By Chief Steven J. Wojnar

Dudley Police Department

Firearms regulations and questions are always popular.  We receive many reports of people shooting in wooded areas, either for hunting or target practice.  One question we seem to deal with frequently pertains to where are people authorized to lawfully shoot.  I was asked to provide some information on this, including shooting on one’s own property.

  Massachusetts General Laws Chapter 269 Section 12E is the law pertaining to the discharge of a firearm within 500 feet of “a dwelling or other building in use.”  It does not cover property lines; it pertains to the actual location of structures.  For example, someone is shooting on their own property and app. 100 feet from your boundary.  If your house, or other applicable building, is further than 500 feet away, the activity is lawful.  There are several exceptions present in this statute.  One of these allows for shooting within this distance “with the consent of the owner or legal occupant thereof…”  A person would therefore be allowed to shoot in their own yard and not be in violation.  

  Another important point to take under consideration, is the presence of neighboring homes or buildings nearby.  If these places would be within 500 feet of where the shooting is taking place, a person would need consent of those property owners.  Penalties for a violation can include a fine of up to $150 and/or a jail term of up to three months.  For hunting purposes, people must be lawfully present and/or have permission of the property owner to do so.  It is important to know where you plan to hunt, secure the proper permissions, and pay particular attention to sign postings, which may prohibit this type of activity.

  The discharge of firearms must always be taken seriously with the appropriate precautions.  Bullets cannot be recalled in the event of a mistake.  It is also advisable to notify neighbors if you will be target shooting.  Often the sound can cause concern if people are not aware of what is occurring.  It is also important to have a proper backstop for the bullets to land and be sure there is plenty of safe distance behind the target area.  You do not want stray or missed bullets to cause injury or damage.  Always be aware of your surroundings, exercise the appropriate care, and be cognizant of the possibility of a ricochet. 

Is the ice safe?

We are in a very dangerous time involving ice on local waters.  Weather fluctuations cause some ponds to freeze, thaw, then re-freeze.  Much of the ice present on any ponds, at this point, is very thin at best.  A frequent question we as police receive during the winter is, “Is the ice safe?” People want to use the ponds for activities such as skating, ice fishing, hockey, or other recreation.  I wanted to take a moment to remind people to exercise proper precautions when on the ice.  

Certainly, the police will not declare any ice “safe” unless it is a controlled rink or another known location.  Any time water is moving below ice, there is the possibility of thin spots and dangerous areas. This is even more critical at times, such as now, when varying weather conditions are involved.   Cold weather followed by warming causes thawing and re-freezing.  The ice can be thinner in some locations.  It may appear to be thick; however, there is no true way to be certain.  

It is especially important to exercise caution if you make the decision to venture out.  Please avoid areas near open water or any places where you can see under the ice.  You should stay near shore or in places where the water is not deep.  This will allow you to make it back to shore easier and allow you to stand in the event you should fall through.   Whenever children are involved, ice should always be checked by an adult, and they should always have the proper supervision.  It is also critical to avoid using recreational vehicles of any kind on the ice.  In addition to environmental concerns and risk of crashes, the mere weight of these vehicles contributes to the possibility of accidents.

It is important to use your best judgment when venturing out onto the ice, especially at these times of changing weather.  We have experienced some tragic events in the past and we hope to prevent future occurrences.  Please exercise the necessary precautions and be safe.

The increase in COVID cases remains a concern.  For those still seeking vaccination information, it can be found at www.dudleyma.gov or by calling 508-949-8036.  We encourage everyone to be safe.  Your cooperation is greatly appreciated.  During these challenging times, we, at the Dudley Police Department, greatly appreciate the support we receive from our community.  

Thanks again for your questions and comments.  Please send them to me at the Dudley Police Department 71 West Main St. Dudley, Ma. 01571 or email at [email protected].  Opinions expressed in this weekly column are those of Chief Wojnar only and unless clearly noted, do not reflect the ideas or opinions of any other organization or citizen.