TexasCHLforum.com

seamusTX wrote:State law requires a firearm to be returned after it is no longer needed as evidence, though sometimes the owner has to hire a lawyer to get a court order to return it.

In felony cases the appeals can take years, so the evidence is going to be kept indefinitely.

I remember a notorious case that was tried here where the defendant was found guilty of a felony, and the defendant's lawyer got the defendant's two handguns. The weapons probably would be worth a lot to one of those freakazoids that are willing to pay for things that were used in crimes.

- Jim

I never thought about that. A defense lawyer could end up with a good collection.

...one more reason to love Texas!!!

In Platina, California (middle of nowhere) this week a man was arraigned on felony charges for fatally shooting a 2-year-old Labrador retriever. He is warming a steel bench in the slammer unable to make his $500,000 bail and has a public defender.

http://www.redding.com/news/2011/may/19 ... -shooting/" onclick="window.open(this.href);return false;

- Jim

seamusTX wrote:I agree that a .25 is not adequate for a large dog. The shooting in this case was totally unjustified, and the guy is lucky that he missed.

The article said the weapon would be returned if the man successfully completed probation.

- Jim

What is a .25 adequate for for? Small rat?

Woman Accused Of Shooting 2 Dogs
http://www.click2houston.com/news/28239982/detail.html" onclick="window.open(this.href);return false;

"They're not aggressive dogs at all. That's why I couldn't understand why she shot them," said Lila Villa, the dogs' owner.

While I am not about to defend the actions of the shooter, I do not necessarily agree with these type of statements from dog owners. I have an adorning land owner who has a mixed breed dog that he claims is just as docile as can be. However, this dog has charged me more than once while on my property. Both times I was able to jump though the cedar branches to avoid his advance. Domestic or not they are still animals that revert to their instincts.

Like it or not, there are legal standards for dealing with animals. These laws were passed by the legislature and signed by the governor in the usual way. I forget now when animal cruelty became a felony in Texas, but it wasn't that long ago.

People who want to shoot everything that moves or frightens them need to be aware of the possible consequences, especially with public opinion so far out in fluff-bunnyland.

- Jim

jimandyen wrote:A couple of years ago my wife and I were out walking our dog in an open field in our neighborhood.
It's on a path that many other people also use to cross the field. At the time I wasn't carrying (no CHL).

I noticed a dog about 200 feet away jumping up against an old wooden fence and barking
finally breaking through and running full speed towards us. (We probably wouldn't have been there if I had ever seen this dog before now.)

With only a few seconds to react I told my wife to get behind me with our Lab.
The attacking dog (60-70lbs rott-mix?) ran straight to our dog and put it's mouth on her neck.

Strangely enough it didn't bite or leave a mark although it could have killed our dog.
It was all I could do to try and hurt the dog before it just left and ran off. We were lucky I guess.

Called 911 and the responding officers were of no help but that's another story.

My question is:
What if I were carrying and took a shot in a safe manner to protect my family from this dog that was barking
and running full speed at us and killed or stopped the dog? Am I in the right?
I wasn't looking at the breed but the animal's attitude coming at us. Very scary for us!!!

Many in this forum don't quite get me so my response may create all kinds of reponses but here goes. Who cares what the law is in that situation? Blast the attacking dog and protect your family. Think about it for a minute. You going to sit there and watch a dog maul your dog and do nothing about it becomes some tree hugging pita member is going to get upset you shot the attacking dog? Heck... I wouldn't even call the cops. I would blast that raging wild animal, leave him laying there, and go home for some ice cream. It's a dog... not a human. That was why the cops you called didn't care. I like animals as much as the next person. When they turn on us, they get treated like animals.

Many in this forum don't quite get me so my response may create all kinds of reponses but here goes. Who cares what the law is in that situation? Blast the attacking dog and protect your family. Think about it for a minute. You going to sit there and watch a dog maul your dog and do nothing about it becomes some tree hugging pita member is going to get upset you shot the attacking dog? Heck... I wouldn't even call the cops. I would blast that raging wild animal, leave him laying there, and go home for some ice cream. It's a dog... not a human. That was why the cops you called didn't care. I like animals as much as the next person. When they turn on us, they get treated like animals.

I agree with you and If I had been carrying I would have shot the dog to protect my family. I love dogs and animals but
when things go wrong family is first. I would still have called 911 because a firearm was involved
and I'm sure someone else would have heard it.

loadedliberal wrote:

seamusTX wrote:I agree that a .25 is not adequate for a large dog. The shooting in this case was totally unjustified, and the guy is lucky that he missed.

The article said the weapon would be returned if the man successfully completed probation.

- Jim

What is a .25 adequate for for? Small rat?

Rats (at least the NYC variety that are the size of raccoons) would catch the bullets in their teeth, chew them up and use the resulting metal strands to line their nests.

Well, okay, that might be a little bit of an exaggeration, but a .25 isn't going to put one down for the count anytime soon.

They might work on a small, aged and feeble mouse - hence the name "mousegun."

Rats (at least the NYC variety that are the size of raccoons) would catch the bullets in their teeth, chew them up and use the resulting metal strands to line their nests.

Well, okay, that might be a little bit of an exaggeration, but a .25 isn't going to put one down for the count anytime soon.

They might work on a small, aged and feeble mouse - hence the name "mousegun."

jimandyen wrote:A couple of years ago my wife and I were out walking our dog in an open field in our neighborhood.
It's on a path that many other people also use to cross the field. At the time I wasn't carrying (no CHL).

I noticed a dog about 200 feet away jumping up against an old wooden fence and barking
finally breaking through and running full speed towards us. (We probably wouldn't have been there if I had ever seen this dog before now.)

With only a few seconds to react I told my wife to get behind me with our Lab.
The attacking dog (60-70lbs rott-mix?) ran straight to our dog and put it's mouth on her neck.

Strangely enough it didn't bite or leave a mark although it could have killed our dog.
It was all I could do to try and hurt the dog before it just left and ran off. We were lucky I guess.

Called 911 and the responding officers were of no help but that's another story.

My question is:
What if I were carrying and took a shot in a safe manner to protect my family from this dog that was barking
and running full speed at us and killed or stopped the dog? Am I in the right?
I wasn't looking at the breed but the animal's attitude coming at us. Very scary for us!!!

...Texas Health and Safety Code says:
"§ 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.

CREDIT(S)

Added by Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Renumbered from V.T.C.A., Health & Safety Code § 822.033 and amended by Acts 2003, 78th Leg., ch. 1002, § 1, eff. Sept. 1, 2003.


[Sections 822.014 to 822.020 reserved for expansion]"

...your pet is a domestic animal... http://www.duhaime.org/LegalDictionary/ ... nimal.aspx" onclick="window.open(this.href);return false;

Thanks "Speedsix" for clearing that up for us. That answers my question.

speedsix wrote:...Texas Health and Safety Code says:
"§ 822.013. Dogs or Coyotes That Attack Animals

.......your pet is a domestic animal... http://www.duhaime.org/LegalDictionary/ ... nimal.aspx" onclick="window.open(this.href);return false;

Leaving common sense to the side for a moment, does it say somewhere in the statute that it is OK to shoot a dog or coyote that is attacking a human instead of a domestic animal?

IIRC, I thought I remembered seeing that somewhere, but it said we would be liable for the cost of the dog. Can you shed any light?

...I have searched high and low for months...and have found NOTHING saying I could defend a human against a dog in the same manner as the quoted laws...ain't that jest the way it goes?!!! I'd just have to take my chances with that...but a loose dog attacking a people would be dealt with the same...I'm worth AT LEAST as much as a chicken!!!