Law clarification within 500 feet of building

[Mach]

This is what is in the hunting abstract:

Discharge of any firearm or release of any arrow upon or
across any state or hard-surfaced highway, or within 150
feet of any such highway, or possession of a loaded firearm,
discharge of a firearm, or hunting on the land of another
within 500 feet of any dwelling or building in use, except
as authorized by the owner or occupant thereof.

It says discharge of any firearm or release of any arrow within 150 feet of a road is illegal.

Then it says possession of a loaded firearm, discharge of a firearm or hunting on the land of another within 500 feet of any dwelling or building in use without permission.

Does this mean:
1. possession of loaded firearm on the land of another within 500 feet of a dwelling
2. discharge of firearm on the land of another within 500 feet of a dwelling
3. hunting on the land of another within 500 feet of a dwelling

or is it:

1. possession of a loaded firearm within 500 feet of a dwelling
2. discharge of a firearm within 500 feet of a dwelling
3. hunting on the land of another within 500 feet of a dwelling

and if I am on public land 200 feet from the road, but a house is across the street 400 feet from where I stand can I hunt, discharge a firearm or release an arrow?

I am confused with the way it is worded. Does anybody have a reference for what the law actually says?

What does "land of another" does that mean private land or does that mean any land I don't own including public land?

Thanks in advance. ETA spelling

 

[HTRN]

You scenario is illegal because you are within 500 feet of a dwelling without permission.

If you want to be closer than 500' while hunting, get permission, otherwise you will wind up in trouble.
You can hunt on land that you do not own if: it is NOT posted in anyway and you never are within 500' of a dwelling or occupied building. (This excludes the abandoned 50 year old tool shed)

Even if you are on your OWN property, you still need to be over 500' away from other dwellings before you fire.

If you need to pass within the 500' boundary, you MUST have your firearm unloaded.

 

[Mach]

You scenario is illegal because you are within 500 feet of a dwelling without permission.

If you want to be closer than 500' while hunting, get permission, otherwise you will wind up in trouble.
You can hunt on land that you do not own if: it is NOT posted in anyway and you never are within 500' of a dwelling or occupied building. (This excludes the abandoned 50 year old tool shed)

Even if you are on your OWN property, you still need to be over 500' away from other dwellings before you fire.

If you need to pass within the 500' boundary, you MUST have your firearm unloaded.

That is exactly what I always believed. So why does it say " on the land of another"? Has the law changed? Why the new wording?

 

[HTRN]

That is exactly what I always believed. So why does it say " on the land of another"? Has the law changed? Why the new wording?

Good q.

I don't know if that phrase effectively changes any part of the law.

Edit: the MGL says the same thing.

It is necessary, to include hunting with any type of weapon, not just firearms.


So basically the following is illegal while hunting:
1) Release or discharge of an arrow across a highway or within 150' of a highway (Highway basically means an improved road vs a cart path)
2) Having a loaded firearm within 500' of an occupied (not abandoned) dwelling or building
3) Discharge of a firearm within 500' of an occupied dwelling o building (this seems redundant after #2)
4) Hunting in general within 500' of an occupied dwelling if not on your land.

The 500' rule can be over written with permission of occupant of the dwelling.

Hopefully this clears things up.


One more thing, to legally prohibit hunting on your property, you only need one sign saying the same and your name. Per the MGLs...

 

[Mach]

Thanks for the replies.

I know this awesome duck hunting spot on conservation land where there are a couple of spots only about 30 feet wide where I am 500' from all the houses and a safe direction to shoot, based on laser range finder and google earth. Technically it's legal, but it's down to a nats ass on the 500 foot range thing. It would be a great place to hunt ducks with a bow, but it's not worth the hassle if questioned. I was hoping the law had changed.

There are so many good duck hunting spots on conservation land that have been ruined simply because somebody built a house on private property and now that house is within 500 feet of the shooting areas with the shooting in the safe direction. 500 feet is a long way.

 

[edin508]

I wonder if they are making it easier to shoot vermin on your property? Some people do live in places where they could fire the .22 off the back porch without worry of hitting a neighbor.

 

[HunterDan]

NOguys it can be a cow path,last year was on my bass boat bowfishing .with my bro,epo was on the causeway waiting for us.to pull in only to give an A## chewing about.being to close to the road.finded Ted 50.00.for not in his pfd.

 

[Custom Buck]

That is exactly what I always believed. So why does it say " on the land of another"? Has the law changed? Why the new wording?

Assachusetts wants to make all laws that has to do with firearms/hunting as confusing as possible. Why? Couldn't answer you that, I guess maybe the politicians are on their own schedule? Nahhh, can't be, their here for us! Hmmmm

 

[Talon3]

PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGSIN CRIMINAL CASES
TITLE I. CRIMES AND PUNISHMENTS
CHAPTER 269. CRIMES AGAINST PUBLIC PEACE
TAMPERING WITH IDENTIFYING NUMBERS OF CERTAIN FIREARMS
Chapter 269: Section 12E. Discharge of a firearm within 500 feet of a dwelling or other building in use; exceptions

Section 12E. Whoever discharges a firearm as defined in section one hundred and twenty-one of chapter one hundred and forty, a rifle or shotgun within five hundred feet of a dwelling or other building in use, except with the consent of the owner or legal occupant thereof, shall be punished by a fine of not less than fifty nor more than one hundred dollars or by imprisonment in a jail or house of correction for not more than three months, or both. The provisions of this section shall not apply to (a) the lawful defense of life and property; (b) any law enforcement officer acting in the discharge of his duties; (c) persons using underground or indoor target or test ranges with the consent of the owner or legal occupant thereof; (d) persons using outdoor skeet, trap, target or test ranges with the consent of the owner or legal occupant of the land on which the range is established; (e) persons using shooting galleries, licensed and defined under the provisions of section fifty-six A of chapter one hundred and forty; and (f) the discharge of blank cartridges for theatrical, athletic, ceremonial, firing squad, or other purposes in accordance with section thirty-nine of chapter one hundred and forty-eight.

There is no land of another designation under 296 12E. All you need is written permission from the owner or occupant of the person inside the dwelling. If the building is not occupied you could stand next to it and shoot.

However under hunting laws

PART I. ADMINISTRATION OF THE GOVERNMENT

TITLE XIX. AGRICULTURE AND CONSERVATION
CHAPTER 131. INLAND FISHERIES AND GAME AND OTHER NATURAL RESOURCES
Chapter 131: Section 58. Shooting upon or across highway; hunting near dwelling

Section 58. A person shall not discharge any firearm or release any arrow upon or across any state or hard surfaced highway, or within one hundred and fifty feet, of any such highway, or possess a loaded firearm or hunt by any means on the land of another within five hundred feet of any dwelling in use, except as authorized by the owner or occupant thereof.

If you are hunting 131 58 applies
if not hunting 269 12E applies
at least thats the way its supposed to be

The land of another is because there are different provisions for hunting on your land, hunting on unposted land not owned by you, hunting on posted land with written permission, hunting on posted property without permission, hunting on public property such as state parks, forests or conservation or town property.
Either way if you have written permission on your person to show the responding officer you can be next to an occupied building. If the building is unoccupied it doesn't matter as the law does not apply. The 150 foot roadway will probably be determined to apply by the responding officer in either case, hunting or not. Even though it only appears in the hunting section 131 58.

Also State Parks, Forests rules are under CMR 304.12.18
No target shooting in any DCR property under CMR 304.12.19

CMR 304.12.18(e) All hunters are required to register upon entering the park.

Anyway thats my interpretation of it. Others may interpret it differently.
Stay Safe.