Again, if your in doubt, ask the DNR to email you their take on it.
Print it out like i did in NB Canada.
I had a DNR official come into our camp. He didn't say a word about the scope, and back then it was the huge ATN 4k.
But it sure felt good knowing i had that printout just in case

 

I sort of doubt they are laughing about it seeing how all but 1 of them said it would be legal to use. 4 or 5 said yes and 1 said no.
It will take a court case to settle it I suspect.