Is Shooting an Attacking Dog Considered Self Defense By Law?

[FN1910]

If you are in SC and inside a city that has an ordinace against firing a gun inside the city limits I suggest you read SECTION 23-31-510-2. and bill S.122.

S.C. Code of Laws Title 23 Chapter 31 Firearms - www.scstatehouse.gov-LPITS

2011-2012 Bill 122: Self defense - South Carolina Legislature Online

This is the preemption laws of SC. Right now it sure appears to me that if you are being attacked by a dog or other wild animal and you shoot it you can still be charged for shooting a gun inside the city limits. If you are a resident of SC write your Senator and Representative to ask them to get behing S. 122 and lets get this thing passed.

[kelcarry]

Hey FN: Without my reading all of the Code, are you telling me that if I am in imminent danger of death or great bodily injury anywhere in SC, I cannot use my firearm? Code of Laws Section 16-11-440 may say "person" but if it is a pit bull and it has attacked, I venture to say a jury will find reasonable presumption of imminent danger.

[enfield]

It also would depend on where you are. Shooting a dog on someone else's property could get you in a world of hurt.

I'll take my chances with the law, NOT with the dog.

[handgonnetoter]

It seams like I remember this thread once before. I don't know for sure what the law is around here, but I would use my gun to keep an attack dog off of me. I think this is a common sense kind of thing.

[FN1910]

Hey FN: Without my reading all of the Code, are you telling me that if I am in imminent danger of death or great bodily injury anywhere in SC, I cannot use my firearm? Code of Laws Section 16-11-440 may say "person" but if it is a pit bull and it has attacked, I venture to say a jury will find reasonable presumption of imminent danger.

Most cities in SC have an ordinance againt the discharge of a firearm (or any other weapon) inside the city limits. For instance the City of Florence has:

Municode - Search Carolina

Sec. 14-19 - Weapons—Discharge.

It shall be unlawful for any person to use, shoot or discharge any gun, pistol, rifle or other firearm or any slingshot, bow and arrow, air gun or any device for throwing missiles.

Bolding my emphasis

If you fire a gun inside the city limits you have violated that ordinance and have to rely on some other law to cover you no matter what your reason for firing the gun. This law has so many exceptions to it including a LEO cannot fire a gun inside the city limits or a child can't use a "rubber band gun" inside their home until it should either be changed or declared unconstitutional and eliminated.

You can look up the codes for many SC cities on that site, for instance the code for Rock Hill is:

- Discharging firearms or air rifles; engaging in dangerous sports.

The discharging of firearms within the city, the discharging of air rifles within the city, and engaging in any dangerous sport on any of the streets or public squares within the city is prohibited.