# Illegal to shine flashlight in fields?



## daimleramg (Oct 9, 2011)

Was watching a TV show... park rangers were giving out tickets to people who were using their flashlights in a field. Now they were hunters(I'm not), now if I walked into the same field at night and my flashaholism was kicking in and I started playing with my flashlights I'd get a ticket too? The park rangers called it spot lighting but how is that illegal?


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## StarHalo (Oct 9, 2011)

Spotlighting is hunting using a powerful spotlight to blind and stun your prey, which is indeed illegal. As long as you could successfully explain that you're not hunting and not trying to harass the wildlife, you'd be fine.


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## CamoNinja (Oct 9, 2011)

Depends on where you are maybe. I've heard of people doing it and getting a ticket for disturbing the wildlife.


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## daimleramg (Oct 9, 2011)

StarHalo said:


> Spotlighting is hunting using a powerful spotlight to blind and stun your prey, which is indeed illegal. As long as you could successfully explain that you're not hunting and not trying to harass the wildlife, you'd be fine.



Does taking beamshot photos qualify for a good enough reason to avoid getting a ticket?...lol


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## LEDAdd1ct (Oct 9, 2011)

In the absence of hunting equipment, you will probably be fine, especially if you are loaded to the gills with batteries and lights. It is easier to believe someone is addicted to flashlights and indulging their hobby if they have ten lights on them than one.


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## Morelite (Oct 9, 2011)

Here in PA wildlife spotting is illegal during certain times and that may be what the Ranger thought was going on.


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## Acid87 (Oct 9, 2011)

Never heard about this in the UK. Sounds pretty plain and simple got a gun get a ticket.


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## Norm (Oct 9, 2011)

StarHalo said:


> Spotlighting is hunting using a powerful spotlight to blind and stun your prey, which is indeed illegal. As long as you could successfully explain that you're not hunting and not trying to harass the wildlife, you'd be fine.


Spotlighting is very popular and legal way to hunt rabbits and kangaroos here in Australia, 
Norm


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## JacobJones (Oct 10, 2011)

Personally I would be more concerned about being done for trespassing in someones field. But if you are in your own field they can't do anything about you using a torch


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## Illum (Oct 10, 2011)

I've frequently lit-up a field or an clearing while investigating a sound, rustling, or what appeared to be a reflection. I have not heard of this before. Guess I should count my blessings my shotgun is in my closet and not on my shoulder


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## EZO (Oct 10, 2011)

The question of legality regarding shining lights in fields depends on the particular jurisdiction (state or country) in which you live. The best thing to do is contact your local Fish, Game or Wildlife agency to learn the rules that affect you. These laws are usually published on the web. In some places it's perfectly legal, in some places allowed under limited circumstances and in others not allowed at all.

The practice is known variously as jacklighting, spotlighting or lamping and even in places where it is not illegal it is generally frowned upon by wildlife specialists. 

Here in Vermont where I live it is illegal to shine a light in a field for *any* reason regardless of whether you have a weapon with you or if you are aiming your light at an animal. Saying, I'm a "flashaholic" wouldn't cut it with the game warden. The law reads: *"It is illegal to intentionally throw or cast the rays of a spotlight, jack, or other artificial light on any highway, or any field, woodland or forest, in order to spot, locate, take, or attempt to spot, locate or take any wild animal."*

There has been an ongoing problem in certain states with jacking deer at night so I guess the idea behind such a strict law is so there is no question about what you are doing with your flashlight out there at night. Although I am a hunter I respect the game laws but I really didn't get what the law was all about until a couple of idiots decided to try to jack deer on my property at 2 o'clock in the morning. I happened to be awake and saw a very bright light sweep across my field and heard a firearm discharge from the road right near my house! These guys were even stupid enough to come back the next day to see if they hit anything, so I was able to report them.


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## WDR65 (Oct 17, 2011)

Just saw this thread. In most of Eastern NC we are allowed to shine lights to look at deer up until 11 p.m., the main provision being that you don't have a firearm or bow in your vehicle.
The Wildlife Officers often fly around in small planes checking for people "firelighting" or shooting deer with a spotlight or flashlight. It doesn't seem to have any adverse effects on the deer that I can tell. They often go right on browsing.


