Is Shooting an Attacking Dog Considered Self Defense By Law? - Page 2
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Thread: Is Shooting an Attacking Dog Considered Self Defense By Law?

  1. #11
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    It probably has been said in the some of the texts already, but I cannot see the difference between defending yourself from imminent danger of death or great bodily injury when it is a slime or if it is a dog. Key point is your presumption of imminent danger and, IMO, it should be as immediate and dangerous as a perp with a knife or a firearm or any other instrument that can cause your death---there is no difference in this case between a dog and a perp. If you are going to look at this from the point of view that a bit of growling and a pretense to attack is enough to point a firearm at a dog and shoot it, now you are into a different take on the law and I would think states have varied attitudes about this situation. It has been said before but should be reinforced that in many states, animals are just property and not subject to the kind of protection you would give yourself; they are not considered to be subject to pain and suffering etc and this cannot be sued for; you can sue for the cost of the dog but not pain and suffering etc---property does not have any "pain". Sounds crazy but it is the definition of the law in many agragrian-based states, where animals are equivalent to a tractor.

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  3. #12
    Quote Originally Posted by kelcarry View Post
    It has been said before but should be reinforced that in many states, animals are just property and not subject to the kind of protection you would give yourself; they are not considered to be subject to pain and suffering etc and this cannot be sued for; you can sue for the cost of the dog but not pain and suffering etc---property does not have any "pain". Sounds crazy but it is the definition of the law in many agragrian-based states, where animals are equivalent to a tractor.
    Don't worry, I am sure the PETA folks will find a way to get a lawsuit for animal pain and suffering at some point. That's assuming that they didn't kill the animal in question themselves.

  4. #13
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    PETA and their cause is irrelevant in SC when it comes to an issue such as what this thread is about. Sure they can sue and cause a pain in the ass but the bottom line is still that a dog is nothing more than a rake or a tractor or a screwdriver and if they do not feel pain, a dog does not feel pain. Whole argument on this and the other thread is moot if you truly presume imminent danger of death or great bodily injury--it is beyond the law--it is basic common sense. Then again, common sense in this country has gone out the window big time. Gray is the color (not black and white) and the lawyers make all the money. All we can do is "keep truckin" and keep our castle free, at least in SC.

  5. #14

    Thumbs down Peta

    Quote Originally Posted by kelcarry View Post
    PETA and their cause is irrelevant in SC...
    I wish I could say that about all fifty states.

  6. #15
    I have neighbors with two large rots, who appear to be somewhat difficult to control when I run by their house or them when they are being walked. I usually carry at least one pepper spray when I run. Last week we had some snow on the ground and as I was running by their house, the Mrs. was leaving the garage area with the 2 rots on leashes for a walk. They saw me and suddenly moved towards me, which caused the Mrs. to be dragged halfway down her driveway on her back. Thanks to the weight of my neighbor, the dogs never got closer than about 16-20 feet to me. There is no "bad blood" between myself and those particular neighbors. However, I was quite a bit worried that day when it seemed like control of the dogs was not what it should have been and that I might have had to act to defend myself.

    I have also been chased by small dogs (bulldogs and chihuahuas) for which I have a hard time even justifing the use of pepper spray, but using spray would probably be safer than giving them a PAT style kick which would probably be my first reaction if they drew blood!

    Yet another scenario where one has a split second or two to evaluate the potential for imminent danger and "retreat" may involve climbing up a tree because running away won't work! For Pennsylvania, I assume the use of lethal force is the same for dogs as it is for people, and we currently have a rather weak castle doctrine law.

  7. #16
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    Quote Originally Posted by G50AE View Post
    I wish I could say that about all fifty states.
    Other version of PETA applies. People Eating Tasty Animals.

    Florida says we can shoot the dog.
    767.03. Good defense for killing dog

    In any action for damages or of a criminal prosecution against any person for killing or injuring a dog, satisfactory proof that said dog had been or was killing any animal included in the definitions of "domestic animal" and "livestock" as provided by s. 585.01 shall constitute a good defense to either of such actions.

  8. #17
    where is a good place to check your local laws for texas. the dps website is all mumbo jumbo. anything will help, just in case this happens to me in tx.

    thanks yall

  9. #18
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    Hey aj: If you are looking for TX CC, CCWP. and some self-defense info, this site is the place. If you are looking for more specific info on self-defense per TX, just use your internet and some time and you should be able to find pertinent TX law online. Should be easy to find.You can always ask your local LEO dept for specific answers to questions and reference to applicable rules of law.

  10. #19
    Are you going to call your lawyer every time before pulling your pistol? Would you rather be alive and in the wrong, or dead/maimed and in the right?

    If I felt threatened by a dog, I'd draw and try to get some space between me and the dog. If the dog got within 23-30 feet of me and I still felt I was going to be attacked, I'd shoot the damn thing!

    I've been in this situation, I drew, the dog stopped, and its owner came over the hill, called the dog and the dog left.
    - enfield

    Free men do not ask permission to bear arms.

  11. #20
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    Quote Originally Posted by enfield View Post
    Are you going to call your lawyer every time before pulling your pistol? Would you rather be alive and in the wrong, or dead/maimed and in the right?

    If I felt threatened by a dog, I'd draw and try to get some space between me and the dog. If the dog got within 23-30 feet of me and I still felt I was going to be attacked, I'd shoot the damn thing!

    I've been in this situation, I drew, the dog stopped, and its owner came over the hill, called the dog and the dog left.
    It also would depend on where you are. Shooting a dog on someone else's property could get you in a world of hurt.

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