Boston Firearms Discharge Ordinance

Firearms discharge within the City of Boston is regulated primarily through the state-law framework rather than a standalone municipal ordinance.^[1]

State Law: MGL Chapter 269, Section 12E

MGL Chapter 269, Section 12E^[2] prohibits discharging a firearm, as that term is defined in MGL Chapter 140, Section 121, within 500 feet of a dwelling or other building in use, except with the owner or legal occupant's consent. Penalties include a fine of $50 to $100, imprisonment up to 3 months, or both.

Exceptions

• Lawful defense of life and property
• Law enforcement officers acting in their duties
• Blank cartridges for theatrical, athletic, ceremonial, firing squad, or other purposes in accordance with section 39 of chapter 148

Municipal Authority

Municipal discharge rules rest on home-rule authority and the general police power in MGL Chapter 40, Section 21(1), including the power to preserve peace and maintain internal police. Section 21(1) does not itself contain a firearm-discharge rule. In Amherst v. Attorney General (1986), the SJC upheld a local discharge bylaw. Separately, MGL Chapter 269, Section 12E contains the 500-foot rule and its owner-or-occupant consent provision.

Preemption

Massachusetts has limited preemption of local firearms regulation. Under Connors v. City of Boston, 430 Mass. 31 (1999), a local rule is invalid only when it is in "sharp conflict" with state law, which appears when the Legislature clearly intended to preclude local action or when the purpose of the state statute cannot be achieved in the face of the local rule.