When is it legal to shoot an attacking animal?

[toreskha]

I was out recently canvassing for McCain/Palin in a fairly upscale neighborhood. We stopped the car, got out and started going to some houses. There was a large dog (90-100 lbs) wandering through the neighborhood the entire time, but he never got aggressive, until we walked into what was apparently his yard. I literally put one foot on the grass, and he went nuts and came running at me like an out-of-control moose. Two more of his equally huge friends appeared from behind the house, and stood in the yard watching the whole thing go down.

My friend turned and ran back to the car. I backed up quickly while drawing my P3AT, although I'm not sure what it would have done against a big dog. It didn't work, because drawing from a pocket holster while running is different (at least for me) from drawing while standing still. I've practiced drawing from an IWB while running, but not from a pocket holster.

Both the dog and I ended up at the car; we looked at each other for about 10 seconds while he made the point that I shouldn't come into his yard - although by then I had a good grip on my gun, and then he left. I didn't feel in mortal danger while he was barking at me, but if he had approached my friend I would have had no choice but to shoot him, because he is almost as big as her.

Needless to say, we got in the car and didn't come back.

[45fella]

I was out recently canvassing for McCain/Palin in a fairly upscale neighborhood. We stopped the car, got out and started going to some houses. There was a large dog (90-100 lbs) wandering through the neighborhood the entire time, but he never got aggressive, until we walked into what was apparently his yard. I literally put one foot on the grass, and he went nuts and came running at me like an out-of-control moose. Two more of his equally huge friends appeared from behind the house, and stood in the yard watching the whole thing go down.

My friend turned and ran back to the car. I backed up quickly while drawing my P3AT, although I'm not sure what it would have done against a big dog. It didn't work, because drawing from a pocket holster while running is different (at least for me) from drawing while standing still. I've practiced drawing from an IWB while running, but not from a pocket holster.

Both the dog and I ended up at the car; we looked at each other for about 10 seconds while he made the point that I shouldn't come into his yard - although by then I had a good grip on my gun, and then he left. I didn't feel in mortal danger while he was barking at me, but if he had approached my friend I would have had no choice but to shoot him, because he is almost as big as her.

Needless to say, we got in the car and didn't come back.

The dog would be dead if that were me. Animals are lucky to have homes provided by people, if they are gonna aggressively run towards people in any manner, they have to live with the consequences. They are just animals. That dog may tear a kids face off some day because his soccer ball went into that yard by accident. You should have gotten rid of that animal, you had all the right to. I hope a child getting ripped up someday isn't the reason a dog like that has to be finally put to sleep.

And I carry a .45, no dog will live through the case of lead poisoning I give it.

Aggressive dogs of any kind have no place on this planet.

[docmagnum357@yahoo.com]

From what I have seen, most cases of people shooting dogs wind up outside the realm of self defense. No jury would be very simpathetic to someone sueing another person for shooting their dog, particularly if it ha a reputation of being agressive. So District attorneys usually file charges for "cruelty to animals", "discqaharging a firearm blah blah blah," "reeckless discharge of a firearm", discharge of a firearm resulting in loss of property", or some other archane legal mumbo jumbo that you probably were guilty of. Self defense never seems to be a factor. I would want teeth tracks on my leg if i went to court. I am not sure that would bew enough to get you off of "reckless discharge of a firearm within 1500 feet of a school", or some other such b.s.

[gpbarth]

The sheriff's deputy who taught our CW course blew a dog off his leg while doing a search warrant. It was a pit bull, and the owner actually opened the door and let the dog out. The deputy didn't shoot the dog until it had a firm grip on his leg, and ended up with a few bite marks. The dog ended up with a lethal case of lead poisoning.

[Gallstones]

Most municipalities have leash laws in that dog owners are required to have their dogs under control--ie on a leash. If I am in a public venue like a park and being harassed by someone's uncontrolled nuisance animal then they should have no legal recourse if I kick it, injure it or kill it.

I love dogs, but I do not love being mugged by other people's dogs that are off leash and out of owner control. I should not have to be willing to tolerate that. I know my own dogs and do not allow them to harass other people or other animals.

There have been two consecutive incidents in one of the local parks where unrestrained dogs have not only jumped on me, but one nipped at my hands. That is unacceptable and when I complained to the owner he called me a *****!? What am I to do?

[S&W645]

....

Aggressive dogs of any kind have no place on this planet.

They do if in their own yard that is fenced.

[Ruger357SP101]

Say you go for a walk with your wife in the park, and a dog belonging to another park visitor is off his leash. The dog approaches, growling deep in its throat. At what point are you legally justified in shooting the dog? Do you have to wait until it actually injures you? Until your life is threatened?

I don't know the answer to this question, I'm asking. Please back up your answer with a reference to the law.


(update: I've written to the arkansas state attorney general about this. Will post the answer when it comes)

Ohio laws are AWESOME !

955.28 Dog may be killed for certain acts - owner liable for damages.

(A) Subject to divisions (A)(2) and (3) of section 955.261 of the Revised Code, a dog that is chasing or approaching in a menacing fashion or apparent attitude of attack, that attempts to bite or otherwise endanger, or that kills or injures a person or a dog that chases, threatens, harasses, injures, or kills livestock, poultry, other domestic animal, or other animal, that is the property of another person, except a cat or another dog, can be killed at the time of that chasing, threatening, harassment, approaching, attempt, killing, or injury.

If, in attempting to kill such a dog, a person wounds it, the person is not liable to prosecution under the penal laws that punish cruelty to animals. Nothing in this section precludes a law enforcement officer from killing a dog that attacks a police dog as defined in section 2921.321 of the Revised Code.

(B) The owner, keeper, or harborer of a dog is liable in damages for any...

http://codes.ohio.gov/orc/955.28

Ive talked to law enforcement as well who say the law is very clear.
If the dog is acting in such a way to make me think its going to bite me or my family I can kill it without hesitation.