{"id":858,"date":"2021-04-21T13:41:41","date_gmt":"2021-04-21T10:41:41","guid":{"rendered":""},"modified":"2021-04-23T15:55:23","modified_gmt":"2021-04-23T12:55:23","slug":"is-the-ban-on-the-use-of-oosihiks-still-relevant-and-reasonable","status":"publish","type":"post","link":"https:\/\/optikwelt.ee\/en\/huvitavat\/kas-oosihikute-kasutuskeeld-on-ajakohane-ja-moistlik\/","title":{"rendered":"Is the ban on night-vehicle use up to date and sensible?"},"content":{"rendered":"

Under current legislation, night vision devices are prohibited for civilian use. Unfortunately, there has never been the slightest debate on the ban on night vision devices, either within society or in the Riigikogu.<\/p>\n

To listen to the article, please click on the player.<\/em><\/span><\/p>\n

There are approximately 15,000 hunters and over 100 hunting clubs in Estonia, as well as thousands of shooting enthusiasts and over 40 shooting sports clubs. In both groups, the question of why night vision devices are banned is a recurring topic of discussion. This issue has caused particular distress amongst hunters. Unfortunately, in these discussions, no one has been able to give a concrete answer as to why night vision devices are banned in Estonia.<\/p>\n

As laws in the Republic of Estonia are enacted by the Riigikogu, one should look to the Riigikogu\u2019s archives to determine the arguments on which the ban on night vision devices in civilian use is based.<\/p>\n

What is a night vision device?<\/h2>\n

Under current legislation, a night-vision device a device designed for aiming in low light conditions, equipped with an image intensifier or electronic amplification<\/em>. As the definition of a \u2018law-abiding citizen\u2019 may be unclear to someone unfamiliar with the subject, let us take a moment to look at what a night-vision device actually is.<\/p>\n

Firstly, it is important to distinguish between standard night vision devices and thermal imaging devices. Whilst a night vision device, as the name suggests, is designed specifically for use in twilight and in the dark, a thermal imaging device can also be used during the day.<\/p>\n

Night vision<\/h3>\n

Night vision devices<\/strong><\/a> They were first used during the Second World War. Their use became widespread during the Vietnam War. Night-vision devices amplify light reflected from an object, with visible light having a wavelength of 380\u2013700 nm and near-infrared radiation having a wavelength of 700\u20131300 nm. The image obtained with a night vision device is monochromatic, usually in shades of green, as the human eye distinguishes shades of green best. Night vision devices can be either active or passive. Active devices use an infrared light source, the light from which is reflected back from objects. Passive devices do not have an infrared light source and instead amplify the light that is already present. Newer-generation night vision devices use a photomultiplier tube, which produces a much sharper image.<\/p>\n

\"Pulsar<\/a><\/p>\n

Pulsar Digex N450 Night Vision Device<\/em><\/span><\/p>\n

\"Screenshot<\/a><\/p>\n

Screenshot of the Pulsar Digex N450 night vision device<\/em><\/span><\/p>\n

Thermal sight<\/h3>\n

Thermal imaging cameras<\/strong><\/a> are passive devices; they do not contain an infrared light source and detect infrared radiation in the range of 3,000\u201330,000 nm. In terms of how it works, a thermal camera is similar to a standard infrared thermometer, with the difference being that, instead of a single sensor, the camera has a sensor array, or thermosensor. The more elements there are per unit area of the matrix (sensor), the sharper the image. Unlike a night vision device, a thermal sight can also be used during the day. For example, in daylight, a thermal sight makes it easy to distinguish an animal from its surroundings that has blended into the landscape and is invisible to the naked eye. In countries where night vision devices are permitted, thermal imaging devices are used during the day to hunt animals that are hiding in scrub or grass and which, as a result, cannot be distinguished from their surroundings at all, or at least not clearly, with the naked eye.<\/p>\n

\"Pulsar<\/a><\/p>\n

Pulsar Thermion 2 thermal imaging scope<\/em><\/span><\/p>\n

\"Screenshot<\/a><\/p>\n

Screenshot of the Pulsar Thermion 2 thermal imager<\/em><\/span><\/p>\n

Night vision and thermal sights are specially designed for use with firearms and to withstand the recoil-induced shocks caused by firing a firearm.<\/p>\n

Now that we have a general idea of what night-vision goggles are, let us return to our original question \u2013 under what circumstances has the legislator prohibited the use of night-vision goggles?<\/p>\n

Night vision and legislation<\/h2>\n

We are interested in finding out when night vision devices first appeared in legislation, in order to determine the circumstances under which the Riigikogu banned them.<\/p>\n

The first Firearms Act was adopted on 28 June 1995 (initiated on 27 March 1995, RelvS 30 SE<\/a>). The Weapons Act was completely overhauled following a draft bill introduced on 10 January 2000 (Weapon 266 SE<\/a>), which was adopted by the Riigikogu on 12 June 2001 and came into force on 1 January 2002.<\/p>\n

