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MA law and shooting gray squirrels with pellet gun

R

rkd80

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Hey guys,

I know there a few threads on this subject, but they are kind of old and inconclusive. I live in Waltham, MA and the yard is overrun with grays. They destroy the herbs, chew through the weather boxes and reasonably sure they get into the attic. I have a Gamo Varmint Rifle and would like to get rid of them. There are three pieces of information from MA that seem to support this being legal, but calling Waltham police has yielded nothing but frustration. "You just can't, but I don't know why" was an actual response uttered by the officer in charge of licenses.

First law: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter131/Section37
This implies that killing mammals on one's yard is legal.
Second law: https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter269/Section12B
This outlines air files and where they can be used. I see nothing that prevents me from shooting in on my premises. The 500ft law applies to firearms, but air rifles are not firearms since we can purchase them freely without any license.
Third "rule": https://www.mass.gov/doc/living-with-squirrels-fact-sheet/download
This is from mass wildlife and at the bottom they outline 'lethal removal' where they suggest we can do so, even suggesting shooting.

So using these 3 pieces of evidence, it seems like this should be perfectly legal and yet...I am being told "you just can't" - even threatening to jeopardize my other license on the grounds of suitability.

My question: What can I do to convince the Waltham PD that in the event a neighbor freaks out, this is perfectly legal and to leave me alone?
 
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When I grew up my neighbor had some kind of nut trees and was constantly plagues by squirrels. He would be outside and I would be enthralled when he would pull out some ancient BB/Pellet gun and shoot the squirrel. Eventually one day he did give me a tail since I always asked for one. Me personally I don't care what my neighbor does. I know one of my neighbors had a problem with woodchucks and took one out with a bow and arrow and all I could think was "man that was a nice shot". If your neighbors are hoplophobic idiots then you have my sympathy. Either take care of your problems early in the morning or late at night. Most hoplophobes are cowering under the covers watching CNN at that time anyways.
 
rkd80 said:
Second law: https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter269/Section12B
This outlines air files and where they can be used. I see nothing that prevents me from shooting in on my premises. The 500ft law applies to firearms, but air rifles are not firearms since we can purchase them freely without any license.
Click to expand...


The definition of “firearm” varies wildly depending on exactly which part of the MGLs you’re looking at.

ETA: I can’t say that air rifles DONT meet the definition of “firearm” as defined in 140MGL121, which is what’s referenced I. 269MGL12E (discharging a firearm within 500ft),but the fact that they have their own rules laid out in 269-12B makes me believe that 12E doesn’t apply.
 
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I live in a town right on 128 and 95. My neighbor told me that he used to shoot the rabbits with a .22.

Then a cop bought the house behind his and he had to stop.
 
rkd80 said:
Hey guys,

I know there a few threads on this subject, but they are kind of old and inconclusive. I live in Waltham, MA and the yard is overrun with grays. They destroy the herbs, chew through the weather boxes and reasonably sure they get into the attic. I have a Gamo Varmint Rifle and would like to get rid of them. There are three pieces of information from MA that seem to support this being legal, but calling Waltham police has yielded nothing but frustration. "You just can't, but I don't know why" was an actual response uttered by the officer who in charge of licenses.

First law: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter131/Section37
This implies that killing mammals on one's yard is legal.
Second law: https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter269/Section12B
This outlines air files and where they can be used. I see nothing that prevents me from shooting in on my premises. The 500ft law applies to firearms, but air rifles are not firearms since we can purchase them freely without any license.
Third "rule": https://www.mass.gov/doc/living-with-squirrels-fact-sheet/download
This is from mass wildlife and at the bottom they outline 'lethal removal' where they suggest we can do so, even suggesting shooting.

So using these 3 pieces of evidence, it seems like this should be perfectly legal and yet...I am being told "you just can't" - even threatening to jeopardize my other license on the grounds of suitability.

My question: What can I do to convince the Waltham PD that in the event a neighbor freaks out, this is perfectly legal and to leave me alone?
Click to expand...

Some pellet rifles are quieter than others. Use one of those. I have neighbors on 2 sides of me that are "those kinds of people", and what once was an out of control squirrel / chipmunk problem. .25 cal ~600 fps fixed that. Sounds like a clap.

Also, I'm sure you'll get beat over the head with this but... why the hell would you ask the cops? They are in general less versed in those laws than the collective "we" (NES) are.
 
Cur, I thought the Garmint was actually considered 'quiet', but then again 1400 FPS will probably raise suspicion. I have tons of .177 pellets, maybe I can get something quieter?

I asked them because I was forced into the situation, I tried to do it the other way: Read on the rules, makes sure I am good and proceed...but got threatened by 'one of those kinds of people' so here we are :-/ Now, before I proceed I would like to be cleared by the Waltham PD to proceed - is this a futile endeavor?
 
rkd80 said:
Hey guys,

I know there a few threads on this subject, but they are kind of old and inconclusive. I live in Waltham, MA and the yard is overrun with grays. They destroy the herbs, chew through the weather boxes and reasonably sure they get into the attic. I have a Gamo Varmint Rifle and would like to get rid of them. There are three pieces of information from MA that seem to support this being legal, but calling Waltham police has yielded nothing but frustration. "You just can't, but I don't know why" was an actual response uttered by the officer who in charge of licenses.

