Target practice on your own property - within 500 feet of neighbors/dwellings in MA

[Confused resident]

I am looking for advice on the practical application of the MA gun law, specifically the infamous section Chapter 29, section 12E which states:

​

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.

My question is this. Does the language in bold give a gun-licensed property owner the right to shoot a semi-automatic weapon on their own land (backyard) at targets, even if they do not have permission from neighbors in occupied dwellings within 500' of the shooting?

Is there a definition in the law of a "Target or test range" which implies some sort of certification for safety or design?

Also, there are hunting regs which appears to say you cannot have a loaded weapon within 500' of an occupied dwelling. If you are shooting at targets, then does this apply? Specifically, Chapter 131, Section 58 which reads:

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.​

These seem in conflict to me. If I cannot have a loaded gun within 500' of an occupied dwelling without permission, then how can I shoot on a target range within 500' of an occupied dwelling without permission?

Thanks. I'm trying to learn about the law so I can go about this properly.

 

[MisterHappy]

First, you have to make sure that there are no local ordiances WRT the discharge of firearms - some town have a complete prohibition on firearm discharge, rendering the above moot.

Second, unless you're far, far from neighbors, or are surrounded by understanding neighbors, you'll likley have "fun".

If you're talking Trap or Skeet, unless you're in a very rural area, going to a club is probably the best bet.

If you provide more info as to where you're located, you might get more detailed help.

Welcome to the forum....

 

[Confused resident]

Thanks. I'm talking about target shooting, not trap or skeet. In the woods, on my property, but near another home. As far as I know there are no town regs that will apply, so my questions are really about interpreting the state laws per my original post. By "fun", I'm assuming you mean complaints and visits from the police, etc.?

Thank you!

 

[Youradolt]

How come you refer to the weapon as a semi-auto? hmmm

 

[Confused resident]

Using a .22 is the plan. Semi and/or non-Semi .22 - Rifle or Pistol TBD. This is the proposed equipment. Nothing bigger than a .22. Sorry for the confusion.

 

[stencil]

Thanks. I'm talking about target shooting, [ ... ] In the woods, on my property, but near another home.

Get written permission from the owner - and the occupants - of the abutting home, verify at Town Hall and the police station that there are no town ordinances preventing it, and you're home free. And, uh, know your target and what's behind it.
.

 

[MisterHappy]

Yes, my caveat was in reference to a "Shots fired" call to John Law. Even if you're on your own property, make sure that there are no prohibitions that could jam you up.

 

[travis]

If you have to ask then err on the side of caution.

 

[jdubois]

My question is this. Does the language in bold give a gun-licensed property owner the right to shoot a semi-automatic weapon on their own land (backyard) at targets, even if they do not have permission from neighbors in occupied dwellings within 500' of the shooting?

Possibly. However, you could get into a pissing match in court over whether a target stuck in the woods was or was not a "range".

These seem in conflict to me. If I cannot have a loaded gun within 500' of an occupied dwelling without permission, then how can I shoot on a target range within 500' of an occupied dwelling without permission?

The hunting law only refers to hunting (otherwise, nobody could CCW anywhere other than the deep woods), and it doesn't apply to you on your own property anyway. It's worded the way it is so that hunters illegally within the setback can't claim, "I wasn't hunting, I was just carrying this here loaded gun."

Your best bet is to go have a polite conversation with your neighbors and explain your intentions. Bring cookies They may be cool about it, and your problem is solved. If they're not cool about it, then they'd likely have complained anyway, and you've then got to decide whether it's a battle you wish to fight.

 

[desertLS1]

As far as I know there are no town regs that will apply, so my questions are really about interpreting the state laws per my original post.

I'm curious as to how you found out this information? I ask because I live in a small town and I can't imagine finding out any other way than personally paying the town government a visit

 

[Len-2A Training]

I'm curious as to how you found out this information? I ask because I live in a small town and I can't imagine finding out any other way than personally paying the town government a visit

Some towns have the bylaws online to read by any interested party. Others make you go to the town clerk or PD and ask to see them in person.

 

[TNHunter]

We are talking about MA here, right? Why would you want to make your COP wonder about how "suitable" you are? Unless I was on a very large piece of land that clearly exceeded all of the required setbacks, I would not even consider this. Even with the land, I would give it a lot of thought before I would give the COP a reason to worry about me. Is it worth the risk?

 

[BenDover]

I disagree just a bit.

