Open display of a loaded rifle on your own property

[Toast]

Among the things I know that you can't do in Massachusetts are openly carrying an uncased rifle with or without ammunition on a public way, firing a rifle or other firearm within 150 feet of a road or 500 feet of an occupied house, carry a loaded rifle within 150 feet of a road while hunting (although this seems to be more a position of the EP than the law), transport a rifle with or without ammunition in your car without a locked case or in the trunk, and so on.

However, one thing I don't know is if you can sit openly on your property with a loaded rifle regardless of the distance from the street.

Note that I'm not asking if you should. In much of the state you would be asking for a visit from the police and a likely "unsuitable" rating from the chief the next time you come up for renewal.

I'm just curious if you can do so legally.

 

[swatgig]

Assault with a dangerous weapon (ADW) is any act, involving a dangerous weapon, that places someone in fear. Some poor SOB was convicted because he opened his jacket, showing the "victim" his holstered gun.

When Karen runs to the police and says you pointed your rifle at her, you're going to jail, and in this climate, you'll be held as dangerous (cuz gunz).

In my opinion, the mere display of a long gun on your property breaks no laws. If you point it at someone, that's ADW.

My advice has always been "Your opponent should first learn you have a gun when he hears the bang"

 

[MisterHappy]

AFAIK, it's not unlawful.

IANAL

I see no real benefit from doing it, if you have neighbors; less so if you have twitchy neighbors.

I'd not do it, just as my cars are "clean" WRT 2A signage (or anything else, for that matter.

 

[MisterHappy]

My advice has always been "Your opponent should first learn you have a gun when he hears the bang"

So you think that sub-sonic ammo is the way to go?

 

[swatgig]

So you think that sub-sonic ammo is the way to go?

Nah. He won't be dead by the time the sound follows the bullet. Remember the studies showing that Frenchmen executed by guillotine were responsive for 30 seconds? He'll hear it.

 

[desertr8der]

Sit inside your house on the nice comfy chair looking outward while "cleaning" your weapon. I think you'd get buried if someone called pd on you n you were outside.

 

[Wickedcoolname]

I guess I'm a criminal. Every deer season I sling my shotgun over my shoulder and walk about a quarter of a mile down my road and head into my hunting spot.

 

[MisterHappy]

I guess I'm a criminal. Every deer season I sling my shotgun over my shoulder and walk about a quarter of a mile down my road and head into my hunting spot.

No, you're lawfully engaged in hunting. That's specifically called out as being OK, in the MGLs.

 

[Toast]

No, you're lawfully engaged in hunting. That's specifically called out as being OK, in the MGLs.

The EP interpret it as being lawfully engaged in hunting only if the shotgun is unloaded while you're on or within 150' of the road. Yes, the law doesn't read that way, but that's apparently the way they treat it.

 

[MisterHappy]

That's correct. Wicked did not specify whether he was loaded, or unloaded, while he was walking, shottie slung. I believe that he's acting within all laws, unless there's evidence to the contrary.

IIRC, this was discussed in another thread (the EPO's interpretation).

The "hunting within 150'" rule is something that every EPO that's come through Hunter Ed classes has covered, in detail.

That said, the current version of the abstracts say that's it's lawful to carry a loaded long gun, ON a road, if you have a hunting license, and are hunting. Good thing they have a disclaimer saying that what's in the book, is not the law, itself.

Carrying rifles and shotguns on public ways while hunting

You can carry a loaded or unloaded rifle or shotgun upon or across a public way if you are engaged in hunting and hold a valid hunting license. You do not need a trigger lock on the rifle or shotgun provided you are engaged in hunting and have a valid hunting license.
NOTE: You shall not possess or discharge a loaded rifle or shotgun within 500 feet of a building or dwelling in use without the owner or occupant’s permission. Also, you shall not discharge a rifle or shotgun upon or across any state or hard surfaced highway or within 150 feet of a highway.

Gun ownership in Massachusetts

Massachusetts residents 15 years and older who wish to possess, carry, and transport firearms, ammunition, and feeding devices are required to have a firearms license. Firearms licenses are issued by municipal police departments.

www.mass.gov

Since it mentions a trigger lock, which is not relevant for transport, only storage, it seems that whomever crafted and edited that passage was not well versed in the details.

