Defending your PETS????...
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Thread: Defending your PETS????...

  1. Defending your PETS????...

    Here's a different question. In my home state of VA,could deadly force be used to defend my dog, or cat,from being killed or maimed by another animal? If my dog was attacked while out walking with me,and was leashed,could I lawfully shoot it? I do relize that there would have to be mitigating factors,like a bigger dog..etc,However,I was wondering about this. Any advice,even if from another state,would be appreciated.

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  3. #2
    Join Date
    May 2010
    Location
    Flint, Michigan
    Posts
    756
    Ive heard its a touchy subject, but however, if you feel in someway you could possibly be harmed by the loose animal. Heres some stuff that I had found. Hope it helps.
    "[O]ne is 'privileged to destroy an animal for the purpose of defending himself or third persons against harm threatened by the animal, (a) if its actions led him to know or reasonably believe that the animal would inflict such harm and (b) the destruction was reasonable in view of the gravity of the harm threatened and (c) the person reasonably believed the harm could be prevented only by immediate destruction of the animal." (Devincenzi v. Faulkner (1959) 174 Cal.App.2d 250, 254-5.)

    The law of self-defense permits aggression only for the purpose of meeting aggression. It does not permit revenge killing. "It is not the dog's predatory habits, nor his past transgressions, nor his reputation, however bad, but the doctrine of self-defense, whether of person or property, that gives the right to kill." (State v. Smith (1911) 156 N.C. 628, 72 S.E. 321.) There is no legal justification that will protect a person for killing or injuring a dog that bit him or her at a prior time, if the dog presented no threat at the time of the killing or injuring.

    In California, people have a statutory right to kill dogs that attack certain listed animals, and a common-law right to defend their other domestic animals from attack under most circumstances. Other states have laws that are similar in nature; however, the list of animals might be different, so the laws have to be read carefully.

    California provides a privilege to kill any animal that is worrying, wounding or killing certain other animals. California Civil Code section 3341, subdivision 2, states that any person can kill any animal (including a dog) that is off the premises of the owner and is worrying, wounding or killing certain listed animals:

    3341, subd. 2. Any person on finding any dog or dogs, or other animal, not on the premises of the owner or possessor of such dog or dogs, or other animal, worrying, wounding, or killing any bovine animals, swine, horses, mules, burros, sheep, angora or cashmere goats, may, at the time of finding such dog or dogs, or other animal, kill the same, and the owner or owners thereof shall sustain no action for damages against any person so killing such dog or dogs, or other animal.
    The section [Civil Code sec. 3341] was not intended to, nor does it, abridge the common law right of a person to defend his domestic animals against the attacks of dogs, or to kill such dogs when the circumstances warrant the belief that his property is in peril. At the common law the justification for the killing was complete when it appeared that the dog was engaged in worrying and terrifying domestic animals in their own lawful enclosure, and where the necessity of the killing in order to protect the property was apparent." (Sabin v. Smith (1915) 26 Cal.App. 676, 678-9.)

    The right to kill a dog or other animal that is attacking a domestic animal is not affected by consideration of which animal is more valuable. "The right to kill a dog found trespassing and endangering property is not affected by the relative value of the dog and the property being injured." (Sabin v. Smith (1915) 26 Cal.App. 676, 680.)

    In some states it is legal to kill a vicious dog that is running at large. For example, the law of Alaska makes it legal to kill a dog if (a) it "has ever bitten or attacked a human being" when "unprovoked", and (b) is running at large:

    Sec. 03.55.010. Killing of vicious or mad dog authorized.
    Any person may lawfully kill any vicious or mad dog running at large.
    Sec. 03.55.020. Dogs deemed vicious.
    Any dog which when unprovoked has ever bitten or attacked a human being is considered vicious within the meaning of AS 03.55.010.

    Heres the site I got the info from. Hope it helps.
    DOG BITE LAW - Legal Rights of Rescuers Who Incur Dog Bites
    Only two defining forces have ever offered to die for you, Jesus Christ and the American Soldier....One died for your soul; the other for your freedom.

  4. #3
    I would not shoot an attacking animal to defend my dog. I would shoot it to defend ME. Being in fear for MY safety should work in any state. It would be purely coincidental that my actions protected my dog. That's my story, officer, and I'm sticking to it

  5. #4
    Join Date
    May 2010
    Location
    Los Angeles, CA
    Posts
    7
    I vote for HardCorps53.

    and Thanks for ITSTJS, I'm Californian and I didn't know I can kill other animal to defend mine.
    But....
    I don't know about VA, but if it's California, I don't think Discharging firearm wold be waived (justified) for saving domestic animal.

    if I use stick, 2x4, rock, flower pod etc...to defend my dog (cat) , then other animal dead, It maybe no charge as itstjs's info.
    but I think discharging firearm will be justified by only defend myself or other "human" not domestic animal or property (at least California)

    So, you may not be charged for killing animal by defend yours.
    But maybe charged for discharging firearm (other than legal hunting area, licensed shooting range).

    I would say, "I try to save my dog (cat) but other animal turned to me. I had to discharge firearm and kill that animal to defend myself" to incident report.

  6. It seems to be legal in Texas, judging by the fact that the Governor did it not too long ago.

  7. #6
    Quote Originally Posted by HardCorps53 View Post
    I would not shoot an attacking animal to defend my dog. I would shoot it to defend ME. Being in fear for MY safety should work in any state. It would be purely coincidental that my actions protected my dog. That's my story, officer, and I'm sticking to it
    My thoughts exactly.

  8. #7
    Pets are not covered in oklahoma, they are considered personal property and not able to use deadly force to protect.
    -Austin

  9. Is one able to protect their pets from rape with deadly force?
    Retired US Army Medic
    Proud Husband, Dad and Christian
    www.nationofshooters.com

  10. #9
    Join Date
    Dec 2008
    Location
    Bellingham, WA, USA
    Posts
    733
    Quote Originally Posted by kn1080 View Post
    Is one able to protect their pets from rape with deadly force?
    Hey, KN, you might want to take Fido for a walk in a less rough part of town!
    "The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." Thomas Jefferson

  11. Quote Originally Posted by Boomboy007 View Post
    Hey, KN, you might want to take Fido for a walk in a less rough part of town!
    LOL... I cant stop laughing.

    I hope you know that YOU (BOOMBOY) and your comment about Ms. Piggy are the one who caused me to post that question. LOL
    Retired US Army Medic
    Proud Husband, Dad and Christian
    www.nationofshooters.com

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