if you “don’t plan to use them.”
- Always respect boundaries and privacy. Do not look into areas where people expect privacy.
- If you are on public land at night, be prepared to explain your activity if approached by law enforcement. Being polite and transparent is key.
- Do not use them in any way that could be seen as threatening or planning a crime.
Penalties for Illegal Use
The consequences for breaking the law with night vision can be severe.
- Poaching: Fines can reach thousands of dollars, plus the loss of hunting licenses and equipment forfeiture. Jail time is possible for serious offenses.
- Privacy Violations: Could result in misdemeanor or felony charges, fines, and potential civil lawsuits from the victim.
- Trespassing or Suspicious Activity: Can lead to detainment, arrest, and having the device confiscated as evidence.
FAQ: Night Vision Goggles in California
Can I buy night vision goggles online and have them shipped to California?
Yes, you can. Most online retailers that sell to the U.S. will ship to California without issue. Just be aware of the retailers own policies and federal ITAR regulations for high-end models.
Are thermal scopes legal under the same rules?
Yes, thermal imaging devices are treated very similarly under California law. They are legal to own but illegal to use for hunting or in ways that violate privacy.
Do I need a permit for night vision in California?
No, there is no specific permit required to purchase or own night vision goggles in the state. Their use is regulated by activity-specific laws instead.
Can I use them for pest control on my property?
This is a gray area. While you might be controlling pests like rats, the law prohibiting take of mammals with night vision is broad. It is strongly recommended to consult directly with the California Department of Fish and Wildlife for clarification before attempting this.
Are there any cities in CA with local bans?
There are no known city or county ordinances that specifically ban the ownership of night vision devices. The statewide hunting and privacy laws are the primary governing rules.
In summary, night vision goggles are a legal and fascinating technology to own in California. The freedom to purchase them comes with the responsibility to use them wisely. Always prioritize safety, respect the privacy of others, and strictly avoid any association with hunting. By understanding and following these guidelines, you can enjoy the unique capabilites of night vision without any legal worries. If you are ever unsure about a specific use, it is best to err on the side of caution or seek legal advice.