Discharging a firearm within 500 feet of a dwelling

[Producer]

http://www.capecodonline.com/cctimes/marstonsmills22.htm

Marstons Mills man arrested after gunfire
CAPE COD TIMES
MARSTONS MILLS - James West, 66, was arrested at about 9 a.m. yesterday and charged with discharging a firearm within 500 feet of a dwelling.

Police went to West's home at 336 Wakeby Road at about 8 a.m. after residents in the area told police they heard gunfire.

When police arrived on the scene, West wasn't in the home, Barnstable police Sgt. Sean Sweeney said.

After obtaining a warrant for West's arrest, however, investigators found him in a shed behind his house, Sweeney said.

West told police he was training his dog and shooting at squirrels, Sweeney said. There were no injuries reported and West was cooperative when he was taken into custody, according to Sweeney.

He pleaded not guilty in Barnstable District Court yesterday, police said.

(Published: June 22, 2006)



My question is, did this guy get a small charge? "Discharging a firearm within 500 feet of a dwelling". Why not reckless endangerment, hunting without a license, etc.

I am not criticizing this guy or praising him, just curious.

 

[Adam_MA]

How do you know he didn't have a hunting license?

 

[Tweed]

How do you know he didn't have a hunting license?

Gray Squirrels are not in season until Sept 22. you can not hunt with a rifle or pistol in Zone 10-14. There is no season (you can hunt them any time) on red squirrels and chipmunks. It is best to use an air rifle for these.

how did they get a warrant for his arrest when they did not know it was him or what had actually transpired?

 

[JonJ]

how did they get a warrant for his arrest when they did not know it was him or what had actually transpired?

Remember, you're reading a news "story" not a police report or affidavit.

As for the charge, why pile it on? EPO's could still charge him with the hunting offense.

 

[Producer]

How do you know he didn't have a hunting license?

I heard from his neighbor.

I wonder what the penalty is for "Discharging a firearm within 500 feet of a dwelling"

 

[JonJ]

MGL chp 269s12e http://www.mass.gov/legis/laws/mgl/269-12e.htm

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.

 

[Producer]

MGL chp 269s12e http://www.mass.gov/legis/laws/mgl/269-12e.htm

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.

Wow, that almost makes it worth it! Who's up for some shooting in my back yard?

 

[Adam_MA]

hehehe
Do you have any neighbors within 500 ft?

 

[Producer]

About seven houses. And I get along with all of them, but no real safe direction to shoot.

I am thinking a 50 - 100 dollar fine, and I don't see a judge putting a working trained professional in Jail.

I know the chief could take your ID. Which would really suck.

Still seems like a very lame charge.

 

[KMaurer]

If you've got a really killer system, record some gun shots (full-auto would be preferable) and pump up the volume. You could post a lookout and easily delete the file when a cruiser shows up on your street, switching immediately to the 1812 at a moderate volume. No discharge of a firearm; hardly disturbing the peace (particularly this time of year).

Ken

 

[M1911]

Wow, that almost makes it worth it! Who's up for some shooting in my back yard?

Guess what happens to your LTC after the chief finds out about that?

 

[Neptune Cat]

Doesn't it mean that you can shoot within 500 ft. of a dwelling in use if you have permission from the owner?

Not that I would take my chances but I think it means it's okay, as long as your neighbors aren't within 500ft. or you have thier permission

 

[Twigg]

Here it is.

PART I. ADMINISTRATION OF THE GOVERNMENT


TITLE XIX. AGRICULTURE AND CONSERVATION


CHAPTER 131. INLAND FISHERIES AND GAME AND OTHER NATURAL RESOURCES


Chapter 131: Section 58. Shooting upon or across highway; hunting near dwelling


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.

http://www.mass.gov/legis/laws/mgl/131-58.htm

 

[Producer]

Well we live on a cul-de-sac. Convince the seven neighbors, not breaking any laws? We live in a very nice neighborhood and the houses are spaced out a little. But I am sure my firearms would wake up Hyannis and Centerville.

I love your system Ken.


Disclaimer; I will not do this, and as I stated before, it would suck having the Chief take away our ID.

 

[Len-2A Training]

ANY firearms offense is automatic lifetime DQ for ownership of LTC, firearms IIRC! Doesn't matter how petty the offense is.

 

[tele_mark]

ANY firearms offense is automatic lifetime DQ for ownership of LTC, firearms IIRC! Doesn't matter how petty the offense is.

Except if you happen to let your 8 year old kid pick up your service weapon in the PD and put a hole in the ceiling. That's ok.

 

[Coyote33]

Yeah, but it is James West!

Maybe Artemus Gordon was in trouble.

 

[Rob Boudrie]

ANY firearms offense is automatic lifetime DQ for ownership of LTC, firearms IIRC! Doesn't matter how petty the offense is.

Len -

You've got a 100% accuracy rating on these forums, and you get to keep it since it was an IIRC .

The disqualifier which you are referring to is for

violation of any law regulating the use, posession, ownership, transfer, purchase, sale, lease, rental, reciept or transportation of weapons or ammunition for which a term of imprisonment may be imposed.

Note that I am talking about the statuatory disqualifiers, not those which are used for the "suitability" judgement.

Also, I do not know if there are any gun or ammo laws which do not provide for potential imprisonment. If there are no such laws, Len's statement is correct.

 

[Len-2A Training]

At least for the one in question:

or by imprisonment in a jail or house of correction for not more than three months, or both.

I had heard that the hunters who got bagged for "loaded gun IN a vehicle" when they leaned their shotguns against the bumper to take a piss, were retroactively DQ'd per Ron Glidden! There was a small fine which they paid ($25 or $50 IIRC), but the "crime" allowed for some small amount of jail time. This was a EPO "ball buster" favorite ticket to write, and hardly anyone would take the time off work to go to court to fight it. Many years later (1998) they come to regret that decision!

So, yes I could potentially be wrong here in a legal sense (which is what I meant), but I'm not sure of any "civil fines" (no possibility of jail time) for gun owners in our statutes.

And Rob, thanks for the accolades but there have been a few times that I have been wrong . . . none of us are perfect!

 

[Producer]

leaned their shotguns against the bumper to take a piss

Did that once. Glad my best friend I was hunting with told me I did wrong.

Would hope no one was DQ'd over that if ther were inches away.

 

[JonJ]

If you're holding the gun and you miss-aim and the stream hits.....Ahhhh forget it.