First law: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter131/Section37
This implies that killing mammals on one's yard is legal.
Second law: https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter269/Section12B
This outlines air files and where they can be used. I see nothing that prevents me from shooting in on my premises. The 500ft law applies to firearms, but air rifles are not firearms since we can purchase them freely without any license.
Third "rule": https://www.mass.gov/doc/living-with-squirrels-fact-sheet/download
This is from mass wildlife and at the bottom they outline 'lethal removal' where they suggest we can do so, even suggesting shooting.

So using these 3 pieces of evidence, it seems like this should be perfectly legal and yet...I am being told "you just can't" - even threatening to jeopardize my other license on the grounds of suitability.

My question: What can I do to convince the Waltham PD that in the event a neighbor freaks out, this is perfectly legal and to leave me alone?
Click to expand...

Even though it is legal you are never going convince the CPO that it is. His/her mind is made up.

Comitting a hunting offense with a firearm, yes I know that an air rifle it isn’t a firearm, is technically a crime while using a firearm and can result in the Chief revoking your permit.

I wouldn’t do it on a bet at this point. It will be nothing but trouble when a neighbor freaks out and calls 911.

If you want to eat them go to a proper place and hunt them.

If you are having a problem with them trap them in a Haveaheart trap and dispatch them. I would suggest releasing them it the CPO’s neighborhood but it’s illegal to trap wild life and release the critters anywhere other than the property where they were trapped. This is to control the spread of disease.

Bob

The obligatory ......
 
As long as you have your hunting license, it should be perfectly fine, but you do have to be far enough away from your neighbors house or have their permission. They do have to be in season or your poaching which could land you in trouble with the environmental police. They can be quite tasty and are a game animal so don't be a dick and waste them, at least give them to someone who will use them. Use a pellet gun that is subsonic so it doesn't have that loud crack. If you don't have your hunting license and live close to neighbors that object than your only legal option is to call a licensed wildlife removal guy and have him trap them.
 
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i don't want my neighbors to know shit. i don't trust the church lady either. i snipe out the window at the f***ers. i choose my hide, setting up about 5 feet from my opening so no busy body can spot me and do a 911 call. when i was younger i used my dining room table as a platform laying on top of it. now i'll never get up off it so i have to improvise.
rkd80 said:
What can I do to convince the Waltham PD that in the event a neighbor freaks out, this is perfectly legal...
Click to expand...
well dang, just show 'em this post you put up! that ought to convince them.
 
Looks like if it is kosher if you A) own the land and B) are in your zone's open season on gray squirrels. If you're in Zone 10, then that's Columbus day to New Years.

Gray squirrel hunting regulations

Before you go hunting for gray squirrel, be sure you know the rules.
www.mass.gov www.mass.gov
).

Otherwise, MA will force you to write in for an off season permit granted at the discretion of whatever office sees hunting permits, even on your own land and even considering 131/37, from what I gather. This state.....
 
rkd80 said:
Cur, I thought the Garmint was actually considered 'quiet', but then again 1400 FPS will probably raise suspicion. I have tons of .177 pellets, maybe I can get something quieter?

I asked them because I was forced into the situation, I tried to do it the other way: Read on the rules, makes sure I am good and proceed...but got threatened by 'one of those kinds of people' so here we are :-/ Now, before I proceed I would like to be cleared by the Waltham PD to proceed - is this a futile endeavor?
Click to expand...

I hear ya, shitty neighbors are the worst. I've many time wanted to tell them where to stick their nosy ass opinions, but, I don't need the hassle in this state.

In regards to pest control, all you really care about it delivering enough energy for a humane kill. IIRC it's around ~15J of energy. A larger caliber pellet (heavier) will need less FPS to achieve this. Better pellet rifles will be able to tune this velocity, but then you're veering down the rabbit hole, and nice stuff gets $$$ quick, but, in cases like ours, it can keep things quieter and allows you to fly under the radar a little better, which is why I run .25. I even looked into .30 cal rifles but over .25 prices go up pretty quickly, and for raccoon and under sizes, .25 is plenty.

The speed of sound is ~1125 fps give or take for air density / temp / elevation, and that's a bunch of excess noise. Also, I'm assuming you have a spring / pistol break barrel? They can be very finicky with ammo and how you hold them, giving them accuracy that can change per shot.

Here's a handy link for a good calculator for figuring how much energy you have at the muzzle (or down range, if you have a chrono)
 
weight them down and bait them. Squirrels, Chipmumks and Mice go elsewhere to die....

Very quiet and you only find a carcass once in a while.

you have to get the ones for rates or the squirrels and chipmunks can't get in and out again.

It takes a little time but it works. A friend told me.

Solutions Anchor Rat Bait Station | Solutions Pest & Lawn

SolutionAnchor Rat Bait Station is an effective tool for the control of rodents outside of homes, warehouses and other structures.
www.solutionsstores.com www.solutionsstores.com
 
robjax said:
I live in a town right on 128 and 95. My neighbor told me that he used to shoot the rabbits with a .22.

