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, rifle, or shotgun within 500 feet of a dwelling or other building in use, except with the owner or 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
MGL Chapter 40, Section 21(1) permits municipalities to prohibit firearm discharge on private property except with landowner permission. Under the Home Rule Amendment, municipalities have broad regulatory power. In Amherst v. Attorney General (1986), the SJC upheld local bylaws prohibiting discharge within town limits. Boston may regulate discharge more strictly than the 500-foot state rule, and in practice, any firearms discharge within Boston's dense urban environment would almost certainly violate Section 12E and potentially other provisions.
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