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Effective

Boston Firearms Discharge Ordinance

Municipal

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, or ceremonial purposes

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. Per Connors v. City of Boston (1999), preemption requires either express legislative intent or a "sharp conflict" between local and state regulation.

Sources

[1] City of Boston. Municipal Code, Chapter 16

[2] Massachusetts Legislature. MGL Chapter 269, Section 12E

Chapter 269, Section 12E

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