Hypothetical stray dog situation

[Barbi Q]

In certain causes, preservation of human life can be a defense to prosecution, saving begonias is not.

There are laws that deal with animals causing depredation.

[shootthesheet]

Call animal control every time you see an animal that you think may be a problem. Talk to the local PD and tell them about the problems. I was asked to use a shotgun with birdshot when I lived in town but it is a small town.

[The Annoyed Man]

I posed the same kind of question the other day in a thread about hogs showing up in suburbia and trashing yards and gardens. Would it be legal for me to shoot a hog that had gotten into my wife's begonias. Without a hunting license. As I recall, the general consensus was that it wasn't shooting the hog that was the problem; it was discharging a firearm inside the city limits for reasons other than self-defense that was the problem.

In certain causes, preservation of human life can be a defense to prosecution, saving begonias is not.

But he was stealing my begonias! Isn't deadly force in defense of property justifiable?

[srothstein]

I have a suggestion that might make this kind of thing easier to figure out. Yes, in many cases, we have laws specifically saying you can shoot this type of animal under these circumstances. But we all know that not every possible circumstance is covered in these laws. But there is a law that makes it really easy to figure out.

Texas has a general defense of necessity (PC 9.22). This law says (in layman's terms) that if you are trying to prevent a harm, and the harm you are trying to prevent is greater than the harm you are inflicting, that you are legal unless there is a specific law forbidding what you are doing. So, all we have to remember is what is specifically forbidden (and I don't know about any laws of that type for cases like this). But, it is really important here to remember that IANAL and my knowledge of the law is much more concentrated on certain codes, not general. Same goes for my rewording of the law, BTW.

I think any jury other than 12 PETA members is going to find that a child's life outweighs the harm to an attacking animal. It becomes a little different under Perry's circumstances (which animal is greater harm), but generally, I think most of the time the jury will think the pet is more valuable than the wild animal. The best question to ask yourself is if you are sure that it is the right thing to do. Follow that up with do you think your neighbors or the average citizen would agree on what is the right thing in your specific circumstances. We generally know what is right or not and we generally know when our opinions are more extreme than the average person's, so if the answer to both of those questions is yes, you are probably OK.

[speedsix]

...the Guvnah's case is specifically covered in Tx law...which gives permission to kill a dog or coyote which is (among other things) about to attack a domesticated animal (which includes dogs...I have my doubts about cats )...

http://www.animallaw.info/statutes/stus ... 22_013.htm" onclick="window.open(this.href);return false;

[sjfcontrol]

I posed the same kind of question the other day in a thread about hogs showing up in suburbia and trashing yards and gardens. Would it be legal for me to shoot a hog that had gotten into my wife's begonias. Without a hunting license. As I recall, the general consensus was that it wasn't shooting the hog that was the problem; it was discharging a firearm inside the city limits for reasons other than self-defense that was the problem.

In certain causes, preservation of human life can be a defense to prosecution, saving begonias is not.

But he was stealing my begonias! Isn't deadly force in defense of property justifiable?

Only at night!

[sjfcontrol]

So we've covered wild dogs and hogs, how about cougars? We had one show up in our yard this winter during that first heavy snowstorm. Wife called 911, they had animal control return the call. Since we couldn't see the animal anymore (hidden in hedge, we believe) they didn't even bother to come out. Kept our small dog indoors, and went armed (and made lots of noise) when she had to do her business.

[speedsix]

...I think an attacking cougar would be grounds for a necessary defense...(or surrender, depending on how good she looks...)

but...I haven't found law covering anything but dogs or coyotes...

...did find these facts, though...it's a real and growing danger... http://www.tpwd.state.tx.us/publication ... 0_0232.pdf" onclick="window.open(this.href);return false;

[sjfcontrol]

...I think an attacking cougar would be grounds for a necessary defense...(or surrender, depending on how good she looks...)

but...I haven't found law covering anything but dogs or coyotes...

...did find these facts, though...it's a real and growing danger... http://www.tpwd.state.tx.us/publication ... 0_0232.pdf" onclick="window.open(this.href);return false;

Um, I think I'd be pretty safe from the 2-legged variety of cougar!

[speedsix]

...so would I, old, fat, grey-haired, only 9 teeth, and, most importantly, NOT wealthy...

[alvins]

i would have no problem shooting any dog stray or not that was attacking myself or anyone in my family.attacking a kid i dont know? well i wouldnt sit around and just watch.

real dog owners keep their pets on leashes.

my father walks alot in his own neighborhood and people dont keep their pets on leashes. He takes blood thinners and basically bleeds forever even with a minor cut. usually he has more of a problem with the owners then the actual animal. he has maced several dogs that ran up to him and was threating.

[karder]

I would really try and avoid pulling my trigger outside of a controlled situation (the shooting range on or a hunt). If an animal (or person for that matter) is directly attacking you or someone else and you have no choice, then you have no choice. I think preventative measures are best. Call animal control if you have strays in your neighborhood. There are also options besides shooting in some cases. I have witnessed a jogger pepper spray a dog that chased after her, and it did the trick. That pooch tore off for home after one spray. Once we start discharging weapons, we raise the anti greatly. Obviously, rural areas are very different from suburban neighborhoods.