NEWBIE T/A

If I were to shoot a dog that was attacking mine while walking on a public sidewalk :

• Legal, because I am protecting my property ( my dog ) ?
  
• Illegal, because my life was not being threatened ?
  

Sure, I could claim my life was in danger , and it might well be, but I am curious as to the legality if that was not the primary reason.

If someone was stealing my car I could AFAIK.

Thanks !

Britt

firetird

I don't know the answer to your question and I would like to know from a lawyer but IMO, if a dog is attacking your dog, you should be able to kill. What is going to keep the dog from attacking you after it is done with your dog?

n2ceptor

So, you have a loose dog running around your neighborhood?????
Walking your dog on a leash???
If you are in the city limits, contact the local animal control officer...

Issue like this can go either way.....

AdioSS

I would also like to know. There are dogs that run free around my house in a residential neighborhood. They are usually a lot larger than my dog. My dog spends lots of time in my fenced in (chain link) backyard, but sometimes I walk him on a leash. He barks at anybody that he sees while out there, so it is possible that another dog could react negatively and go after him, possibly even getting into my yard. In that case, I would likely use a .22LR, but a rifle is too large to carry while walking around the neighborhood.

texas97z

I don't know the answer, but I wouldn't wait to find out. If a dog starts coming at me or mine(wife,kids, one of my dogs) and I feel like it might attack, done deal. I would not take any chances. "Leash laws" are not only to protect people from dogs, but also to protect dogs from being killed by people without cause. If the dog is off a leash, then it raises a question to most people right away, is the animal safe?

That haven been said there have been dogs running the neighborhood from time to time with no collar or leash, but they have never snarled or charged me so know need to hurt the animal. But I certainly would not hesitate if I felt like there was a threat.

camaro383tt

a house down the street from mine has 2 pit bulls and they let them run loose. they got into my back yard oneday and my wife called me abotu them. I told her to get the pistol and go shoot them if she felt threatened by them. she didnt do it but thats whats going to happen if I see them in my back yard.

another neighbor has had problems with those dogs being agressive around his wife and kids.

the spindoctor

i saw this on another board a while back, unless they've changed things since then. it doesn't look like killing the dog an issue, whether or not you use a firearm to do so, i'm still not sure. i'm guessing that a better defense than trying to protect your property (your dog) would be that an attacking stray dog is a threat to your personal safety.


Sec. 822.013. DOGS OR COYOTES THAT ATTACK ANIMALS. (a) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by:
(1) any person witnessing the attack; or
(2) the attacked animal's owner or a person acting on behalf of the owner if the owner or person has knowledge of the attack.
(b) A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote.
(c) A person who discovers on the person's property a dog or coyote known or suspected of having killed livestock, domestic animals, or fowls may detain or impound the dog or coyote and return it to its owner or deliver the dog or coyote to the local animal control authority. The owner of the dog or coyote is liable for all costs incurred in the capture and care of the dog or coyote and all damage done by the dog or coyote.
(d) The owner, keeper, or person in control of a dog or coyote that is known to have attacked livestock, domestic animals, or fowls shall control the dog or coyote in a manner approved by the local animal control authority.
(e) A person is not required to acquire a hunting license under Section 42.002, Parks and Wildlife Code, to kill a dog or coyote under this section.

Vb112

Just tell your neighbor that if they don't leash or control their dogs then you're going to have to shoot them if they come back on your property. If they don't change their ways after that then they really don't care for the dogs. Call the city to come get them. The dogs would be better off with someone else.

texz

Depends on who has the better lawyer.

mitchntx

I doubt telling a judge after the fact that "folks on CamaroZ28.com said it was OK" is any kind of precedent he would be willing to make a ruling on.

neil350

Britt,

My dad was walking our dalmatian when they were attacked by two loose rotweliers, our dog got all the beating but in that case, I can't see why the law wouldn't be on your side if you were lawfully caring a weapon. Especially with all the recent dog attacks, it's understandable

psychocabbage

A lawyer would establish successfully that pets are part of the family. As such, one being attacked would bring out instictive actions such as shooting the assailant dog.

If you are walking your monster dog and a toy poodle or chihuahua attacks it and you shoot the little dog, well then you may not get out of that one.. but if it were reversed and you couldnt stop the attack in any reasonable way, then yes. Fire away.. now, knowing what I know about dogs and fighting and peoples reactions, could you shoot straight enough to not hit your own dog?