Chatham deer’s death leads to charges

[42!]

Here is more mess. This prohibits the possession of a BB gun outside dear hunting season.

Read it again, the restriction only applies to BB and air rifle shot loaded into a shotgun shell. Loose BBs and BB guns are not affected.

 

[MisterHappy]

While I agree that the intent may have been to list the types/sizes of shot that are not permitted in your shotgun load, the lack of a comma in: BB shot or air rifle shot in any place between 'shot' and 'or' could be read the way Terra reads it.

And, considering the way the story that started the thread is a FUBAR mess, it could happen.

Read this story, and see the importance of a comma.

Oxford Comma Dispute Is Settled as Maine Drivers Get $5 Million

 

[42!]

While I agree that the intent may have been to list the types/sizes of shot that are not permitted in your shotgun load, the lack of a comma in: BB shot or air rifle shot in any place between 'shot' and 'or' could be read the way Terra reads it.

And, considering the way the story that started the thread is a FUBAR mess, it could happen.

Read this story, and see the importance of a comma.

Oxford Comma Dispute Is Settled as Maine Drivers Get $5 Million

I think we're going to have to disagree on this one.

 

[drgrant]

I'm sorry - what? He's been charged with discharging a firearm for firing a bow?

If I was going to make a WAG, he used a crossbow, and those are basically verboten for hunting unless you're crippled and have a special permit.... wtaf... but its there...

ETA: I realized this might not be the case, but given the bullshit in this state, massaging of charges for such things = possible given the context... lol

 

[whacko]

What? Releasing an arrow is not a crime, period. Hunting is.

Sarcasm?

The laws all speak to discharge of a fire arm or release of an arrow. I've been "called out" by many a property abutter on land I'm "hunting" when I'm walking into a spot. I have to access the hunting property sometimes by walking within 500 feet of a dwelling (all while on land I'm permitted to be on) and ive had twatwaffle soccer moms come on the back deck and yell at me that I'm too close to be hunting. I respond clearly and with authority each time.....I'm not hunting yet my guns unloaded I'm just walking right now.

Standing with a gun within 500 feet if an occupied dwelling is not a crime.

 

[larueminati]

Just a question from a non-hunter here: If the cops catch a gang-banger who has shot and robbed an innocent grandmother on a city street, do they add charges of firing a gun within 500 feet of a dwelling? And is that charge multiplied by the number of dwellings within a 500 radius of the gangbanger’s shot?

This is a great point. They sure are throwing the book at this guy.

 

[FNHFAL]

I am friends with very successful hunters who take their chances hunting on posted land or land that I would consider too close to highways, town property, dwellings or whatever.
It’s a risk they are willing to take and probably why they bag more deer then myself. If Rego wants to have his own private hunting preserve because others are not willing to take the risk going into that area. Then he can’t complain if he gets caught.

 

[drgrant]

The article says:

"Although Rego is alleged to have released one arrow, the eight counts are for the number of houses said to be in range of the shot, a report by state Environmental Police Officer says."

Just a question from a non-hunter here: If the cops catch a gang-banger who has shot and robbed an innocent grandmother on a city street, do they add charges of firing a gun within 500 feet of a dwelling? And is that charge multiplied by the number of dwellings within a 500 radius of the gangbanger’s shot?

Some legal minds here might be able to answer this, but I am wondering if unlawful discharge is a house of corrections offense only, much like Bartley-Fox.... so the bangers never get charged with it, because the DA is going
for other felonies on them; which are legally incompatible with unlawful discharge. (If you have a law which dictates an HOC sentence you cannot have someone serve a state prison sentence and then an HOC sentence concurrently... so frequently any charges that would have an HOC only sentence, just get dropped. )

-Mike

 

[Mark from MA]

Sarcasm?


Standing with a gun within 500 feet if an occupied dwelling is not a crime.

If your unloaded and just walking in and have permission....a game warden would be hard pressed to cite you with anything. But I've had some game wardens say hunting is almost anything from scaring an animal to just walking in. I think the more complaints they get the more dickheaded they get.

 

[whacko]

If your unloaded and just walking in and have permission....a game warden would be hard pressed to cite you with anything. But I've had some game wardens say hunting is almost anything from scaring an animal to just walking in. I think the more complaints they get the more dickheaded they get.

Doesn't the law state "discharge of a fire arm within 500 feet"......not "hunt within 500 feet"?

 

[Sparky123]

I'm sorry - what? He's been charged with discharging a firearm for firing a bow?

Yes, bows are one of those firearms that need to be banned.

 

[BrianWilson]

They sure are throwing the book at this guy.

That's a pretty exclusive area. I'd guess whoever's "pet" deer The Judge was, they don't know somebody, they are somebody.