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## savumaki (Oct 17, 2011)

In Ontario it is illegal to hunt at night (except for raccoon with a licenced dog). It is also illegal to use a light at night (jack lighting) for the purpose of hunting.
Having no hunting tools I doubt you would be at risk; however that said I wouldn't be wondering around in the dark while yahoos with guns are about.


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## na1lb0hm (Oct 18, 2011)

If the hunters were in fact using lights to spot animals, and had the equipment for hunting, the rangers would probably have grounds for mens rea, especially if the area was known for poaching.
Most likely, a ticket like that would be to get their names in the system, and to get them with something, rather than letting them walk free.

It's terrible that there are idiots like that out there giving both legal flashlight and firearm owners a bad name.


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## Mr Bigglow (Oct 20, 2011)

As per the Ontario post, it's called 'jacking" deer where I live- the deer freeze in the familiar caught-in-the-headlights manner and are easy to shoot. The practice is not only illegal but also unsporting. I was going to throw in the word "immoral" as well, but what with the exploding deer populations maybe we should loosen up a mite. But on the third hand shooting a firearm in the dark is never going to be safe for your fellow humans so yes, it _is_ immoral.

Anyway, it's also done to see where the deer are in the dark, without any immediate shooting- of course their eyes light up like beacons even if you can't otherwise see them- and then the hunter waits hoping they'll still be there when the legal shooting hour arrives. I don't know anyone who admits to either of these practices, but looking at store shelves, I DO know that the sale of big-*** flashlights booms right around deer jacking time.

EDIT: I don't know why I'm getting the 'word word' repeating word thing but when I go in to edit, it's not there. Word word to the mods perhaps.


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## Mr Bigglow (Oct 20, 2011)

EZO said:


> The question of legality regarding shining lights in fields depends on the particular jurisdiction (state or country) in which you live. The best thing to do is contact your local Fish, Game or Wildlife agency to learn the rules that affect you. These laws are usually published on the web. In some places it's perfectly legal, in some places allowed under limited circumstances and in others not allowed at all.
> 
> The practice is known variously as jacklighting, spotlighting or lamping and even in places where it is not illegal it is generally frowned upon by wildlife specialists.
> 
> ...



You got off lightly- I know of a family that had a decorative cement deer shot right in their garden, presumably someone shooting from the road using vehicle headlights. The round ricocheted of course, and hit their garden shed, taking out a lawn tractor. No gnomes were harmed, however. I presume it was this sort of thing that inspired the decoy deer game wardens have such good luck with.


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## Jay R (Oct 21, 2011)

EZO said:


> Here in Vermont where I live it is illegal to shine a light in a field for *any* reason regardless of whether you have a weapon with you or if you are aiming your light at an animal. Saying, I'm a "flashaholic" wouldn't cut it with the game warden. The law reads: *"It is illegal to intentionally throw or cast the rays of a spotlight, jack, or other artificial light on any highway, or any field, woodland or forest, in order to spot, locate, take, or attempt to spot, locate or take any wild animal."*
> .


It's not illegal for you to shine a light in a field. Read your law closer. " in order to spot/ attempt to spot..." It's only illegal if you are doing it with the intent to find an animal. If you are doing it because you like torches and you are trying out your new one, you are not breaking this law even if you happen to see a wild animal while doing so.


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## OCD (Oct 21, 2011)

Jay R said:


> It's not illegal for you to shine a light in a field. Read your law closer. " in order to spot/ attempt to spot..." It's only illegal if you are doing it with the intent to find an animal. If you are doing it because you like torches and you are trying out your new one, you are not breaking this law even if you happen to see a wild animal while doing so.



Maybe in England, but not the case here in the states.


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## JacobJones (Oct 21, 2011)

The law reads: "It is illegal to intentionally throw or cast the rays of a spotlight, jack, or other artificial light on any highway, or any field, woodland or forest, in order to spot, locate, take, or attempt to spot, locate or take any wild animal."

Court case.

PC: "I caught him jacking deer."
Flashaholic: "I didn't even have a gun your honour" 
Judge: "Do you have evidence PC walker?"
PC: "Here's the spotlight. The gun... Errr... He must have swallowed it"
Judge: "Guilty as charged"

The law can say one thing but who's the judge gonna believe, naturally they will be biased toward the police officer.


