shooting on your own land

[milktree]

Stuff I know:

- You can't shoot within 500 feet of an occupied building (dwelling?) without permission from the occupant.

- there's some exception for "bona-fide range" (not sure what makes a range "bona-fide")

Does the first one mean that as long as you're 500' from a dwelling, and you're not shooting in such a way the bullets can hit things you shouldn't shoot, you can just do it without special permission and they can't really make you stop; or does it mean that you cannot ever get the right .gov permission if you fail that test.


The background is that a couple friends just bought a 50 acre chunk of land with a house on it that backs up to preservation land, so there's nobody downrange for long way.

They're licensed and have their own guns, and would love to be able to shoot at their house. Plus, I'd love to be able to shoot there.

What're the considerations? They're in Ashburnham.

 

[Wickedcoolname]

150 feet from a paved road and 500 feet from an occupied build, as you wrote. Otherwise, good to go.
Edit: Here's a link to Ashburnham bylaws.
I didn't see anything in there, but take a look, maybe it's buried somewhere.

https://www.ashburnham-ma.gov/town-administrator/files/general-bylaws

 

[DJBrad]

Gtg with the legal setbacks. I shoot on 25 acres often with rolling hills and dense forest. I can get away with 100 yards.

 

[pastera]

General Law - Part IV, Title I, Chapter 269, Section 12E

malegislature.gov

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. The provisions of this section shall not apply to (a) the lawful defense of life and property; (b) any law enforcement officer acting in the discharge of his duties; (c) persons using underground or indoor target or test ranges with the consent of the owner or legal occupant thereof; (d) persons using outdoor skeet, trap, target or test ranges with the consent of the owner or legal occupant of the land on which the range is established; (e) persons using shooting galleries, licensed and defined under the provisions of section fifty-six A of chapter one hundred and forty; and (f) the discharge of blank cartridges for theatrical, athletic, ceremonial, firing squad, or other purposes in accordance with section thirty-nine of chapter one hundred and forty-eight.

General Law - Part I, Title XIX, Chapter 131, Section 58

malegislature.gov

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.

On a clearly established range (not temporary) the only setback is the 150' from a road.
However, most cops don't know this and will give you a hassle with the 500' setback from an occupied dwelling (which doesn't apply).

 

[DJBrad]

General Law - Part IV, Title I, Chapter 269, Section 12E

malegislature.gov

General Law - Part I, Title XIX, Chapter 131, Section 58

malegislature.gov

On a clearly established range (not temporary) the only setback is the 150' from a road.
However, most cops don't know this and will give you a hassle with the 500' setback from an occupied dwelling (which doesn't apply).

I have many “test ranges”

 

[zboys]

I have 3 acres and am able to shoot on my land.
it's not the acreage that matters, it's the shape of the land.

 

[DJBrad]

This one is next door and has some nicely cleared lanes for you milktree.

https://redf.in/qlgv1J

 

[milktree]

This one is next door and has some nicely cleared lanes for you milktree.

View attachment 735406

https://redf.in/qlgv1J

I can't actually find it on an actual map. The listing shows the historical society.

 

[milktree]

On a clearly established range (not temporary) the only setback is the 150' from a road.
However, most cops don't know this and will give you a hassle with the 500' setback from an occupied dwelling (which doesn't apply).

I wonder what "clearly established" means in practical terms. A target stand that's heavy and hard to move? A bench where you shoot from? Dirt berms? Signs around the perimeter saying, "danger, shooting range"?

Obviously if you did *all* of those it would be clear, but what if it was just one of them?

 

[milktree]

150 feet from a paved road and 500 feet from an occupied build, as you wrote. Otherwise, good to go.
Edit: Here's a link to Ashburnham bylaws.
I didn't see anything in there, but take a look, maybe it's buried somewhere.

https://www.ashburnham-ma.gov/town-administrator/files/general-bylaws

That appears (based on searching for "firearm" and "shoot") that the only additional restriction beyond state law is increase from 150 to 200 feet from a paved road.

Thanks!

 

[pastera]

I wonder what "clearly established" means in practical terms. A target stand that's heavy and hard to move? A bench where you shoot from? Dirt berms? Signs around the perimeter saying, "danger, shooting range"?

Obviously if you did *all* of those it would be clear, but what if it was just one of them?

A backstop with target stands at the end of a cleared and groomed shooting lane passed the sniff test in my town.

 

[M1911]

I wonder what "clearly established" means in practical terms. A target stand that's heavy and hard to move? A bench where you shoot from? Dirt berms? Signs around the perimeter saying, "danger, shooting range"?

Obviously if you did *all* of those it would be clear, but what if it was just one of them?

It’s not defined. Want to be the test case?

 

[pastera]

It’s not defined. Want to be the test case?

Definition of ESTABLISH • Law Dictionary • TheLaw.com

Legal definition for ESTABLISH: This word occurs frequently in the constitution of the United States, and it is there used in different meanings: (1) To settle firmly, to fix unalterably ; as to establish

dictionary.thelaw.com

ESTABLISH
THELAW.COM LAW DICTIONARY & BLACK'S LAW DICTIONARY 2ND ED.

This word occurs frequently in the constitution of the United States, and it is there used in different meanings: (1) To settle firmly, to fix unalterably ; as to establish justice, which is the avowed object of the constitution.

Still would need to argue in court if the locals get ugly.

 

[jek]

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,...
============
I never gave this much thought since I only have a couple of acres. However, this only mentions keeping the discharge area 500 ft+ away from a dwelling. I know I would likely be the trial case, but given that wording could I set up a shooting bench 500 ft_+ away from nearby dwellings and fire at targets with a backstop which would be a natural hill in my yard even if the target is within the 500 ft of the closest dwelling? I may be able to do this given the shape of the lot.

 

[DJBrad]

I can't actually find it on an actual map. The listing shows the historical society.

Yeah. On the explorater app there are a large amount of high acerage lots. That is right on the border with NH. That road would be a good area to choot ‘em.

 

[DJBrad]

Just do it

 

[MisterHappy]

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,...
============
I never gave this much thought since I only have a couple of acres. However, this only mentions keeping the discharge area 500 ft+ away from a dwelling. I know I would likely be the trial case, but given that wording could I set up a shooting bench 500 ft_+ away from nearby dwellings and fire at targets with a backstop which would be a natural hill in my yard even if the target is within the 500 ft of the closest dwelling? I may be able to do this given the shape of the lot.

Per the law cited above, the 500' setback is only if you are not on a range.

IANAL