 

[pupchow]

Recap:

321 CMR 3.00: HUNTING (excerpts)

(3) Hunting with Bows and Arrows.
(d) A crossbow may be used for hunting by a person who is permanently disabled such that the person cannot operate a conventional bow and arrow, as certified by a licensed physician. Any costs associated with obtaining the medical documentation, re-evaluation of the information or a second medical opinion are the responsibility of the applicant. A person who wishes to use a crossbow for hunting in accordance with 321 CMR 3.01(3)(d) shall obtain a permit to do so from the director of the division of fisheries and wildlife, and such permit shall be valid for life. Nothing in 321 CMR 3.01(3) shall be construed to permit the use of a crossbow by any other person, except on a skeet, trap, or target range.
(g) No person while hunting shall release an arrow from a bow upon or within 150 feet of any State or hard surfaced highway or within 500 feet of any dwelling in use, except as authorized by the owner or occupant thereof.
(h) Any person found guilty of any violation of 321 CMR 3.01 shall be punished as provided in M.G.L. c . 131, § 90.

 

[Mark from MA]

Doesn't the law state "discharge of a fire arm within 500 feet"......not "hunt within 500 feet"?

Yes. Im just saying what ive heard from various game wardens over several courses that ive taken and taught.

Its not in the abstracts, but in the full text of the law (I cant find it) there is in the definition section a verbal description for word hunting. One of them brought it up and it is very loosely worded as attempting to take, scaring, shining, alerting any wildlife. Some bullshit like that. So it made it very easy for them to charge people with illegally hunting because of how it is worded.

 

[whacko]

Yes. Im just saying what ive heard from various game wardens over several courses that ive taken and taught.

Its not in the abstracts, but in the full text of the law (I cant find it) there is in the definition section a verbal description for word hunting. One of them brought it up and it is very loosely worded as attempting to take, scaring, shining, alerting any wildlife. Some bullshit like that. So it made it very easy for them to charge people with illegally hunting because of how it is worded.

Gotcha.

The problems I've run into have been on 2 specific pieces of property I deer hunt on. There are a couple of houses that abut the property I have permission to hunt on and there is a fairly narrow patch of woods we need to walk on (with permission as it's the same property owner we have permission from) that opens up to good acerage. That narrow strip puts us within 100 yards of 2 houses. When we go in we are unloaded......but these twats see orange and a gun and yell at is that "you can't hunt within 500 feet of my house".....which is completely not an accurate statement. My reply has always been the same.....and they've never called the popo on us yet. I think they know the 500 foot rule is against "discharge" of a fire arm......but they try real hard. Lol

 

[Mark from MA]

Definition of Hunting of MGL 131.

The verb to hunt in all of its moods and tenses includes pursuing, shooting, killing, capturing, mammals and birds. AND all lesser acts such as disturbing, worrying, harrying, placing, setting, drawing or using any device commonly used to take mammals or birds, whether or not such acts result in taking and includes every attempt to take and every act of assistance to any other person in taking or attempting to take mammals or birds.

One class the game warden read this and said “ see if you are disturbing an animal in any way like shining lights in a field. We can charge you with illegal hunting even if you have no gun in your car, as we can get you with disurbing, worrying animal.”

He went on to say we can charge pretty much anyone with illegal hunting as the act of walking into the woods can scare game

Again....total BS, but out of the horses mouth

 

[Jason Flare]

One class the game warden read this and said “ see if you are disturbing an animal in any way like shining lights in a field. We can charge you with illegal hunting even if you have no gun in your car, as we can get you with disurbing, worrying animal.”

He went on to say we can charge pretty much anyone with illegal hunting as the act of walking into the woods can scare game

Nice guy.

 

[whacko]

Definition of Hunting of MGL 131.

The verb to hunt in all of its moods and tenses includes pursuing, shooting, killing, capturing, mammals and birds. AND all lesser acts such as disturbing, worrying, harrying, placing, setting, drawing or using any device commonly used to take mammals or birds, whether or not such acts result in taking and includes every attempt to take and every act of assistance to any other person in taking or attempting to take mammals or birds.

One class the game warden read this and said “ see if you are disturbing an animal in any way like shining lights in a field. We can charge you with illegal hunting even if you have no gun in your car, as we can get you with disurbing, worrying animal.”

He went on to say we can charge pretty much anyone with illegal hunting as the act of walking into the woods can scare game

Again....total BS, but out of the horses mouth

I hear all that you are saying. The glitch I see though is that if I'm licensed and out for deer during the legal season......and I'm walking within 500 feet of a house with an unloaded gun is that legal? The law on 500 foot limit speaks to "discharge" does it not?

 

[Mark from MA]

I think like many laws in MA it all depends how much of a douche the epo is.

Odds are if your on private land with permission the GW will likely not do much even if there are complaints. As youve got proof that you went out of your way to get landowners permission, he can tell that to the opposition landowner and tell them he cant do squat because you have permission

If your just walking in on non posted land without any permission and are less than 500 from a house, and there are complaints, they are more likely to “find” something to charge you with.
Its all about keeping the peace.