_Admin note: Thanks for correcting a situation -:thumbsup: _


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## EZO (Oct 22, 2011)

EZO said:


> Here in Vermont where I live it is illegal to shine a light in a field for *any* reason regardless of whether you have a weapon with you or if you are aiming your light at an animal. Saying, I'm a "flashaholic" wouldn't cut it with the game warden. The law reads: *"It is illegal to intentionally throw or cast the rays of a spotlight, jack, or other artificial light on any highway, or any field, woodland or forest, in order to spot, locate, take, or attempt to spot, locate or take any wild animal."*





Jay R said:


> It's not illegal for you to shine a light in a field. Read your law closer. " in order to spot/ attempt to spot..." It's only illegal if you are doing it with the intent to find an animal. If you are doing it because you like torches and you are trying out your new one, you are not breaking this law even if you happen to see a wild animal while doing so.



My friend, you are rationalizing and trying to split hairs regarding the letter and intent of this law and one would have a hard time trying to explain to a judge that you might have some "other" reason to be shining your lights at night around fields here in this rural area. You might as well tell the judge you weren't attempting to spot game, you were really looking for leprechauns. Try going into a court and telling a judge that, well, your Honor, I was just "trying out" my flashlight and even though I got caught by the game warden illuminating some deer out there in the field I wasn't really "attempting" to do that. I mean, come on! Here in Vermont the abundance of wildlife is such that chances are if you shine a bright light out into a field at night just about anywhere you will see eyes shining back at you. And OCD's remark is quite correct.

Edit: BTW, the question of whether or not you have a firearm with you while spotlighting is moot. Many guys are out there scouting for bucks with the intent of returning later for the hunt which is one of the reasons the law is written the way it is.


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## EZO (Oct 22, 2011)

Mr Bigglow said:


> You got off lightly- I know of a family that had a decorative cement deer shot right in their garden, presumably someone shooting from the road using vehicle headlights. The round ricocheted of course, and hit their garden shed, taking out a lawn tractor. No gnomes were harmed, however. I presume it was this sort of thing that inspired the decoy deer game wardens have such good luck with.



That's pretty funny Mr Bigglow! And all too true regarding how many times game wardens catch these types if idgits with deer decoys. You know, many of my fellow hunters are intelligent, courteous and responsible out in the field but I am amazed at just how often I run into inconsiderate, dumb, knuckleheads with two digit IQs out there. And on the rare occasions that there is a hunting accident around here you can pretty much count on it being caused by some guy who shot at "something that moved" without identifying an actual target. These are the same guys that go into the woods where they see other hunter's cars parked at a trail head or roadside rather than find a place with less hunting pressure and a wider margin of safety and game availability. I don't really know what it is but there is something about hunting that brings these kind of characters out of the woodwork. And these are the same guys who try to jack deer at night because they don't have the patience or hunting skills to take their prey in a sportsmanlike, legal manner.


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## BirdofPrey (Oct 22, 2011)

People keep giving "legal advice" based on their state. This is silly. I live in Indiana and can see Kentucky. Here in Indiana, no weapon, no foul. Over in Kentucky, shining a light into any area where wildlife can be reasonably expected to be, is indeed illegal and can be treated as if poaching.



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## EZO (Oct 22, 2011)

BirdofPrey said:


> People keep giving "legal advice" based on their state. This is silly.



You are quite right, BoP. To repeat what I said back in post #11, "The question of legality regarding shining lights in fields depends on the particular jurisdiction (state or country) in which you live. The best thing to do is contact your local Fish, Game or Wildlife agency to learn the rules that affect you. These laws are usually published on the web. In some places it's perfectly legal, in some places allowed under limited circumstances and in others not allowed at all."


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## Apollo Cree (Oct 22, 2011)

Never forget, "you can beat the rap, but you can't beat the ride." If the cop and/or prosecutor are jack booted thugs, you can go through a lot of grief, annoyance, and expense, and you can't do a darn thing about it.


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## beerwax (Oct 22, 2011)

the modern world is so complex and confusing. how am i to know if i am in a field if i cannot first use my light to see the field. 

are terms like 'excessive lumens' , 'appropiate lumens' , 'lumens in a public place' , 'reckless lumens' and 'lumen license' on the horizon for flashoholics ?


