Discharge of a firearm in a Town with "No Discharge Ordinance" on State land WMA

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My Mass Town had a no discharge ordinance. I was hunting a state WMA with my bow today and heard a shotgun discharge. Walking out after legal hunting I ran into two guys with shotguns. They said the ordinance doesn't matter since we are on WMA state lands in Massachusetts. So I looked it up and the state laws look to supersede the town by laws. Am I reading this correct?


"For the purposes of 321 CMR 3.01(1), wildlife management area shall be construed as inclusive of public shooting ground."
 

Mark from MA

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My Mass Town had a no discharge ordinance. I was hunting a state WMA with my bow today and heard a shotgun discharge. Walking out after legal hunting I ran into two guys with shotguns. They said the ordinance doesn't matter since we are on WMA state lands in Massachusetts. So I looked it up and the state laws look to supersede the town by laws. Am I reading this correct?


"For the purposes of 321 CMR 3.01(1), wildlife management area shall be construed as inclusive of public shooting ground."
If the WMA allows shotgun hunting then the town cannot put a local ordinance in to stop that. State land supercedes town bylaws. Similar to towns that put in bylaws that close themselves to hunting by landowner permission only............any state land or WMA land in that town is still open to hunting. Same with federal land, there are lots of federal lands in the east that allow hunting as well, you need a permit in most cases on the federal land.
 

smokey-seven

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In addition to WMA's, any state land is huntable as soon as it becomes state land, providing all MA hunting regs are followed. A large section of private land was posted in western MA. The state took it by eminent domain for past taxes. I asked a local MA EP cop abouty hunting it and he said, the posts are now illegal because the named party on the posts is no longer the owner. He winked and said, keep it quiet will ya? :cool:
 

Mark from MA

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I had a question, in towns with a no discharge ordinance, can a landowner with a large lot of land allow shotgun hunting if all setback laws are followed as far as discharge for hunting.
Or does the town basically fxck the landowner?
 

MisterHappy

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I had a question, in towns with a no discharge ordinance, can a landowner with a large lot of land allow shotgun hunting if all setback laws are followed as far as discharge for hunting.
Or does the town basically fxck the landowner?
What Smokey said. It's not a hunting ordinance, it's a discharge of firearms ordinance, which would also prohibit the said landowner from setting up a target range (which eliminates the 500' from the building thing), unless the town permits it.
 

Mark from MA

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What Smokey said. It's not a hunting ordinance, it's a discharge of firearms ordinance, which would also prohibit the said landowner from setting up a target range (which eliminates the 500' from the building thing), unless the town permits it.
OK then......certainly will never happen in my town....but good to know taxpayers accept a huge loss of freedom in those towns.
 

MisterHappy

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OK then......certainly will never happen in my town....but good to know taxpayers accept a huge loss of freedom in those towns.
Never say never.

Unless you have >50% gun owners in the town, and a significant number of them that think that shooting on one's own land is a good thing....well....
 

Buck F

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What Smokey said. It's not a hunting ordinance, it's a discharge of firearms ordinance, which would also prohibit the said landowner from setting up a target range (which eliminates the 500' from the building thing), unless the town permits it.
I believe I read somewhere that if you have a MA hunting license that flying squirrels, chipmunks and one or two other varmint can be hunted year round. Would hunting those on private property, assuming all other regs and guidelines are met, be ok in those towns? I know a lot of people who hunt flying squirrels w 9mm…
 
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My Mass Town had a no discharge ordinance. I was hunting a state WMA with my bow today and heard a shotgun discharge. Walking out after legal hunting I ran into two guys with shotguns. They said the ordinance doesn't matter since we are on WMA state lands in Massachusetts. So I looked it up and the state laws look to supersede the town by laws. Am I reading this correct?


"For the purposes of 321 CMR 3.01(1), wildlife management area shall be construed as inclusive of public shooting ground."
You are correct, City Ordinances and Town By-laws do apply to state property. There is case law on that in Massachusetts IIRC it is Snowling vs Teasdale. Now the controlling state agency can make a regulation that mirrors the By-law or Ordinance in the city or town in which the state property is located. Also the state can pass legislation on state owned property. That is what happen on Flints Pond in Tyngsboro. Fakers and Wankers knew about the legislation coming up and did nothing about it.
 

Mark from MA

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Never say never.

Unless you have >50% gun owners in the town, and a significant number of them that think that shooting on one's own land is a good thing....well....
We have 25% gun ownership, and thousands of acres of State land and 2 huge WMA's in town and a gun club. Never in my lifetime Im willing to bet.

Of course, I'm not going to stay here for retirement anyway, so it really doesn't matter.
 

Mark from MA

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I believe I read somewhere that if you have a MA hunting license that flying squirrels, chipmunks and one or two other varmint can be hunted year round. Would hunting those on private property, assuming all other regs and guidelines are met, be ok in those towns? I know a lot of people who hunt flying squirrels w 9mm…
Not sure where your going with this, but it means you can't discharge firearms for anything. Id even bet if used one for personal protection on your own property they'd try and charge you with it a town bylaw violation these towns are so fxcking retarded.
 

Buck F

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Not sure where your going with this, but it means you can't discharge firearms for anything. Id even bet if used one for personal protection on your own property they'd try and charge you with it a town bylaw violation these towns are so fxcking retarded.
Thanks. Yeah, reading it again State land & WMA (whatever that is) supersede town ordinances re hunting but I was thinking that might be applied to private property, which it doesn't seem like it can.
 

Mesatchornug

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Thanks. Yeah, reading it again State land & WMA (whatever that is) supersede town ordinances re hunting but I was thinking that might be applied to private property, which it doesn't seem like it can.
WMA == Wildlife Management Area
WMAs are public areas that are protected to provide habitat for wildlife and to give people a place to explore wild Massachusetts. These lands are free and open to the public for walking, hiking, hunting, fishing, trapping, and wildlife viewing. Any trails through the properties are unmarked and parking lots are usually not paved.
 
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