Face value evidence of hunting within 500 feet they technically could charge you with, or threaten you with. Odds are you would get a warning anyway just to keep you from going back would be the whole point

 

[TLB]

Recap:

321 CMR 3.00: HUNTING (excerpts)

(3) Hunting with Bows and Arrows.
(d) A crossbow may be used for hunting by a person who is permanently disabled such that the person cannot operate a conventional bow and arrow, as certified by a licensed physician. Any costs associated with obtaining the medical documentation, re-evaluation of the information or a second medical opinion are the responsibility of the applicant. A person who wishes to use a crossbow for hunting in accordance with 321 CMR 3.01(3)(d) shall obtain a permit to do so from the director of the division of fisheries and wildlife, and such permit shall be valid for life. Nothing in 321 CMR 3.01(3) shall be construed to permit the use of a crossbow by any other person, except on a skeet, trap, or target range.
(g) No person while hunting shall release an arrow from a bow upon or within 150 feet of any State or hard surfaced highway or within 500 feet of any dwelling in use, except as authorized by the owner or occupant thereof.
(h) Any person found guilty of any violation of 321 CMR 3.01 shall be punished as provided in M.G.L. c . 131, § 90.

That reads different than Section 58, which has the words about being on the land of another:

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.

I think you should be able to hunt on your own land from a tree stand with a bow and arrow, especially with all of the Lyme-ridden deer we have running around suburbia now. Not that I expect anything but stupidity from Mass on anything.

 

[MisterHappy]

AFAIK, walking in is not hunting, if your gun is unloaded, or your arrow is unnocked. Otherwise, you'd have to teleport to 151 feet into the woods. Also, per MGLs, you may not carry a long gun, uncased, on a public way, unless lawfully involved in hunting. So there's that.

The EPO that says that he can charge you for walking in, as that could scare game, should arrest people that squirrels and deer, for taking game within 150' of the road, no license, etc. If I had an EPO tell that to a class I was helping to run, I'd ask to speak to their boss, just to get a clarification. And, I'd do that while the class was going on (just to be a PITA)

 

[Jason Flare]

I haven’t read this thread. Did this deer die in hospice?

 

[45collector]

I'm a year round resident on the Cape and belong to a Facebook group called "Cape Cod Hunting" or some such thing. I rarely posted anything there and don't really follow it anymore, but for a long time that Eric "Rocky" Rego guy was posting all kinds of stupid things. I can't even recall specifics but he was constantly being called out on ridiculous stuff and he was the butt of many jokes. I believe he was kicked off that FB group and it was no surprise when I read this article. However, there seems to be a lot more behind this story and it almost seems like a setup. I never met Mr. Rego but like I said, he was known as a clown around these parts.

 

[Orange677]

One class the game warden read this and said “ see if you are disturbing an animal in any way like shining lights in a field. We can charge you with illegal hunting even if you have no gun in your car, as we can get you with disurbing, worrying animal.”

I have this nasty little woodpecker that keeps on pecking on an area of my cedar shingles. When I can catch him, I give a big knock on the wall and he flies away. I got really smart and put up a reflective spinner and it seems to have scared him away as long as it's there.
With this new knowledge, I'm certain that I disturbed and worried the poor little guy. I'll immediately take down the spinner and let him get about his job of eating my house. Wouldn't want to break the law or anything!

 

[MisterHappy]

Well, he's not actually eating your house....he's eating the bugs under the shingles...

Attracting woodpeckers to your backyard at Wild Birds Forever

When the "THEM!" ants show up, you'll wish that you'd left Woody alone.

Had to put the THEM! reference in....Svengoolie is on

 

[Jaydub19]

Actually, it is, per:

Section 58

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.

At least in my IANAL reading.

In fact, I've pointed out the irony that the "except on a range" exemption for guns, does not apply, at least in any MGL I've seen, to archery.

So technically I can’t practice in my yard? I’m certainly within the 500ft of another house.

 

[MisterHappy]

IANAL.

Read the statute, and make your own decision. Don't forget it's also within 150' of a roadway....you don't have to be loosing in the direction of the road....

 

[Mark from MA]

So technically I can’t practice in my yard? I’m certainly within the 500ft of another house.

Technically you can....if your closest neighbors don't have an issue with it. If they do for some stupid reason, and call on you, this is the bs they will try and shut you down with. My father, and I (when I lived there) practiced for years at his house which is in a neighborhood with smaller lots. We had a good backstop, and no one ever complained, so never an issue. But one ahole neighbor can make a world of difference in that regard, leaving it up to the police/town to decide your fate. Some towns have discharge rules already in place as well in the shithole eastern half of this state.

Also the same reason when I bought my house, to have as few neighbors within 500 feet of my range as possible (none), and I'm 400 feet off the road, so I can shoot whenever I want, and people can't say shxt about it.

 

[BrianWilson]

Chatham man strikes plea deal on firearm charges

 

[pupchow]

Chatham man strikes plea deal on firearm charges

"Although Rego is alleged to have released one arrow, the eight counts were for the number of houses said to be within range of the shot, the report states. The two counts for shooting near roads stemmed from the two roads in the area."

That's some fine resolution police work right there.