I'd not do it, regardless of what the Abstracts say. YMMV

 

[MisterHappy]

Nah. He won't be dead by the time the sound follows the bullet. Remember the studies showing that Frenchmen executed by guillotine were responsive for 30 seconds? He'll hear it.

What if you shoot him through the ears?

 

[AHM]

... the current version of the abstracts say that's it's lawful to carry a loaded long gun, ON a road, if you have a hunting license, and are hunting. Good thing they have a disclaimer saying that what's in the book, is not the law, itself.

Carrying rifles and shotguns on public ways while hunting

Since it mentions a trigger lock, which is not relevant for transport, only storage, it seems that whomever crafted and edited that passage was not well versed in the details.

Whether it's longarms, archery, or kayak galley fire protection,
never confuse some stupid Fish and Game pamphlet for the text of actual laws.

Never confuse some stupid Fish and Game pamphlet for the text of actual laws.

 

[greencobra]

I'm just curious if you can do so legally.

i think they call it "brandishing" now.

 

[slugworth]

Got him arrested


View: https://twitter.com/ahernandez85b/status/1306073474289590273?s=20

 

[AHM]

Got him arrested

You buried the lede.



Note well: one can't distinguish between...

1. "BLM-besieged Trump supporter arrested for being seen readying a gun inside his house"

-and-​

2. "Trump supporter swatted by false BLM claims of being seen readying a gun inside his house"

...merely because someone claims #1 on Twitter.

 

[slugworth]

You buried the lede.



Note well: one can't distinguish between...

1. "BLM-besieged Trump supporter arrested for being seen readying a gun inside his house"

-and-​

2. "Trump supporter swatted by false BLM claims of being seen readying a gun inside his house"

...merely because someone claims #1 on Twitter.

Yes, I realize that after I posted it

 

[AHM]

Yes, I realize that after I posted it

Sorry to bitch atcha.
But I was consumed with self-doubt
when I couldn't figure out what outrage was involved.

Outrage-tracking is more than a full-time job these days,
and it's impossible to keep up; sigh.

ETA: But I award an extra bonus point because
the story actually involves the word "brandishing".

 

[slugworth]

Sorry to bitch atcha.
But I was consumed with self-doubt
when I couldn't figure out what outrage was involved.

Outrage-tracking is more than a full-time job these days,
and it's impossible to keep up; sigh.

ETA: But I award an extra bonus point because
the story actually involves the word "brandishing".

No worries at all

 

[Drix]

Isn't there a court case that establishes that if you're legally possessing a firearm in MA and Karen goes batshit crazy because she spotted it and causes a scene you're not liable?

 

[AHM]

Isn't there a court case that establishes that if you're legally possessing a firearm in MA and Karen goes batshit crazy because she spotted it and causes a scene you're not liable?

"Liable"?
Karen can probably sue you for one million dollars and win.

But...

Commonwealth v. Couture, 407 Mass. 178 (1990)

... The mere possession of a handgun was not sufficient to give rise to a reasonable suspicion that the defendant was illegally carrying that gun, ...​

Commonwealth v. Alvarado, 423 Mass. 266 (1996)

Our cases have not yet declared reasonable suspicion warranted simply on a report of gun possession just because this country has problems with the unlawful use of guns.​

 

[whacko]

That's correct. Wicked did not specify whether he was loaded, or unloaded, while he was walking, shottie slung. I believe that he's acting within all laws, unless there's evidence to the contrary.

IIRC, this was discussed in another thread (the EPO's interpretation).

The "hunting within 150'" rule is something that every EPO that's come through Hunter Ed classes has covered, in detail.

That said, the current version of the abstracts say that's it's lawful to carry a loaded long gun, ON a road, if you have a hunting license, and are hunting. Good thing they have a disclaimer saying that what's in the book, is not the law, itself.

