Yeah it gets locked in the down position sometimes. I've duplicated it with the tracking and head windows open... happens when one or two of the dots are below the TIR's field of view. I just look down [further] and it seems to clear it. Doesn't happen in combat, only if i drop a pretzel or something.
Rush, hehe sure. I guess more like panic

I have a bad habbit of disabling it moments before engaging (for old gunnery). Felt like I was putting on a blindfold at first. You gotta work through the transition though.. I've improved a ton since I started, but I have a ways to go.