It appears that the term \u2018night sight\u2019 is absent from the 1995 version of the Weapons Act and only appears for the first time in the 2000 draft. Previously, the term \u2018night sight\u2019 had been defined in much more general terms. Specifically, the 1995 version of the Weapons Act (\u00a7 3) stipulated that accessories intended for fitting to firearms are classified according to their purpose as follows: 1) optical and laser sights; 2) night-vision equipment<\/em>; 3) silencers. The same version also contains the clause: \u201cNight-vision devices and silencers are not permitted for civilian use among firearm accessories\u201d. Furthermore, the Penal Code was amended in this version such that the unlawful carrying, possession, acquisition, manufacture, sale or transfer of night-vision devices became a criminal offence.<\/p>\n

The explanatory memorandum to the draft bill at the time is exceptionally brief and contains no explanation as to the circumstances under which night-vision devices would be prohibited for civilian use.<\/p>\n

Taking into account the state of technology in the early 1990s, the availability of night-vision equipment, and also considering the situation at the time The composition of the 8th Riigikogu<\/a>, then one can be fairly certain that most of the MPs who voted in favour of the law had never actually seen night-vision devices with their own eyes, let alone used them. One can therefore assume that their understanding was based either on war films and science fiction films or on some Soviet-era stereotype. And, as we all know, the easiest thing to do is to ban things we don\u2019t understand.<\/p>\n

The term \u2018night vision device\u2019 first appeared in the draft Weapons Act in 2000, where, under Section 22(2)(1), it is defined as a firearm accessory designed for aiming in low light conditions, incorporating an image intensifier or electronic amplification<\/em>However, subsection 5 of the same section stipulated that the civilian sale of night-vision devices and silencers is prohibited.<\/p>\n

Unfortunately, the explanatory memorandum accompanying the draft bill is rather thin, and there is no detailed explanation of any of the provisions.<\/p>\n

It is therefore impossible to determine, with the benefit of hindsight, on the basis of which specific arguments night vision devices are prohibited for civilian use in the Republic of Estonia.<\/p>\n

Night Vision and the Riigikogu<\/h2>\n

That is how it is in the Riigikogu with regard to night-vision goggles<\/a> Complete silence until 21 September 2015, when MP U. Kaskpeit first mentions night vision goggles in connection with a parliamentary question regarding the spread of African swine fever in Estonia. In the parliamentary question Kaskpeit points out<\/a>: \u201cI know that in Latvia, the use of night-vision goggles was permitted and cold storage units were distributed to hunting clubs. To this day, nothing of the sort has been done here.<\/em>\u201d But that\u2019s as far as it goes.<\/p>\n

A few days later asks MP M. Helme<\/a> Regarding night vision devices in the first reading of the draft Hunting Act: \u201cWhen there was talk in the summer of amending the Hunting Act to make hunting easier and more effective, there was also talk of allowing hunters to use night-vision goggles and other equipment that is not currently permitted. As I understand it, this amendment to the law does not include these changes. Can you explain why?<\/em>\u201d. The then Minister for the Environment, M. Pomerants, replied: \u201cI can say this much: as far as I am aware, night vision devices have never been seriously on the table in the Estonian debate. In Lithuania, this debate is reportedly ongoing, although they are not legal there. Silencers, on the other hand, have been a topic of discussion. All hunters have supported this, but it requires an amendment to the Weapons Act, and the Ministry of the Interior has always held a different view. The Weapons Act is, so to speak, under the Ministry\u2019s purview. As regards silencers specifically, given the urgency with which the draft bill was initiated, we did not consider it justified to prolong the debate, but as far as I understand, the issue of night vision devices has not been seriously discussed even now.<\/em>\u201d<\/p>\n

Since then, there has been silence in the Riigikogu regarding night vision equipment for almost three years.<\/p>\n

On 8 February 2018, at a sitting of the Riigikogu, during which the second reading of the draft Act amending the Weapons Act and other related acts (494 SE) took place, asked, among others, MP M. Milling<\/a>: \u201c\u2026 It has already been mentioned here that a state which does not trust its own people is desperate to take their weapons away. If we look back at history, we know that this is exactly what happened following the June coup of 1940. The very first thing the Soviet authorities did was to swiftly confiscate weapons from the people. When we gained independence in the 1990s and began drafting our own laws, where did we find a model to follow? We adopted a great deal from the laws of the Soviet era. Similarly, everything to do with weapons has simply tagged along with us from the Soviet era. Unfortunately, we still unconsciously follow this Soviet-era mindset in some respects even today. As a legacy of the Soviet era, silencers, laser sights and night vision goggles are seen as something very, very criminal, because these items were, after all, used only by saboteurs from capitalist countries. But times have moved on and we should no longer demonise such technical devices. \u2026<\/em>\u201d<\/p>\n