Carrying rifles and shotguns on public ways while hunting

You can carry a loaded or unloaded rifle or shotgun upon or across a public way if you are engaged in hunting and hold a valid hunting license. You do not need a trigger lock on the rifle or shotgun provided you are engaged in hunting and have a valid hunting license.
NOTE: You shall not possess or discharge a loaded rifle or shotgun within 500 feet of a building or dwelling in use without the owner or occupant’s permission. Also, you shall not discharge a rifle or shotgun upon or across any state or hard surfaced highway or within 150 feet of a highway.

Gun ownership in Massachusetts

Massachusetts residents 15 years and older who wish to possess, carry, and transport firearms, ammunition, and feeding devices are required to have a firearms license. Firearms licenses are issued by municipal police departments.

www.mass.gov

Since it mentions a trigger lock, which is not relevant for transport, only storage, it seems that whomever crafted and edited that passage was not well versed in the details.

I'd not do it, regardless of what the Abstracts say. YMMV

Where did you get the quote that says may not POSSESS a rifle or shotgun within 500 feet of a dwelling? Reason I ask is where I hunt public land in zone 9 I enter the woods from the public road....on public land.....but I pass within 500 feet of a house. I make sure not to be loaded when I pass into the woods by that house but I am in posession of a fire arm within that 500 feet. This is a situation where a woman owns land that juts into wma property and the only way to enter is to walk behind her house (while on public land not hers) but it is only about 200 feet from her home. She has stopped me and told me I can't hunt within 500 feet of her house and I told her politely I'm not hunting my gun is unloaded and I'm just walking on wma property. She accepted that answer but now I'm wondering if I'm in the wrong.

 

[Paul455]

Depends on your neighbors.

If you have douchebag neighbors, one of them will call the popos.

 

[whacko]

Sit inside your house on the nice comfy chair looking outward while "cleaning" your weapon. I think you'd get buried if someone called pd on you n you were outside.

Had something similar happen. I was cleaning my shotgun in my garage in September when it was hot out. Wife hates the smell of hoppes (I know I love it but that's another argument). I was cleaning it on a flooding table in the middle of my garage.....door open.....neighbor straight accross the street came home.....looked at me......shook his head and walked into his house. I continued to clean my shotgun. 10 minutes later a cruiser pulled up in front of my driveway......rolled the window down and said "your just cleaning it right"? I said yes......did he call you? He shrugged his shoulders and smiles and drive away. My neighbor amd I don't talk much lol

 

[June4th]

Tactically speaking, nobody should see your silhouette holding a rifle, loaded or not. I watch enough movies to know that when you see first sign of trouble, drop window shades and turn off lights.

 

[Toast]

Where did you get the quote that says may not POSSESS a rifle or shotgun within 500 feet of a dwelling?

Looks like that came from the abstracts, but note that the wording in his quote says a "possess .... a LOADED rifle or shotgun". If you're unloaded, it would seem that his quote leaves you in the clear.

 

[whacko]

Looks like that came from the abstracts, but note that the wording in his quote says a "possess .... a LOADED rifle or shotgun". If you're unloaded, it would seem that his quote leaves you in the clear.

True. I didn't catch that.

 

[MisterHappy]

What Toast said: If it's loaded, you're considered to be "hunting." That's why the EPOs tell you to unload 150' from the road, which I discussed earlier in the thread.

 

[Quantavious G]

what if you're in your yard, more than 150 feet from the roadway, taking care of chipmunk problem, with a .308?

 

[Palladin]

Got him arrested


View: https://twitter.com/ahernandez85b/status/1306073474289590273?s=20

Rest of the story

Intoxicated man points long gun at protesters outside his house, Milwaukee police say

An intoxicated neighbor drew a long gun on people protesting outside his house before Milwaukee officers arrested him Wednesday, police say.

www.tmj4.com

 

[MisterHappy]

what if you're in your yard, more than 150 feet from the roadway, taking care of chipmunk problem, with a .308?

Are you more than 500' from any other buildings in use, or have the permission of the owner/occupants thereof? Are there no local ordinances prohibiting discharge of firearms/hunting? Do you have a license, or are you exempt under the Agricultural exception? If yes, please make sure of your backstop, and use expanding bullets, to ensure sufficient stopping power. Also, please post video of the hunt, which appears to be legal. Also, when someone shows up, saying, "WTF?" please get that on video as well.

Not all actions that are lawful, are advisable.

IANAL