do it again and you will be arrested

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Hynzie

Hynzie

Member
Jul 25, 2017
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MA, United States saugus
this is what i was just told by SAUGUS Mass police dept for shooting my 22 cal pcp in my backyard was shooting spinners at 40 yards good back stop im on close to 3/4 of a acre have 60 yards of property behind my backstop officer told me any projectile over 500 fps is a nono that i must be 500 ft from a street this is not how i read MASS law who doi see about clearing this law up any input is helpful thanks pat
 
What does Saugus town law say? If they defer to state law that officer can step back. Make sure there aren't any town or county laws on the subject and get it in writing. Next time they stop by have a copy of that and state law ready to hand them. I've done it with other issues and watched them walk away. Know your rights and don't stop until you have a heading, chapter and paragraph proving you right..
 
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Airguns and BB guns are considered the same thing in MA and are not firearms. Case in point: https://www.masslive.com/politics/index.ssf/2015/11/bb_gun_not_a_firearm_supreme_j.html

You need to find out what the laws are on discharging an airgun/BB gun. It is quite possible that the discharging of an airgun/BB gun is governed by firearm laws. You are in Massachusetts after all.

What prompted the Saugus police department to pay you a visit to begin with?
 
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I’m from Western MA and I hate to even suggest this but you may want to try the AG office. WAIT! Forget I said that! Dumbest idea I ever had!
perhaps GOAL ( http://www.goal.org/ ) may be able to help.

I have the same concern as you and I don’t see anywhere that the FPS is written in the law. I will also contact GOAL to see what they say and to show there is interest in this issue. I guess I’ll also visit my local PD and ask to speak to the chief. I have an acre of land but that should not make a difference.

Another option I’ve long been thinking about is creating a shooting bench that is out of sight from prying eyes. Good luck! Please post what you learn!
 
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Hynzie, I live about 20 min north of you. I spoke with the police chief here about half a year ago who said, "it's not a firearm - do whatever you want on your property. Just don't be stupid and don't bother or scare your neighbors. Use your head." I asked him if he thought there was any "slop" in the definition of the word "firearm". He said, "Section 12 of chapter 129 of the general laws of MA specifically references air rifles with regard to sale to a minor, ownership by a minor and where it is illegal to discharge them. If it was a firearm then there wouldn't be a separate section defining ownership by and sale to minors or where they cannot be discharged." He seemed pretty clear (and clear-headed) about it. But maybe Saugus has some specific town laws?

Here's the text from section 12B of the law: Air rifles; possession by minors; shooting; Section 12B. No minor under the age of eighteen shall have an air rifle or so-called BB gun in his possession while in any place to which the public has a right of access unless he is accompanied by an adult or unless he is the holder of a sporting or hunting license and has on his person a permit from the chief of police of the town in which he resides granting him the right of such possession. No person shall discharge a BB shot, pellet or other object from an air rifle or so-called BB gun into, from or across any street, alley, public way or railroad or railway right of way, and no minor under the age of eighteen shall discharge a BB shot, pellet or other object from an air rifle or BB gun unless he is accompanied by an adult or is the holder of a sporting or hunting license. Whoever violates this section shall be punished by a fine of not more than one hundred dollars, and the air rifle or BB gun or other weapon shall be confiscated. Upon a conviction of a violation of this section the air rifle or BB gun or other weapon shall, by the written authority of the court, be forwarded to the colonel of the state police, who may dispose of said article in the same manner as prescribed in section ten.
 
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Is Massachusetts a Southern Canadian province? Because in Canada 500fps+ bb-gun is considered a firearm, and along with it requires a non-restricted firearm license, which requires several months of license work involving training, exam, application, affidavit signed by your spouse or if no spouse then someone close who knows you for over three years stating that you never threatened any physical harm to anyone and that you are mentally stable (hope you never pissed off or divorced your wife or you may never get a firearm licence for the rest of your life), and a signed photo portrait of you (signed by a person who known you during last couple of years), then the online registration of the bb-gun....after about 6 months (only 6 months in my case because it was expedited) you get your license. By the way, do not attempt to enter Canada with a bb-gun over 500 fps undeclared (and NEVER EVER forget to declare a legal US firearm at the border) because very likely you will be detained for a few days until you get a lawyer and will have to come back to court.

What does this have to do with this case? Count your blessings that we are still a relatively free country and the Nanny-state mentality still did not spread very far South from Canada's Southern socialist provinces (i.e. Washington, Oregon, Wisconsin, Vermont, Massachusetts, Rhode Island, New Hampshire). Count your blessings that you are not forced (yet) to bean-count and break out in sweat from fear for going over the 12 ft/lbs FAC limit by 0.01 ft/lbs!

Rant over...MAGA!

...