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## Fusion_m8 (Oct 22, 2011)

Spray and pray or just shoot first then verify the target later...


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## BirdofPrey (Oct 23, 2011)

EZO said:


> You are quite right, BoP.



Well, I've had a bit of experience enforcing the law. ;-)



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## Lucem Ferre (Oct 24, 2011)

JacobJones said:


> Personally I would be more concerned about being done for trespassing in someones field. But if you are in your own field they can't do anything about you using a torch



In the case of the initial post we're almost assuredly looking at it happening on public land (Park Rangers, hunters etc) not on private property.


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## BirdofPrey (Oct 24, 2011)

What I posted about earlier, in regards to the state of Kentucky. The same law applies to personal property. Again, you are telling people certainties when you do not understand the laws yourself.

Please, be cautious doing so.


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## Jay R (Oct 24, 2011)

Sorry but I'm not buying it. Are you telling me that you can't take a night time walk in the U.S. without the possibility of being arrested ? What's wrong with " I'm out for a walk and I'm using the torch to see my way officer."
I've been on CPF for 6 years as an active member and longer as a watcher and I don't recall a single thread about a CPF member being arrested in the States just because he was out for a walk. How many hundreds of threads are there with people talking about hiking through the countryside at night with their high power lights?
 
Doesn’t happen.


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## OCD (Oct 24, 2011)

Jay R said:


> Sorry but I'm not buying it. Are you telling me that you can't take a night time walk in the U.S. without the possibility of being arrested ? What's wrong with " I'm out for a walk and I'm using the torch to see my way officer."
> I've been on CPF for 6 years as an active member and longer as a watcher and I don't recall a single thread about a CPF member being arrested in the States just because he was out for a walk. How many hundreds of threads are there with people talking about hiking through the countryside at night with their high power lights?
> 
> Doesn’t happen.



Have you ever accidentally ran a stop sign or red light and not get a ticket? Just because you didn't get a ticket doesn't mean its not against the law, does it? Just because you have no evidence of someone getting in trouble does not mean something isn't illegal. So until everyone has read up on the laws in his/or her area, please stop implying its not illegal. The law is the law....how it is interpreted (and enforced) can be another thing all together.


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## BirdofPrey (Oct 24, 2011)

Jay R said:


> Sorry but I'm not buying it. Are you telling me that you can't take a night time walk in the U.S. without the possibility of being arrested ? What's wrong with " I'm out for a walk and I'm using the torch to see my way officer."
> I've been on CPF for 6 years as an active member and longer as a watcher and I don't recall a single thread about a CPF member being arrested in the States just because he was out for a walk. How many hundreds of threads are there with people talking about hiking through the countryside at night with their high power lights?
> 
> Doesn’t happen.


 
For starters, I didn't say "in the states". I stated it very clearly "in Kentucky". That being said, there are very implicit laws in place about littering in nearly every state yet I see people throw cigarette butts out windows every day and have never heard of anyone being ticketed for it.




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## BirdofPrey (Oct 24, 2011)




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## BirdofPrey (Oct 24, 2011)

If you haven't figured it out by now, its intentionally written vague. 

Of note, while searching for the exact phrasing, I found that there are other states that have almost exactly word for word, the same law on the books.


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## Mr Bigglow (Oct 25, 2011)

Jay R said:


> Sorry but I'm not buying it. Are you telling me that you can't take a night time walk in the U.S. without the possibility of being arrested ? What's wrong with " I'm out for a walk and I'm using the torch to see my way officer."
> I've been on CPF for 6 years as an active member and longer as a watcher and I don't recall a single thread about a CPF member being arrested in the States just because he was out for a walk. How many hundreds of threads are there with people talking about hiking through the countryside at night with their high power lights?
> 
> Doesn’t happen.



As was already suggested, such game laws tend to be vaguely written to allow realistic consideration of the circumstances. If you're out for a walk with a light, no one is reasonably going to be able to say you broke the law by shining it around. If you're standing beside your idling vehicle at the roadside and lighting up a herd of deer at the edge of a forest, it is clear what your intent is. Known offenders in particular would not be able to persuade a judge that they were innocently tree watching or bat watching, or whatever, if it was defacto an illegal act to shine a light- intent in those cases is not a big issue, or at least is easier to prove.


