An Act prohibiting gunfire directed at dwelling houses
Lead Sponsors: Representative Rady Mom and Senator Edward J. Kennedy
Impetus
There is no statute that specifically addresses discharging a firearm at dwelling house. Over the last few years, there has been an alarming increase statewide in this dangerous activity directed at residential buildings, particularly in densely-populated urban communities. Shooting at dwellings, apartments and homes creates a serious risk of injury or death to the occupants. There must be a crime that fits the act, and a punishment that fits the crime.
Current laws provide a range of possible charges that does not appropriately respond to this offense. If the shooter causes damage to the dwelling or the property inside, the shooter may face a charge of willful and malicious destruction of property under G.L. c. 266, § 127. That offense requires proof that the shooter intended to do damage and acted with malice towards the occupants. If the damage is not intentional and done with malice, the shooter may be charged with a lesser offense.
If the shooter does not cause damage to the dwelling or the property inside, the shooter may be charged with minor offenses, such as disturbing the peace or disorderly conduct (G.L. c. 272, § 53), or with discharging a firearm within 500 feet of a dwelling (G.L. c. 266, § 12E). A first offense disturbing the peace or disorderly conduct carries a fine only. Discharging a firearm has a maximum penalty of 90 days in jail.
This Bill would create a new crime with a five year maximum penalty that would punish the shooter who intentionally shoots at a dwelling, a home, or an apartment. This Bill protects peoples even if the shooter has the intent only to frighten those in their home, and has no intent to injure anyone in the targeted homes.
Need
- There is no statute that specifically addresses discharging a firearm at a dwelling house.
- When a case arises, prosecutors are forced to charge a defendant with imperfect alternatives such as discharging a firearm within five hundred feet of a dwelling, or malicious destruction of property
- Whether a shooting is directed at a house and the people therein to intimidate and cause fear, or with the intention to physically harm someone insides or believed to be inside, the penalty should reflect the seriousness of that offense.
Legislative Fix
- Establishes an appropriate and precise charge for the act of intentionally discharging a firearm at a dwelling.
- Provides a range sentencing options that are proportional to this level of crime.