Then a cop bought the house behind his and he had to stop.
Click to expand...

My wife's uncle grew up in Easton. He joined the Navy in the early 60's and moved away. Came back in the late 90 to help take care of his dad. Eventually bought his own house in town.

There was this woodchuck eating his flowers or something. So one morning. BLAM! Shotgun.

30 min later, knock on the door. Poe-Lease.

"Sir, did you hear the discharge of a firearm?"

"HEARD??? That was that damned woodchuck. I got him good." ROFL!!!

He knew someone from way-back in the police department so nothing ever got written up. He got to keep his gun. He laughed his ass off for years on that one. "Imagine. When I left this town there wasn't but 100 houses. What the hell happened to people?" LOL


Honestly - sort of a douchy move by the neighbor, but most Northeast neighbors these days are nervous nellies. (See: # of fireworks complaints 2020.)
 
rkd80 said:
Cur, I thought the Garmint was actually considered 'quiet', but then again 1400 FPS will probably raise suspicion. I have tons of .177 pellets, maybe I can get something quieter?

I asked them because I was forced into the situation, I tried to do it the other way: Read on the rules, makes sure I am good and proceed...but got threatened by 'one of those kinds of people' so here we are :-/ Now, before I proceed I would like to be cleared by the Waltham PD to proceed - is this a futile endeavor?
Click to expand...

Don't get the Man involved. Snipe from your house. Shoot, shovel, shut up. My Paslode nail gun is way louder than my Gammo pellet rifle.
 
As @Rob Boudrie pointed out in another thread:
"Departments often have good data management/record keeping systems. When I apply in my town, I expect the licensing officer will pull up all calls for service involving my address, as well as anything with my name in the report - including stuff as innocuous as my asking them to check out suspicious activity or reporting a hit & run in front of my house. I don't want extra stuff about interpersonal confrontations in that data pull even if I was in the right. Sometimes it is best to get lost in a crowd of one (a/k/a be the gray man)."

I have never called the police to find out if something was legal, but now I won't for sure. Dead squirrell shows up w/ a hole in it on neighbors porch, or worse it's still flopping around, next thing you know...

Trap 'em, dunk 'em and be done w/ 'em. And, in case you're thinking about it, the Squirrelinator trap is useless, they get in and out of it at will Rugged Ranch Squirrelinator Trap Only SQRTO
 
Alright, thanks guys. Really appreciate the insight. Looks like I will be trapping the squirrels instead, because it is just so much quieter. Kind of a bummer that I can't really use the Gamo Varmint rifle at all, unless I want to shoot it from my house - which is very impractical for all sorts of logistical reasons.

Very frustrating that we must justify what we do on our own property, especially when these same people have 0 objections to killing the squirrels as they all collectively respond with "hire an exterminator". Clearly this has nothing to do with the poor furry squirrel dying and all about the means. Baffled by the stupidity.
 
Cur said:
I hear ya, shitty neighbors are the worst. I've many time wanted to tell them where to stick their nosy ass opinions, but, I don't need the hassle in this state.
Click to expand...

I heard this story once, but it wasn't me. It was definitely someone else.

Anyway, this guy's dog found a nest of squeaky toys. Turns out they were baby rabbits. Guy grabs a .22 revolver, loads up a CB short, and put's the squeaky toy out of its misery.

A few minutes later, dog shows up with another. Guy dispatches that one too.

And another.

Guy's next door neighbor recently moved in. Gay man with husband and two children. Biden sign on front lawn and rabid anti-Trump posts on facebook.

Neighbor asks guy what he's shooting at. Guy explains that he's putting down wounded rabbits.

Trump hating, Biden loving, gay guy says "Kill them all"
 
First stop asking the cops for anything. They probably don't know and the answer is always no anyways. Then got the quietest pellet gun that you can. Right now I have a break open "suppressed" 22. I shoot groundhogs from inside my office window. Shot placement is key. I don't want any issues with my neighbor's. My biggest concern is when I shoot them they don't die right away and go off into my neighbor's yard and die. In the future I will be getting a 22pcp gun. Make sure you have a safe backstop as always. What can work is set up bait in front of a safe backstop and eventually you will kill enough of them that their numbers start going down. Not sure if that makes sense I'm way down on caffeine today.
 
Buck Faker said:
May have to try that. I get them on my roof and then they get in the attic, could mount this on one of the dormers
Click to expand...
Patrick M said:
That thing is awesome👍 GD tree rats
Click to expand...
I searched for the A18 and can't find it for sale anywhere in the US. The smaller one, A24 was >$200.00 when I found it for sale via my search. Ouch!
 
Len-2A Training said:
I searched for the A18 and can't find it for sale anywhere in the US. The smaller one, A24 was >$200.00 when I found it for sale via my search. Ouch!
Click to expand...

Yeah, I saw that. I'm already into those little f***ers for a few grand between exterminators, traps that don't work & redoing the fascia woodwork & the dormers.
 

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