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

[ThePreBanMan]

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 atView attachment 848579
at least has language to cite.

Cite? How about your own provided source, which you skipped over the very first sentence of....

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.

You point to an exception....

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;


But does the OP have such a legally established permitted and properly zoned range? If so - he left that part out. So the exception does not apply. You can't just put up a target in your backyard and call it a "range" and ignore the first sentence in the law. There are all kinds of zoning and permitting processes required. Clubs have been shut down because they had trouble renewing such. There has been a story or two about such on this very site.

But if you think you can, try it and let us know how it works out for you... Something tells me - you're not taking that bet.

See Rob's post above for additional color.

Just because you want the law to be applied a specific way... does not mean the law will be applied that specific way. That's life - and the law.

 

[Rob Boudrie]

But does the OP have such a legally established permitted and properly zoned range? If so - he left that part out. So the exception does not apply. You can't just put up a target in your backyard and call it a "range" and ignore the first sentence in the law. There are all kinds of zoning and permitting processes required. Clubs have been shut down because they had trouble renewing such. There has been a story or two about such on this very site.

I am not aeware of any "Range permit" other than a building permit for any structures on the land, and conservation commission involvement if there are any wetlands impacted.

If you buiild an unpermitted range, it is still a range. Just like if you build a barn wthout a building permit, it it still a barn. The town couold come after you to tear down your range or barn, but you would still be shooting at a "range", so the action would be against the range, not against a user.

New ranges are bound by any noise law in effect at the time the range is constructed, so that can be a further obstacle.

 

[ThePreBanMan]

I am not aeware of any "Range permit" other than a building permit for any structures on the land, and conservation commission involvement if there are any wetlands impacted.

If you buiild an unpermitte range, it is still a range. Just like if you build a barn wthout a building permit, it it still a barn. The town couold come after you to tear down your range or barn, but you would still be shooting at a "range", so the action would be against the range, not against a user.

New ranges are bound by any noise law in effect at the time the range is constructed, so that can be a further obstacle.

Sure but each municipality has its own zoning regulations, environmental regulations, noise regulations, etc..... many have their own discharge regulations, etc... Many have regulations on how close you can build to property lines, etc. My point was, that you can't just throw up a target and call it good - which is what the OP specifically stated was his intent.

Furthermore, if the OP lives on a plot of land sufficiently small in size that he can not get more than 500 feet from the neighbor's, then that means whatever he discharges is going to leave his property. So does he have permission from the other abutting land owner to send rounds into their property? There was no mention of a proper berm. Was there a building permit obtained to build one? Is it properly located, meeting set back requirements, etc.... Some of these requirements you mentioned yourself.

There's a lot of fail in the OP's case.

We all have the choice to do as we will..... just be ready to deal with the consequences. Are those consequences worth saving the 100 bucks a year the average club charges for membership... That's only for the individual to decide. Just consider the average lawyer charges about 3X that amount PER HOUR.

 

[Rob Boudrie]

Sure but each municipality has its own zoning regulations, environmental regulations, noise regulations, etc..... many have their own discharge regulations, etc... Many have regulations on how close you can build to property lines, etc. My point was, that you can't just throw up a target and call it good - which is what the OP specifically stated was his intent.

Furthermore, if the OP lives on a plot of land sufficiently small in size that he can not get more than 500 feet from the neighbor's, then that means whatever he discharges is going to leave his property. So does he have permission from the other abutting land owner to send rounds into their property? There was no mention of a proper berm. Was there a building permit obtained to build one? Is it properly located, meeting set back requirements, etc.... Some of these requirements you mentioned yourself.

There's a lot of fail in the OP's case.

We all have the choice to do as we will..... just be ready to deal with the consequences. Are those consequences worth saving the 100 bucks a year the average club charges for membership... That's only for the individual to decide. Just consider the average lawyer charges about 3X that amount PER HOUR.

Er, no.

If it needs to be far enough a round cannot leave the property even if shot at high elevtion with no backstop, the distance required is way beyone 500 yards, especially if there is any rifle shooting.

In addition to what you mentioned, a designated range with a backstop means a designated area of lead contamination - which could be an issue in a future sale, or trigger a state mandated "blank check" cleanup at the seller's expense.

 

[ThePreBanMan]

Er, no.

If it needs to be far enough a round cannot leave the property even if shot at high elevtion with no backstop, the distance required is way beyone 500 yards, especially if there is any rifle shooting.

In addition to what you mentioned, a designate range with a backstop means a designated area of lead contamination - which could be an issue in a future sale, or trigger a state mandated "blank check" cleanup at the seller's expense.

All well and good. Stuff I didn't know. Thank you for contributing to the conversation. You're making my point stronger. The OP just can't put up a target stand and call it good under the exception in the law for ranges, trap, etc.

 

[Woodstone]

First post and necro-thread to boot.

 

[MisterHappy]

All well and good. Stuff I didn't know. Thank you for contributing to the conversation. But you're making my point stronger. The op just can't put up a Target stand and call it good.

My reply was to post 17 (not the one from > 10 years ago) - the poster has a range (not described, but identified as such) that as been established for a period of time, that is now less than 500 feet from new construction on the neighboring property.

When I posted the exception, I also posted the link to the relevant MGL, for context.

AFAIK, there is no MGL definition of what constitutes a "range" (as Rob notes), so there can be no permitting for one, as there are no standards to meet.

Is shooting on your property lawful in Mass? Possibly. If it's lawful, is it a "good idea"? That's another discussion entirely.

 

[Rob Boudrie]

My reply was to post 17 (not the one from > 10 years ago) - the poster has a range (not described, but identified as such) that as been established for a period of time, that is now less than 500 feet from new construction on the neighboring property.

Range permitting - no.
Building permit for any structures - yes
Noise ordninance - yes
Current zoning - yes
Legal fees to fight town cease and desist order - definitely

 

[AMV]

As previously mentioned, this was an established range, so noise complaints should not be a factor in shutting it down if legal when it was built

Many clubs in MA can not meet the 500 feet from a dwelling

Section 7B: Noise pollution; shooting ranges; exemption from liability; hours of operation​

"No owner shall be liable in any action for nuisance, and no court shall enjoin the use or operation of said range on the basis of noise or noise pollution, provided said owner was in compliance with any noise control law, ordinance or by-laws in existence at the time of the construction of the range."

 

[KBCraig]

Some guy got hosed a few years back for (among other things) having a shooting range set up in his attic.

The thread is on NES somewhere.