PS: If you are an NRA member they may be able to give you the details of the applicable local and state laws. I would remain courteous with the local law enforcement because they are probably were sent on you by a concerned neighbor and they are just doing what they think is right. That is assuming that your local law indeed does not have such limitations like 500 fps projectile and/or discharge of airgun, etc. If they do...you can vote it down next time or move. Or may be able to invite the snowflake neighbor (who turned you in) over for a demonstration of the airgun, the safety precautions you have taken, have them try it and enjoy a couple of beers wiht them (or if they drive a Subaru or Prius, get some wine instead). Diplomacy and education works better than hostility. Bring them into the light from their ignorance.
 
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I go out of my way to avoid neighbors peeking over the fence or whatever, though a couple neighbors are aware of the shooting but also of the precautions I take. Your comment about the officer initially saying something about adding a piece of plywood when there’s plenty of land behind the target would make me question why he said that. Did a neighbor tell him? I’d find the source of the complaint and address them......politely.
 
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I was down in SC last winter shooting in an open field with my Wildcat .25 and had the cops sicked on me twice in 3 days by a young lady who lives behind my mother-in-laws house. Said that I had been shooting a gun that looked like an M-16 for a couple of hours, it was very loud and was concerned because her house had been broken into twice last year. Cops came by and I told them it wasn't an M-16 or anything that looked like an M-16. The field I was shooting in was fallow and was about a mile across … then there was woods and a swamp behind the field. The cops said it certainly looked to be a safe place to shoot, there were no firearm rules or regulations what would have been pertinent to the situation so they went to the young lady's house and explained the situation to her and they had no idea what her house being broken into last year would have to do with a elderly gentleman shooting a pellet gun across the road from her house in an open field.

Two days later she called the cops again and said that I had pointed a gun at her as she was riding by in her car. These cops were not the first bunch of LEOs that had been by 2 days prior and I was in the same field shooting at 125 yards. They had never seen a PCP airgun and were totally fascinated with the gun and the accuracy I was getting from it … they watched me fill it from a tank, looked at my range finder, examined the pellets and then asked whether they could shoot it a few times and I said that would be okay. I had a Sumo moderator on the Wildcat and they simply couldn't believe how quiet it was. They also liked the setup I had with AR-500 steel plates hanging from a 2x4 and said they needed a setup like that to practice for their qualification course. Later that evening when they were off duty, they came by again brought a few of their buddies with them and we opened a few cool ones and went out in the field and used up the rest of my .25 ammo on the steel targets.

As far as pointing a gun at the young lady goes, I told them that I was almost 70 years old, a Vietnam veteran and had seen first hand what can happen by pointing a gun at someone and that I don't do these things to other people and wont have it done to me. They asked if I wanted to file a complaint against her for making false accusations to a police officer and I told them that I didn't think that would help the situation … but seeing the police department out in the field with me shooting the snot out of that Wildcat twice in one day has pretty much calmed her nerves.

Love, Live & Laugh
It's a short pony ride
John
 
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My neighbors were fighting and I was shooting in the backyard when the officer arrived, He got scared I told him don't worry is an air rifle he says that doesn't look like an air rifle so I show him the pellets.. also I asked him if I was braking any law he said if you are 200' from each house there is no problem but if they complain you have to stop.. that was almost a year ago, I'm still shooting in my backyard. In live in seekonk MA
 
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talked to a officer could not get someone with a hi up position to talk to ,asked him to show me 500 fps law he did what i expected and turttled not wanting to say much,,nice guy, he was aware of the situation ,i read him the state law and he reffered me to the town bylaws which reffered back to 12 b MA state code,,, so im going to keep on keeping on ,, he also stated someone keep calling and we have to keep responding ,,i said to him the onus is on you and the complainer ,that if you can show me where im breaking the law i will stop ,even told him if in fact theres a 500fps law,,, i would use a chrono and rifles ,,not sure if i can but im sure i could get something ,left a message for the towns attorny to see what he says 
 
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well just went through the towns police reports ,and lots of bad stuff so the FRIENDLYS down the street and another food place had there windows blown out the old age home a 1/2 mile away had a bunch of windows shot out and several cars,,, the apartment building behind me had windows shot out to one on the side that faces my land on the 7th floor and 3 on the other side of building ,now i know why there calling ,,i wouldnt want my yard to be dangerous ,so i understand why the calls were made ,,as much as it ruins a huge portion of my love for the game ,for now i will shut it down ,,and get clarrification of the law put slats in my fence for my nosey neighbor and go back to the dunes to shoot ,i just hope the same officer is manning the desk when i call to inform the police of me going in the dunes to shoot targets ,,think ill head over to the shooting range a couple towns over see what they offer ,this sux crushes me aghhhh thanks guys for the comments you guys are the best PAT
 
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