You need to use your head about the kind of shooting you decide to do. If you are going to be firing off the 50BMG even 1000ft from the guy next to you it has more to do with pissing him off than about being suitable. OTOH shooting subsonic .22LR even 50ft from another house might not be any louder than the traffic going by. (FTR, I shoot 22LR 50ft from the guy next door and use a 6x8ft backstop and bullet trap filled with rubber chunks.....no issues whatsoever YMMV)

I asked this question about shooting ranges in the backyard to a former COP. His only concern would be making sure the rounds go someplace safe and noise complaints. He told me that an established shooting range is more than a target stapled to a tree but less than a 100ft berm.....he knows one when he sees one. His bottom line was have a reasonable backstop, use common sense in your range setup (safe direction), and don't make too much noise and no one will give you trouble.

We are talking about MA here, right? Why would you want to make your COP wonder about how "suitable" you are? Unless I was on a very large piece of land that clearly exceeded all of the required setbacks, I would not even consider this. Even with the land, I would give it a lot of thought before I would give the COP a reason to worry about me. Is it worth the risk?

 

[Confused resident]

I'm curious as to how you found out this information? I ask because I live in a small town and I can't imagine finding out any other way than personally paying the town government a visit

Well, I may not have it all. I based that statement from reading the town bylaws online. I was assuming that if there were something in the town regs, it'd be in the bylaws, but to your point, I have not been to the town hall to ask about this. Good suggestion!

 

[Len-2A Training]

Well, I may not have it all. I based that statement from reading the town bylaws online. I was assuming that if there were something in the town regs, it'd be in the bylaws, but to your point, I have not been to the town hall to ask about this. Good suggestion!

Check the police regulations when you do. In my town, they are distinctively different than the town bylaws.

If I had the land to do it, I would do the unthinkable . . . I would invite my police chief over to view where and what I would like to do BEFORE I DO IT and ask for his/her OK that it wouldn't violate anything or cause any problems. Likewise, if that passed muster, I'd invite my neighbors over so that everyone was on the same page and the likelihood of complaints would be minuscule (assuming no flaming moonbats).

 

[jdubois]

Some towns have the bylaws online to read by any interested party.

Although it doesn't have everything, here's a good place to look:

http://www.lawlib.state.ma.us/source/mass/bylaws.html

 

[northeast mike]

I havrule?
e a shooting range on the backside of my farm. It was 500 feet from all houses until a new guy bought the land behind me and built a house 300 feet from my property. Does anyone know of a situation like this where a pre-existing range was grand-fathered in and did NOT have to follow the 500 ft

 

[jct61765]

If someone on here says it’s fine to shoot, are you going to believe them? If the police come out, are you going to tell them someone from NES said it was ok? I’d be asking a lawyer, or anyone else.

 

[Rick O'Shea]

I havrule?
e a shooting range on the backside of my farm. It was 500 feet from all houses until a new guy bought the land behind me and built a house 300 feet from my property. Does anyone know of a situation like this where a pre-existing range was grand-fathered in and did NOT have to follow the 500 ft

Great first post!

 

[556USER]

FAFO, that's what my lawyer says when I argue with him. But he delivers that message in more lawyerly terms by looking at me very sternly and saying, "I don't recommend that." At the end of the day it's me who gets to decide.

 

[northeast mike]

Let's get back the ability to "SHOOT AT HOME" on your own property. Why not put a petition on the next Massachusetts VOTING BALLOT to allow shooting on one's own property by DELETING and REMOVING the 500 foot law that now exists, that prohibits shooting on your property within 500 feet of a neighbor's RESIDENCE. The 500 foot rule is ARBITRARY!!! Why is it not 200 feet or 5000 feet??? It is an ARBITRARY NUMBER and there is NO SCIENTIFIC PROOF that 500 feet is "SAFER" than 422 feet or some RANDOM NUMBER! Aren't there enough GUN OWNERS in Massachusetts to put this on the Massachusetts BALLOT and VOTE IT DOWN???? Who will LEAD THE CHARGE to do this? I want to PLINK in my backyard! I want to shoot that Coyote or that Raccoon when it becomes a threat to my animals or destroys my property....without the COPS COMING and me having to JUSTIFY why I did it and risk losing my FID card or my Firearms.

For hundreds of years Americans had the right to shoot on their own property without worrying about being arrested or fined. WHY DID WE LET the "D0-Gooders" get away with making it ILLEGAL for us to do what is natural. I DO NOT WANT to have to go to a Firing Range to shoot a gun! What would George Washington say if the COPS said to him , "George, you shoot your pistol within 500 feet of a neighbor, which makes you a criminal since shooting like this is not safe and against the law...so hand over your firearms...and this will go into your "permanent reacord" so don't even think about running for President!!!" Please, someone who is stronger and smarter than me......get this law CHANGED!!! It worked for the Marijuana industry....maybe ask those guys who pushed the POT BILLS through, how they did it???

