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Anyone know the answer to this?
Posted: Thu Jul 16, 2009 12:08 am
by kurt_cobain
One of the main reason I got a chl and carry was because of dangerous animals like pits, rotts etc. My question though is, is it legal to shoot another dog if your dog is being mauled?
Re: Anyone know the answer to this?
Posted: Thu Jul 16, 2009 6:38 am
by frazzled
The general rule is only to protect yourself or others (the book is helpful and there is a nice cheat sheet rolling around). If you have a reacsonable belief the attackign is a threat to YOU or another person then yes, if not, no.
Re: Anyone know the answer to this?
Posted: Thu Jul 16, 2009 7:08 am
by TexasVet
Re: Anyone know the answer to this?
Posted: Thu Jul 16, 2009 8:32 am
by txmatt
Seems pretty clear to me. Wouldn't want to do it unless I really had to, though. Pepper spray is probably a better first line of defense against animals.
Texas Health and Safety code ch. 822 subchapter B: wrote: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.
Re: Anyone know the answer to this?
Posted: Thu Jul 16, 2009 8:40 am
by C-dub
Outstanding TxMatt.
I was looking for something like this. I was going in the direction of preventing cruelty to animals or protection of the destruction of property, since in Texas I believe animals/dogs are considered property. Interesting how they can be considered property in one sense and a living creature in another. I don't believe anyone has ever been charged with cruelty to a couch.
Re: Anyone know the answer to this?
Posted: Thu Jul 16, 2009 8:45 am
by joe817
Fantastic txmatt! Thanks for posting. I was looking but couldn't find it online. I was looking in the Penal Code section.
Thanks for posting!
Re: Anyone know the answer to this?
Posted: Thu Jul 16, 2009 9:13 am
by frazzled
Thats interesting!
I wonder if you could still be charged with some sort of criminal offense-reckless shooting or something (sorry non-legal statement).
Re: Anyone know the answer to this?
Posted: Thu Jul 16, 2009 9:22 am
by TxRVer
If a dog attacked my dog, the report would say the other dog lunged at me and my dog got into the fray protecting me.
Re: Anyone know the answer to this?
Posted: Thu Jul 16, 2009 9:23 am
by joe817
You could always be charged for discharging a weapon. The question is, would you be charged given that scenario? I can't answer that. IANAL. You just have to weigh the consequences, and the exact set of circumstances.
Re: Anyone know the answer to this?
Posted: Thu Jul 16, 2009 9:41 am
by frazzled
True statement that.
I'd imagine the response from the local constabularies to you shooting Biffy the Wonder Poodle would be substantialy different then if you shot a rottweiler.
of course the argument that you viewed the really big dog attacking your dog was an immediate threat to you as well could be used.
Re: Anyone know the answer to this?
Posted: Thu Jul 16, 2009 9:48 am
by joe817
frazzled wrote:True statement that.
I'd imagine the response from the local constabularies to you shooting Biffy the Wonder Poodle would be substantialy different then if you shot a rottweiler.
of course the argument that you viewed the really big dog attacking your dog was an immediate threat to you as well could be used.
I totally agree.
Re: Anyone know the answer to this?
Posted: Thu Jul 16, 2009 11:57 am
by txmatt
Discharging a firearm inside city limits is generally a class C misdemeanor, which (and IANAL) would seem to me to be far less of a concern than, say, being charged under the animal cruelty law they passed a couple of sessions ago. Under that law killing an animal is a state jail felony IIRC, and it makes no allowances for circumstances unless livestock is involved
Re: Anyone know the answer to this?
Posted: Thu Jul 16, 2009 1:28 pm
by dicion
No offense to anyone, but please, please, please look around a bit before posting a new topic.
We've already discussed this topic to death like 3 times, in the past 2 months.
I realize that the search function will not let you search for 3 letter words and smaller (try it, 'dog' returns no results), and that's probably why another topic was started.
Perhaps we can get our Robot Overlords to allow 3-letter searches.. or maybe I'll compose a post with links to all the threads of the Most Commonly discussed Topics.
Hmm... Maybe I'll work on that right now.
Re: Anyone know the answer to this?
Posted: Thu Jul 16, 2009 1:48 pm
by roberts
dicion wrote:I realize that the search function will not let you search for 3 letter words and smaller (try it, 'dog' returns no results), and that's probably why another topic was started.
That's true but "dogs" finds over 1600 matches.
http://texasshooting.com/TexasCHL_Forum ... words=dogs
dicion wrote:Perhaps we can get our Robot Overlords to allow 3-letter searches.. or maybe I'll compose a post with links to all the threads of the Most Commonly discussed Topics.
I for one welcome our Robot Overlords.
Re: Anyone know the answer to this?
Posted: Thu Jul 16, 2009 2:12 pm
by dicion
Okay, I've started this topic:
http://www.texasshooting.com/TexasCHL_F ... 83&t=26341" onclick="window.open(this.href);return false;
Please feel free to provide more links to topics already covered in the first post, and I will add them. In addition to that, Any Topic with 3 or more threads on it I think should suffice to get it on the list, please feel free to suggest and link these, and I will add them as well. I'll do a lot more tonight when I get home from work. Those 2 topics I have in there so far are the ones That have been discussed many many times over the past month, and were the easiest ones I could think right away.