If you’re thinking about buying or using night vision equipment in the state, you probably have one big question: are night vision goggles illegal in California? The short answer is no, they are generally legal for civilians to own and use. However, like many things in California, the rules have specific exceptions and important legal boundaries you need to understand.
This guide breaks down everything you need to know. We’ll cover state and federal laws, where you can use them, and the situations that can get you into serious trouble. Owning night vision goggles (NVGs) is straightforward, but misusing them is not.
Are Night Vision Goggles Illegal In California
As a general rule, owning night vision goggles is perfectly legal under both California state law and federal law. You can purchase them without a special license, and there are no restrictions on the generation or type of technology for civilian use. Retailers across the state and online freely sell them for activities like camping, wildlife observation, and security.
The legality, however, hinges entirely on your intent and how you use them. California has strict statutes that prohibit using night vision technology to commit a crime or to hunt. This is the critical distinction that every owner must be aware of to stay on the right side of the law.
Key California Laws You Must Know
Two main areas of law touch on night vision use: hunting regulations and penal codes related to criminal activity.
- Hunting with Night Vision is Illegal: The California Code of Regulations (CCR T14-251) explicitly prohibits the use of “night vision goggles” or any night vision devices while hunting. This includes using them to spot, target, or assist in taking any bird or mammal. Even possessing them in the field during a hunt could lead to poaching charges.
- Use in the Commission of a Crime: This is the big one. Under California Penal Code, using night vision goggles to facilitate a crime turns them into a criminal tool. For example, using them for burglary, trespassing, or stalking will result in enhanced charges and more severe penalties. The device itself can be confiscated as evidence.
Where You Can and Cannot Use Them
Knowing where it’s acceptable to use your NVGs helps you avoid accidental trouble.
Generally Allowed Uses
- Recreational camping and hiking on public or private land where you have permission.
- Wildlife observation and photography (without a weapon and not during hunting season in hunting areas).
- Home security and property patrol on your own premises.
- Search and rescue operations (often conducted by authorized teams).
- Astronomy and stargazing.
Strictly Prohibited or Risky Uses
- Any hunting activity for game birds or mammals.
- Trespassing on private property to observe people or structures.
- Peering into the windows of private homes (this could be considered invasion of privacy or voyeurism).
- Use in conjunction with a firearm to hunt, even on your own land.
- Any activity that invades a person’s reasonable expectation of privacy.
Purchasing and Owning Night Vision Goggles
Buying NVGs in California is simple. There are no special state permits required for purchase or ownership. You can buy them from:
- Online retailers and specialty websites.
- Sporting goods stores and tactical gear shops.
- Electronics and surplus stores.
When you make a purchase, you are subject to the seller’s policies, but no government background check is typically involved. It’s just like buying a pair of binoculars. Some high-end military-grade equipment might have export controls, but that’s a federal regulation, not specific to California.
Federal Regulations to Consider
While California state law is your primary concern, a few federal rules exist. The International Traffic in Arms Regulations (ITAR) control the export of certain high-grade night vision technology. This means you cannot legally take some devices out of the United States without a license. However, ITAR does not restrict domestic purchase or use within U.S. borders for civilians.
Practical Tips for Responsible Ownership
To ensure you enjoy your gear without issues, follow these simple steps.
- Know Your Local Ordinances: Check with your city or county for any local rules about using optical devices in public spaces.
- Respect Privacy Always: Never point your goggles at private homes, yards, or areas where people expect privacy. This is the fastest way to have the police called on you.
- Be Discreet in Public: Using them in an urban area or park may alarm others or draw unnecessary attention from law enforcement. Be prepared to explain your lawful activity calmly.
- Store Them Securely: Like any valuable item, keep them in a safe place to prevent theft or unauthorized use.
- Educate Yourself on Hunting Laws: Even if you’re not a hunter, if you’re in a hunting area during season, understand that possessing them could be misconstrued.
Common Misconceptions Cleared Up
Let’s clarify some frequent points of confusion.
- Myth: You need a permit to buy them. Fact: No permit is required for purchase or ownership in CA.
- Myth: Thermal imaging is treated the same. Fact: Thermal scopes and cameras fall under the exact same legal restrictions for hunting and criminal use.
- Myth: Law enforcement will confiscate them on sight. Fact> Police only care if you’re using them illegally. Lawful use is not a problem.
What Happens If You Break the Law?
The consequences for illegal use are serious. For hunting violations, you face hefty fines, loss of hunting privileges, and potential jail time for poaching. If used in a crime, the night vision goggles become part of the criminal evidence, leading to additional charges like burglary with a special tool or stalking with a surveillance device. Penalties can include felony charges and imprisonment.
FAQ Section
Can I use night vision for hog hunting in California?
No. While wild pigs are a game mammal in California, the prohibition on using night vision devices applies to all hunting. The use of artificial light or night vision to take any mammal is illegal under state hunting regulations.
Are digital night vision scopes legal?
Yes, they are legal to own. However, the same use restrictions apply. Using a digital night vision scope on a firearm to hunt is illegal, just as it is with traditional night vision.
Can I carry night vision goggles in my car?
Yes, you can transport them in your vehicle. It’s a good idea to keep them in a case. If you are stopped in a rural area during hunting season, be aware that an officer might question why you have them, so be honest about your intended lawful activity.
Is it legal to look at the stars with night vision?
Absolutely. Astronomy is a popular and completely lawful use for night vision technology. It can help you see fainter stars and celestial objects.
What about using them on a boat?
Using night vision for safe navigation on a boat is generally legal. However, you cannot use them to aid in fishing for species with night restrictions or to hunt marine mammals. Always check specific fishing regulations.
In summary, night vision goggles offer amazing capabilities for recreation and work. In California, the key to legal ownership is responsible use. By understanding and respecting the boundaries set by hunting laws and privacy rights, you can enjoy this technology with confidence. Always remember that intent is what matters most to law enforcement. Stay informed, use common sense, and you’ll have no problems.