Firing a gun within 500 feet of a house or other building in use is a crime in Massachusetts unless the owner or occupant consents or an exception applies. The offense is G.L. c. 269, § 12E, which the 2024 gun law (Acts 2024, c. 135) rewrote. It is a misdemeanor with modest penalties, but a conviction is still a criminal record.
At a Glance: Discharging Within 500 Feet
Misdemeanor
up to 3 months in jail or the house of correction
$50 to $100
fine, with or without jail
500 feet
of a dwelling or other building in use
Consent is a defense
of the owner or legal occupant, plus listed exceptions
The law: G.L. c. 269, § 12E, as rewritten by Acts 2024, c. 135, § 141
What § 12E Prohibits
Section 12E(a) applies to “Whoever discharges a firearm as defined in section 121 of chapter 140 within 500 feet of a dwelling or other building in use, except with the consent of the owner or legal occupant thereof.” The 2024 gun law, approved July 25, 2024, struck the old section and inserted the current text (Acts 2024, c. 135, § 141).
What the Commonwealth Must Prove
The Commonwealth must prove beyond a reasonable doubt that:
- You discharged a firearm, as defined in G.L. c. 140, § 121.
- The discharge was within 500 feet of a dwelling or other building in use.
- You did not have the consent of the owner or legal occupant.
Penalties
A fine of $50 to $100, up to 3 months in a jail or house of correction, or both. With no state prison exposure, it is a misdemeanor. See the difference between misdemeanors and felonies.
Exceptions
Under § 12E(b), the section does not apply to:
- “the lawful defense of life and property”;
- “any law enforcement officer acting in the discharge of their duties”; or
- blank cartridges fired “for theatrical, athletic, ceremonial, firing squad or other purposes” in accordance with G.L. c. 148, § 39.
Under § 12E(c), it also does not apply to a dwelling or building on the same property as:
- an underground or indoor target or test range used with the owner’s or occupant’s consent;
- an outdoor skeet, trap, target, or test range used with the consent of the owner or legal occupant of the land; or
- a shooting gallery licensed under G.L. c. 140, § 56A.
None of this excuses compliance with noise-control laws or with G.L. c. 131, § 58, which separately bars discharging a firearm on or within 150 feet of a state or hard-surfaced highway, and possessing a loaded firearm or hunting on another person’s land within 500 feet of a dwelling in use without the owner’s or occupant’s permission.
The Related Felony: § 12G
The same 2024 law added G.L. c. 269, § 12G. It applies when someone, “by intentional or reckless discharge of a firearm,” actually “strikes a dwelling or other building in use.” The penalty is up to 2½ years in the house of correction or up to 5 years in state prison, a fine of up to $10,000, or both. Because it carries state prison, § 12G is a felony. It has its own exceptions, including lawful defense of life or property and law enforcement officers on duty.
Defenses
- Distance. The Commonwealth must prove the shot was within 500 feet of a dwelling or building in use. Measurements and maps can be checked.
- “In use.” The structure must be a dwelling or a building in use.
- Consent. Consent of the owner or legal occupant defeats the charge.
- Statutory exceptions. Lawful defense of life and property, a qualifying range, or permitted blank-cartridge use. See self-defense.
- The firearm. The weapon must meet the c. 140, § 121 definition of a firearm.
- Identification. The Commonwealth must prove you were the one who fired.
Why a Lawyer Matters
A § 12E charge carries modest penalties, but it is still a gun-related criminal case, and the same facts can support the more serious § 12G charge. Careful work on distance, consent, and the exceptions often decides the outcome. In 23 years of defending clients in Massachusetts courts, I have handled many firearm cases. If you have been charged, contact my office or call 781-393-5900.
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Disclaimer
This article is for general educational information about Massachusetts criminal law. It is not legal advice for your situation, and reading it does not create an attorney-client relationship. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.
