It's elsewhere in the regs that it goes into more detail and uses wording about a targeting device that projects a beam - I'm packing to go away for the weekend, I'll look it up Monday.
In the meantime, if your 100% certain you can convince a Game Warden that your only hunting non protected game with a lazer on the gun, ok, good luck.
If it was me, the scope is perfectly exceptable to do the job and it passes legally. I'd rather spend my time hunting instead of trying to convince a Game Warden that I was only hunting non protected game. If you don't want to have to remount it, at least disable it, like leave the battery home, and then you may stand a better chance of convincing them if a Game Warden shows up.
Paul.