 

[Snora]

It worked for the Marijuana industry....maybe ask those guys who pushed the POT BILLS through, how they did it???

Well let's think about which of the two has a financial incentive: legalizing the sale of weed or letting some dude pop off rounds in his backyard.

 

[wcorey]

I havrule?
e a shooting range on the backside of my farm. It was 500 feet from all houses until a new guy bought the land behind me and built a house 300 feet from my property. Does anyone know of a situation like this where a pre-existing range was grand-fathered in and did NOT have to follow the 500 ft

If you read the first post here you'll see that it is technically legal to have less than 500' for target and or test firing, grandfathering not necessary.
So it would seem that the 500' setback law would apply specifically to hunting.
Of course YMMV depending on the whims of your towns PD.
Would you be shooting directly toward the dwelling or something? Have you talked to the neighbor about it?

 

[northeast mike]

Well let's think about which of the two has a financial incentive: legalizing the sale of weed or letting some dude pop off rounds in his backyard.

good point!

 

[northeast mike]

If you read the first post here you'll see that it is technically legal to have less than 500' for target and or test firing, grandfathering not necessary.
So it would seem that the 500' setback law would apply specifically to hunting.
Of course YMMV depending on the whims of your towns PD.
Would you be shooting directly toward the dwelling or something? Have you talked to the neighbor about it?

Lawyer told me that you need 500 feet from neighbor's residence or their permission. I'll never get the neighbor's permission...
Let's change the distance...it is totally arbitrary!

 

[LakeTrout]

Aren't there enough GUN OWNERS in Massachusetts to put this on the Massachusetts BALLOT and VOTE IT DOWN????

No, there aren’t. Hell would freeze over before this ever happened. You don’t even have enough gun rights supporters for you to own a magazine that holds 11 rounds and not 10, speaking of arbitrary numbers. No way in hell you have enough to get even 10% of the votes on a ballot question like that. I’m guessing you’d get 2-3% max.

The vast majority of residents don’t want you owning modern and common firearms, nevermind letting you shoot the damn things closer to their house than you can already.

 

[whatluck]

good point!

nobody:


this thread:

 

[ThePreBanMan]

Get written permission from the owner - and the occupants - of the abutting home, verify at Town Hall and the police station that there are no town ordinances preventing it, and you're home free. And, uh, know your target and what's behind it.
.

This is very good advice. I am not a lawyer. But my interpretation of that law is that there is no legal discharge allowed Within 500 ft of an in-use building of any kind. It's not limited to houses. Doesn't matter if you're on your own property you are shooting on or not. If the neighbor is no bueno , you're out of luck. The law was specifically written so that people wouldn't be able to do exactly what you're doing in the densely packed Suburban neighborhoods of Massachusetts. Love it or hate it, it is what it is. Do not take my word as law, seek professional legal advice if you wish to pursue the matter further. I would encourage that you do so before embarking on your target shooting Journey. If you find yourself having broken a law you will be arrested, charged, and could lose your license to carry, lose your guns, and become a prohibited person for life, depending what charge they hang on you. They're very likely to stack charges. Reckless endangerment, and other such stuff. Whatever they think will get something to stick.

 

[Rob Boudrie]

The "outdoor range" thing is not well defined. I would not expect a favorable outcome if someone simply claimed that setting up targets made it a range.

Put up a shooting bench, build up a berm, and post signs around the perimeter "DANGER!!! LIVE SHOOTING RANGE" and you've got a pretty good case that what you have is a range.

The questions include "Do you need zoning permission to put up a shooting range?".

 

[MisterHappy]

This is very good advice. I am not a lawyer. But my interpretation of that law is that there is no legal discharge allowed Within 500 ft of an in-use building of any kind. It's not limited to houses. Doesn't matter if you're on your own property you are shooting on or not. If the neighbor is no bueno , you're out of luck. The law was specifically written so that people wouldn't be able to do exactly what you're doing in the densely packed Suburban neighborhoods of Massachusetts. Love it or hate it, it is what it is. Do not take my word as law, seek professional legal advice if you wish to pursue the matter further. I would encourage that you do so before embarking on your target shooting Journey. If you find yourself having broken a law you will be arrested, charged, and could lose your license to carry, lose your guns, and become a prohibited person for life, depending what charge they hang on you. They're very likely to stack charges. Reckless endangerment, and other such stuff. Whatever they think will get something to stick.

Cite please?

General Law - Part IV, Title I, Chapter 269, Section 12E

malegislature.gov

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;
IANAL, but I'd like to see how you interpret it, if you are. Not saying that the new neighbors may not get salty, and cause a ruckus, but your attorney at
at least has language to cite.