As it applies to hunting, what is the legal definition of "occupied dwelling"? I can find it defined for other states, but not Massachusetts. In some states it applies to houses occupied at least 6 months a year. In other it applies to even tents and sheds. I'm specifically interested in summer houses, which appear to be occupied only during the summer.
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Mass definition of occupied dwelling
- Thread starter Wadcutter
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smokey-seven
NES Member
I was always confused with a business as opposed to a residence.
So what is the definition of "in use"? I'm pretty sure you can't hunt within 500' feet of someone's house once everyone leaves for the day to go to work. Is a summer home, unoccupied during the winter, considered "in use" in MA?
Editor
NES Member
A commonsense approach may work in the real world but has little traction in a courtroom. If terms are not definied in the cannon of the law, they are therefore open to legal argument, judicial interpretation, and redefinition -- and that, regrettably, may be far from common sense.
Chevy 2 65
NES Member
And people wonder why things are hard to understand and all gone to shit. When you have people asking what's the definition of "in use" COME ON ! man really.
JRT
NES Member
What about a rabbit hole? Is that considered a dwelling? I mean, it is to a rabbit.
That seems to be the only way to go. Can't find a definition anywhere.
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Not sure what you're trying to say there.
JRT
NES Member
Do you think that was trolling? Maybe a poke at people who worry about everything?? You can say it was a lame joke but trolling, no. You seem smarter than that.
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Good luck getting anything in writing from mass fish and wildlife. Or any other .gov agency.
Thats what attorneys and their retainer fees are for!
But it dwelling is use seems pretty simple. I remember I had an argument years ago about hunting next to an abandoned, obviously out of use building. Someone pointed out that it could be shelter for homeless people and that could get you jammed up. Whatever.
Thats what attorneys and their retainer fees are for!
But it dwelling is use seems pretty simple. I remember I had an argument years ago about hunting next to an abandoned, obviously out of use building. Someone pointed out that it could be shelter for homeless people and that could get you jammed up. Whatever.
Yes, it seems very simple to me, but that doesn't mean the state agrees. I hunt in a spot where I am literally watched by antis. I was hoping someone had a legal definition so if they call DNR guy to investigate I have a ready defense. Maybe now I'll go over to a law forum and ask for their thoughts on 9mm vs 40 S&W.
Really? You should go tell them that they don't exist:
http://www.townofbourne.com/natural-resources
Chevy 2 65
NES Member
Dude, give it up please. If you are that worried you should find a new hunting area. LET IT GO!
StevieP
NES Member
I (perhaps mistakenly) assume an occupied dwelling is defined as a home with ONE OR MORE PEOPLE PHYSICALLY INSIDE.
An unoccupied dwelling may be "in use" (lived in) but has, at the time, no one inside.
An unoccupied dwelling may be "in use" (lived in) but has, at the time, no one inside.
Seems to me, if a gun is fired in the forest and there's no one there to report it to the police, did it make a sound?
But as in all things, it's probably dependent on the specific LEO who takes the phone call. Enforcement is often based on an interpretation of the law, so I'd ask the Chief LEO in the town you're considering hunting. Just my $.02
But as in all things, it's probably dependent on the specific LEO who takes the phone call. Enforcement is often based on an interpretation of the law, so I'd ask the Chief LEO in the town you're considering hunting. Just my $.02
Just stay 500' away, why take a chance, its 500' not 10 miles. The "in use" is probably open to interpretation like everything else in this state and the interpretation will most likely not be in your favor.
the_shootist
Banned
Aren't occupied dwellings illegal in MA?
MisterHappy
NES Member
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Problem with that is, if you're hunting within 500' of a dwelling where everyone is at the mall, and one of them comes back, and you didn't know.
You put a slug, arrow, or BP round into Bambi, who staggers into the above-mentioned yard, and bleeds out. When the local PD is called, and they call the EPOs, and the tree stand is found too close, "Nobody was home" is not going to go over too well.....
You've seen the big, white signs with a big red "X" on them, to let the fire dept know that there's nobody there? That's what I, personally would call "unoccupied".
45collector
NES Member
I prefer to play it safe and just stay away from any buidings in use. If its an abandoned house falling to pieces, thats another story. The problem with this approach is that especially on the Cape where I mostly stay to hunt deer, they are bedded down very close to houses and back yards in many areas of the Cape. They know the deal.
