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Dogs being shot
Posted: Tue Jun 19, 2012 4:00 pm
by R3dbull
Recently there have been dogs shot, one in Southlake and one in Ft. Worth. Since dogs are considered members of our families are we legally able to protect them (with lethal force) if we caught someone causing harm to our animals? When would lethal force be ok to use?
Also, is there a difference if the dog is off the leash compared to on leash?
Here is one article:
http://www.star-telegram.com/2012/06/19 ... gling.html" onclick="window.open(this.href);return false;
Re: Dogs being shot
Posted: Tue Jun 19, 2012 4:10 pm
by JCole
The law considers dogs to be chattel, not members of your family; but you can shoot to defend property under some circumstances.
I'd also think that if your dog was off of the leash and on someone else's property, then you might be on pretty thin ice using lethal force. I don't doubt that this topic should stir up plenty of responses on both sides.
Re: Dogs being shot
Posted: Tue Jun 19, 2012 4:21 pm
by R3dbull
I guess it also probably depends upon the breed, in regards to the dog being off leash. If you had your 5lb yorkie running around and somebody started kicking it or what have you, how do you respond? Do you attack that person (punching) or do you draw your weapon?
I live in an area where there are people who don't like dogs, and my dog (Italian greyhound) is of leash sometimes, and just trying to see the proper way to react if worse comes to worse. I am assuming the obvious right thing to do would be to stop the person and some how keep him there and call the police?
Re: Dogs being shot
Posted: Tue Jun 19, 2012 4:53 pm
by Rex B
If you keep the dog in your property, and someone enters your property and attacks your dog, then you are on pretty good legal ground to defend your property.
If the dog is not on your property, and is being a nuisance to neighbors, then your best option is to retrieve the animal and apologize.
Re: Dogs being shot
Posted: Tue Jun 19, 2012 5:04 pm
by C-dub
Do not let your dogs off leash off of your property or when not in a fenced yard. I do not and expect others to not do this either. My dogs are not dangerous unless they or I am attacked. If someone is dumb enough to attack or kick my dog I will be the least of their problems. My dog will respond much quicker than I could.
Re: Dogs being shot
Posted: Tue Jun 19, 2012 5:23 pm
by urnoodle
I have a similar problem with a neighbor that does not like dogs. I don't believe he would kill one of them however, I would not put it past him to try and make one sick. Should he decide to cross that line, there are gaps between the boards of my neighbors privacy fences that he could easily shoot a dog without stepping foot on someone elses property. In that instance it would be very difficult for me not to protect with lethal force. I often wondered this same question after finding unexplained chemical bottles close to my dogs water bowl. This is the sole reason my dog no longer has a water source in the backyard.
Re: Dogs being shot
Posted: Tue Jun 19, 2012 5:32 pm
by JCole
Rex B wrote:If you keep the dog in your property, and someone enters your property and attacks your dog, then you are on pretty good legal ground to defend your property.
If the dog is not on your property, and is being a nuisance to neighbors, then your best option is to retrieve the animal and apologize.
There we go!
Re: Dogs being shot
Posted: Tue Jun 19, 2012 5:45 pm
by snatchel
I am with C-Dub on this one. I love my puppy to death, and although he won't wander more than 2 or 3 feet from me off leash, I always keep him leashed in public. Of course, at parks and such I let him play off leash. I think if it as a respect thing-- some folks just are not dog people... And they have a right to be out and about without fearing a dog off leash. That said, if my dog were on leash off my property and someone attacked him out of pure malice, I would act in my dogs defense. Not saying I would shoot someone for it, but they may get a beating.
Re: Dogs being shot
Posted: Tue Jun 19, 2012 5:47 pm
by gigag04
I'm not shooting someone over property...
I don't think a jury would buy the equation
dog life == human life
Re: Dogs being shot
Posted: Tue Jun 19, 2012 5:52 pm
by urnoodle
JCole wrote:Rex B wrote:If you keep the dog in your property, and someone enters your property and attacks your dog, then you are on pretty good legal ground to defend your property.
If the dog is not on your property, and is being a nuisance to neighbors, then your best option is to retrieve the animal and apologize.
There we go!
That only solves for the shooter entering your property. If the shooter attacks your dog without stepping foot on your property then it still leaves it open as to the level of force that is allowable by law. My dog does not leave her backyard without a leash. I don't believe in having any pet roaming the streets freely. They are fenced in, leashed or in the house. The same applies to cats. The whole statement that it's "just a dog" does not apply in my household. My dog is an integral part of my family and she would be morned no different than a loss of a family member.
Re: Dogs being shot
Posted: Tue Jun 19, 2012 6:07 pm
by E.Marquez
JCole wrote:Rex B wrote:If you keep the dog in your property, and someone enters your property and attacks your dog, then you are on pretty good legal ground to defend your property.
If the dog is not on your property, and is being a nuisance to neighbors, then your best option is to retrieve the animal and apologize.
There we go!
Not that simple, when a LEO is involved.
I do not intend to start a LEO bash from this thread, but I'd suggest if the shooting of dogs by anyone to include LEO's is of interest, do a few Google searches,, caution, do it before dinner, or you will lose your appetite...
As far as defending your property,, from the current cases in public view here in Texas right now, it would seem that many LEO's and departments consider dogs property, but one that has little value, and can be dispatched at will, with little cause, and no recourse to the owner.. After all it's for the Safety of the officer.. (funny sounds like an anti's rhetoric when they speak of banning all privet ownership of guns)
If the attitude that is public now from LEO's is any indication.. I'd say, Law enforcement officers would have a pretty dim view of you the citizen defending your dog (property) with any force, never mind deadly force.
Again, I say LEO's in the public eye, in the media,, , perhaps it's just those minor few with that attitude and the remaining 99% feel differently, .. don’t know, and I’m willing to give the benefit of the doubt to those intelligent, trained officers I know personally, and the many thousands NOT in the media making excuses....
Re: Dogs being shot
Posted: Tue Jun 19, 2012 6:30 pm
by Oldgringo
The answer is relatively simple: keep your dogs, your kids and their mess on YOUR own property. Not everyone wants untrained dogs nor do they want ill-mannered kids running loose on THEIR property.
Re: Dogs being shot
Posted: Tue Jun 19, 2012 6:33 pm
by WildBill
Oldgringo wrote:The answer is relatively simple: keep your dogs, your kids and their mess on YOUR own property. Not everyone wants untrained dogs nor do they want ill-mannered kids running loose on THEIR property.
Don't bother me and I won't bother you.
Re: Dogs being shot
Posted: Tue Jun 19, 2012 6:40 pm
by tacticool
There have been a lot of dogs shot at their homes recently. It's getting to the point where the right response may be shoot, shovel, and shut up. Morally, it makes no difference if the puppy killer wears a uniform, a hoodie, or a CHL tiara.
Re: Dogs being shot
Posted: Tue Jun 19, 2012 6:53 pm
by Jumping Frog
gigag04 wrote:I'm not shooting someone over property...
I don't think a jury would buy the equation
dog life == human life
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ This.