I would say you're ok, but I'm not an EPO. Thermal has nothing resembling an artificial light unless the display on the eyeball end is interpreted as one, 9mm fits inside ' chambered not larger than .38 caliber ' I think. My solution is a Contender pistol in 22 TCM with a 2-7 pistol scope. Illuminated reticle, as well - if EPOs think thermal is artificial light than I should be screwed, too.
I'm not as confident that an EPO wouldn't write the ticket - sometimes the process is the punishment. Depends on the officer.
yeah that was my point. as there is no such thing as a cartridge chambered for a caliber. the law essentially makes 0 sense... they are going to be reluctant to write up anything close IMO after talking to a handful about it. now if you shooting something obnoxious, well then that's on you i suppose, but i'd bet there is a lot of leeway w/ pistols calibers and night hunting.