California ban on "sniper scopes"

[Old Hobo]

I wasn't aware of California banning what their state government defines as "sniper scopes". Just was reading this. I would like to learn more. Is this law still standing?

Looks like the law bans infrared scopes. Says nothing about starlight scopes.

https://codes.findlaw.com/ca/penal-code/pen-sect-468.html

"California Code, Penal Code - PEN § 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."
.

 

[AlexanderA]

"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."

That's laughable. Infrared scopes are 1950's technology (see: the M3 Carbine). All this does is penalize collectors.

Actually, they could bring this up to date by deleting the bolded words. But let's not give them any ideas.

 

[mljdeckard]

Well, in all fairness, their other made-up terms were getting pretty tired,

 

[MEHavey]

Infrared scopes are 1950's technology

If you look up the legislation, it was passed initially in 1958
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=468.&lawCode=PEN

 

[RickD427]

Yes, it's still the law in California.

And as previous posters have pointed out, it is limited to scopes that employ a projected infrared light source (e.e. 1950's technology). The statute does not prohibit the more modern light amplifying types of scopes.

The California legislature has long been more concerned with making new laws, than with updating, or repealing, old laws.

Up until just a few years ago, California implicitly condoned the corporal punishment of wives and servants by specifically providing that a death caused in the "lawful correction of a wife or servant" would be an excusable homicide. In the same vein, it was also illegal to wear a "Zoot Suit" in Los Angeles County until just recently.

 

[tactikel]

In the near future a “sniper rifle” will be any center fire bolt action. A sniper sight will be any telescopic sight. Their intention is to disarm, incrementally.

 

[Jim Watson]

"Sniper rifle" has been used by antis for typical scope sighted hunting rifles.
The misnomer did not catch on... then.

 

[Rule3]

I know nothing about the night scopes technology

Would these ATN scopes be "sniper" scopes and be illegal??

https://www.atncorp.com/x-sight4k-pro-day-night-rifle-scope-5-20x

 

[AJC1]

In the near future a “sniper rifle” will be any center fire bolt action. A sniper sight will be any telescopic sight. Their intention is to disarm, incrementally.

I bet the line will be drawn at any scope that meets the export ban criteria. They will just grab and implement it.

 

[AlexanderA]

Would these ATN scopes be "sniper" scopes and be illegal??

https://www.atncorp.com/x-sight4k-pro-day-night-rifle-scope-5-20x

The description says it includes an infrared illuminator, so yes, this would be covered under the California law.

Most modern night vision scopes amplify ambient light, so they're not affected.

 

[4v50 Gary]

I don't thnk the law applies to passive intensifiers or thermal.

BTW, by 1947 there were instructions on how IR worked, how to build your own IR along with a parts list and ordering sheet!

 

[Frank Ettin]

The OP asked about a California law. What goes on in other States is off-topic.

 

[reddog81]

I'm not a lawyer and not familiar with California law, but it does still show up on the California official Legislative Information website - https://leginfo.legislature.ca.gov/...onNum=468.&highlight=true&keyword=sniperscope

FWIW all my sniperscopes are for scientific research and/or educational purposes...

 

[Spats McGee]

For a variety of reasons, including but not limited to legislative inertia, laws go on the books a whole lot more often than they are repealed.

 

[Mauser fan]

That was well said sir well said.

 

[carbuncle]

In the near future a “sniper rifle” will be any center fire bolt action. A sniper sight will be any telescopic sight. Their intention is to disarm, incrementally.

That's the issue right there. They want to use this as an excuse to ban hunting rifles in CA.