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## BirdofPrey (Oct 25, 2011)

Hmm... odd. my second of three posts above was a direct quote from Kentucky law books in relation to this. It was showing in my browser but now its not.


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## BirdofPrey (Oct 25, 2011)

"No person may deliberately cast the rays of a spotlight or other artificial light into any field, pasture, woodlands or forest, whether public or private, where wildlife or domestic livestock may reasonably be expected to be located. Shining artificial lights into private residences or other structures is also prohibited. This does not apply to: the rays of headlights of vehicles engaged in a normal course of travel; lights being used in legitimate agricultural activities; to anyone involved in activities legitimate to his or her business or occupation; circumstances including lawful hunting activities; or any landowner, his or her immediate family or any paid employee while working on his or her land at that time. No person shall take wildlife, except raccoons, opossums, fishes and frogs, using lights or other means designed to blind wildlife or make wildlife visible at night."


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## tpopz2908 (Oct 25, 2011)

In my area, central Kentucky, the LEO's and Dept of Fish and Wildlife take this stuff pretty seriously. But there is quite a bit of poaching along with nightwatch from the surrounding horse farms just doing thier jobs. Needless to say, there are quite a few lights in the sky.

I manage the night activities for 5 large horse farms in the area, and my staff have been questioned by LEO's on occaision. Most of the time, thier questions quickly turn to curiousity about what type of light we are using as I have amassed quite an arsenal (Xeray 50w, several Xenide 25w and numerous Lightforce lights). I have on more than one occaision, lent them several lights for search and rescue operations.

If you are using your lights for personal use and not disturbing wildlife, I wouldn't worry too much about it. If you attract the attention of an authority, chances are they will ask you at some point "where did you get that light"


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## bstrickler (Oct 25, 2011)

Jay R said:


> Sorry but I'm not buying it. Are you telling me that you can't take a night time walk in the U.S. without the possibility of being arrested ? What's wrong with " I'm out for a walk and I'm using the torch to see my way officer."
> I've been on CPF for 6 years as an active member and longer as a watcher and I don't recall a single thread about a CPF member being arrested in the States just because he was out for a walk. How many hundreds of threads are there with people talking about hiking through the countryside at night with their high power lights?
> 
> Doesn’t happen.



I was nearly arrested for taking my dog for a walk down the trail right behind my house at 2am, because apparently it's city property, because it's part of the park (mind you, I was less than 10' behind the houses in the neighborhood), and it's illegal to be there between 10pm and 6am. Luckily, the officers only gave me a warning, and said that if I was caught there again, I would be arrested, and charged for trespassing. 

http://i3.photobucket.com/albums/y85/Bstrickler/Park-1.png
The trail circled is the path I was on, which I had been taking for years. The black dot is where I was confronted by the cops.

The incident happened BEFORE that asphalt was put on the path, so there was no hint/real evidence it was city property. The trail wasn't marked with any kind of indication that it was private property.

The only marking for the park hours is by the actual park itself (the bare patch on the top right), which I almost never use/go to (my dog can't handle walks that long). I instinctively assumed the only city property was the park, skatepark and baseball field (and when I went there last, those weren't even marked with park hours). I figured they just "paved" the path out of courtesy for the residents that lived in the neighborhood.

Luckily, I had my social security number memorized (they said they would have had to take me in if I didn't have it memorized, since I don't bring my wallet with me when I go for walks, even though I only was like 1/3 mile from my house, and could've been escorted there, and given them my DL, to prove I am who I say I am)

If I was arrested, that was going to be a case I'd fight tooth and nail.


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## Scubie67 (Oct 25, 2011)

Yep it is... Disturbing the Deer


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## Mr Bigglow (Oct 31, 2011)

Scubie67 said:


> Yep it is... Disturbing the Deer



I decline to leave that as the last post on the subject. Unless a supersonic 30.06 slug between the eyes or through the lungs is considered "disturbing," these laws are in place to prevent nighttime poaching of large game animals. I don't even think deer are disturbed by the lights in question- if they were they probably wouldn't come in sight of the roads.


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