During the third reading of the same bill on 14 February 2018 as mentioned by MP H. P\u00f5lluaas<\/a> and, in turn, night-vision goggles: \u201c\u2026 The use of silencers is now partially permitted, but in reality, laser sights and night vision devices are also issues that should be highlighted. There are many such issues. .<\/em>.\u201d<\/p>\n

The night-vision device is mentioned again in the Riigikogu on 15 January 2020 during the second reading of the draft act amending the Weapons Act, the State Fees Act and the Strategic Goods Act (transposition of the Firearms Directive) (62 SE) by a Member of Parliament By U. Tiidus<\/a>, who was also a member of the Legal Affairs Committee at the time: \u201c\u2026 As is well known, laser sights are currently permitted only for use in the relevant sport. Laser and night sights are prohibited for hunting, and they are, of course, also prohibited on weapons used for self-defence and the protection of property. \u2026<\/em>\u201d<\/p>\n

It is clear from the above that night vision goggles have never been the subject of a substantive and serious debate in the Riigikogu. Thus, night vision goggles have been banned for decades without any justification.<\/p>\n

Night vision and real life<\/h2>\n

To keep this discussion from becoming too lengthy, it makes sense to cover the practical aspects of night vision goggles in more detail in a separate article. The following, therefore, will be limited to just a few general points regarding night vision goggles.<\/p>\n

As mentioned above, the following qualify as night-vision devices in the eyes of the law thermos flask<\/a> It can also be used very effectively during the day. As such, a thermal sight is an indispensable tool for hunters, enabling them to accurately spot animals that blend easily into the natural background of the landscape. A thermal sight is also an indispensable tool in twilight and darkness, allowing for significantly more accurate aiming than an infrared sight. When hunting from a hide, you can never know for certain whether an animal will come within range in daylight, twilight or darkness. Thus, a thermal sight is practical not only at night but around the clock.<\/p>\n

It should not be forgotten that, in addition to hunting rifles, there are also tranquiliser guns, which are used to administer a dose of tranquilliser to an animal that needs to be tagged, have its health checked, receive veterinary care, or be moved safely to another area for its own safety and that of others. A thermal sight can also be an indispensable aid for this type of weapon.<\/p>\n

A night-vision or thermal sight enables the hunter to aim more accurately in difficult visibility conditions, which in turn means a more accurate shot. In the event of an inaccurate shot, the animal may escape wounded and be left to suffer in the wild. With a thermal sight, it is possible to distinguish very clearly which animal is present in limited visibility conditions and avoid shooting the wrong one. A thermal sight also makes it easy to see whether the animal was hit by the first shot or, if wounded, in which direction it is fleeing, allowing you to quickly fire a follow-up shot.<\/p>\n

In Europe, the use of night vision goggles is permitted in quite a number of countries, such as Austria, the Netherlands, Croatia, Luxembourg, Latvia, Norway, Poland, Sweden, Slovenia, Finland, Switzerland, Denmark, the Czech Republic, Hungary and some German federal states.<\/p>\n

As there are no longer any border controls within the EU, it is very easy to bring a night-vision device purchased in another EU country into Estonia; consequently, those who disregard the law \u2013 such as poachers \u2013 face virtually no obstacles to acquiring and using such devices.<\/p>\n

In Estonia, wild boar, raccoon dogs and mink may be hunted all year round, but the hunting season for most other animals and birds runs from August to March \u2013 that is, during the times of year when the days are short and daylight itself is rather dim. In such conditions, the use of night vision would be entirely justified, as the animals\u2019 movements mostly occur when it is twilight or even completely dark outside.<\/p>\n

As hunting quotas in Estonia are determined on the basis of scientific research and expertise\u2014a strictly regulated process\u2014the use of night-vision devices would not affect the hunting quota, but it would significantly improve the quality of the hunt.<\/p>\n

Many technological tools were originally intended solely for use by military and security forces, and were, in one way or another, either prohibited or unavailable for civilian use. For example, GPS, or global positioning, which was previously inaccessible to the general public, has now become completely commonplace and is built into almost every smartphone. Radio communication, too, was for a long time reserved for the military and police (the precursor to mobile communications). Similarly, technological progress has also taken place in night-vision and thermal imaging solutions, thanks to which they have become significantly higher in quality, yet at the same time many times cheaper, now falling within the same price range as various digital cameras.<\/p>\n

Summary<\/h2>\n

There is virtually no credible argument for banning night-vision devices for civilian use.<\/p>\n

One argument sometimes put forward is that night-vision goggles could fall into the hands of criminals; but if one were to follow that logic, one might as well ban mobile phones, as criminals can \u2013 and indeed do \u2013 use them too. What is more, criminals could purchase night vision goggles entirely legally in some EU countries and then transport them unhindered to any other EU country.<\/p>\n

Unfortunately, it is precisely honest, law-abiding hunters who stand to lose out most from the ban on night vision devices for civilian use.<\/p>\n

What do you think \u2013 should the use of night vision goggles be permitted in Estonia?<\/p>\n

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