Section 12E: Discharge of a firearm within 500 feet of a dwelling or other building in use; exceptions

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Section 12E.

(a)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, shall be punished by a fine of not less than $50 nor more than $100 or by imprisonment in a jail or house of correction for not more than 3 months, or both such fine and imprisonment.

(b)This section shall not apply to any of the following:

(i)the lawful defense of life and property;

(ii)any law enforcement officer acting in the discharge of their duties; or

(iii)the discharge of blank cartridges for theatrical, athletic, ceremonial, firing squad or other purposes in accordance with section 39 of chapter 148.

(c)This section shall not apply to a dwelling or building on the same property as:

(i)persons using underground or indoor target or test ranges with the consent of the owner or legal occupant thereof;

(ii)persons using outdoor skeet, trap, target or test ranges with the consent of the owner or legal occupant of the land on which the range is established; or

(iii)persons using shooting galleries, licensed and defined under the provisions of section 56A of chapter 140. Nothing in this section shall exempt any person from compliance with noise control laws, regulations, ordinances or by-laws in effect or from the prohibitions of section 58 of chapter 131.