Chatham deer’s death leads to charges

[swatgig]

That statute is a mess. It's from 1967. It clearly was originally meant to apply only to hunting. It has no penalty or I can't see where the penalties come from.

I'm not sure how they arrive at this, but this is from the complaint manual:

131/58/B FIREARM, DISCHARGE NEAR HWAY c131 §58 (Effective 1/4/90)
on [DATE OF OFFENSE:] did discharge a firearm or release an arrow upon or across, or within 150 feet of, a state or hard surfaced highway, in violation
of G.L. c.131, §58. (PENALTY from §90: imprisonment not more than 30 days; or not less than $50, not more than $100; or both; and any license, permit
or certificate under c.131 revoked for 1 year.)

Chatham man strikes plea deal on firearm charges

Interestingly, Chapter 131 does not define a firearm. Discharging a firearm within 500 feet read:

131/58/D FIREARM WITHIN 500 FT OF DWELLING c131 §58 (Effective 1/4/90)
on [DATE OF OFFENSE:] did possess a loaded firearm or hunt by any means on the land of another within 500 feet of a dwelling in use, not being so
authorized by the owner or occupant thereof, in violation of G.L. c.131, §58. (PENALTY from §90: imprisonment not more than 30 days; or not less than
$50, not more than $100; or both.)

So I guess the "hunt by any means" applies, although that does not seem to apply if on your own land per plain language of the statute:

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.

Typical court bullshit - jam him up with bogus charges and don't let go until he pleads out.

ETA: For some reason, I had the idea he was charged for shooting the arrow on his own property. After re-reading the stories, I'm not convinced this is the case.

 

[TLB]

Chatham man strikes plea deal on firearm charges

I feel safer now.

 

[FisherTech]

Read MGL Chapter 131 Section 90, That is where you will find the penalties for that Chapter.

 

[BrianWilson]

Charges related to hunting violations dismissed