What actions would be legal in the scenario? (Dog Attack)

[nicholasivanclark]

Well this just happened to me. My fiance and I were walking our two dogs both leashed down the street, and were stopped to talk to our neighbors. Also a group of kids came to play with our dogs. Then a dog from a half of block who was left unattended on their porch came charging after us. It was a Pit bull which are known for the aggressiveness (I know their are a lot of great ones out there so do not jump on me for that statement) and was running full steam at us.

Now here is my question say IF the dog had attacked mine and I could not safely get him off without the possibility of severe injury to my self would I be in my rights to shoot it. Also what if it had attacked my Fiance or I?

The situation was resolved without any issues this is just a what if question.

[twoguns]

I am not familiar enough with PA law to say for sure but it seems logical to me that if the dog were attacking (and there is a difference between attacking ie.- actual biting, and aggressive display) you should be within your rights to shoot the thing. The trouble is you have a moving target in very close proximity to your loved one. The last thing you want is to shoot your gf or child.

In most states it is lawful to shoot a dog that is in predation on livestock or other animals. However, there can be complications within your specific jurisdiction. Such as not lawful to discharge a firearm within city limits. My argument would be that the dog was attacking and time was imperative to deal with the situation.

You might do a search online for dog laws in your location.

One other suggestion, carry a ball peen hammer.

[streaker69]

One other suggestion, carry a ball peen hammer.

A Tactical hatchet would probably be more effective.

[YosemiteSam]

A Tactical hatchet would probably be more effective.

With lots and lots of paracord.

[Statkowski]

Here's what state law says:

3 Pa. C.S. §501, Killing Dogs; Dogs as Nuisances

(a) Legal to kill certain dogs - Any person may kill any dog which he sees in the act of pursuing or wounding or killing any domestic animal, wounding or killing other dogs, cats or household pets, or pursuing, wounding or attacking human beings, whether or not such a dog bears the license tag required by the provisions of this act. There shall be no liability on such persons in damages or otherwise for such killing.


(b) Private nuisance - Any dog that enters any field or enclosure where domestic animals are confined, provided that the enclosure is adequate for the purpose intended, shall constitute a private nuisance and the owner or tenant of such field, or their agent or servant, may detain such dog and turn it over to the local police authority or State dog warden or employee of the department. While so detained, the dog shall be treated in a humane fashion.


(c) Licensed dogs not included - Licensed dogs, when accompanied by their owner or handler, shall not be included under the provisions of this section, unless caught in the act of pursuing, wounding or killing any domestic animal, wounding or killing any dogs, cats or household pets, or pursuing , wounding or attacking human beings.

Out on the street, in town or out of town, loose dog attacks you, your dog, or another person, it is legal to shoot the dog, dead. There is no recourse for the dog's owner (although Pennsylvania does not have a Stand Your Ground law yet, it does in this instance - you don't have to retreat).

Municipal firearms discharge prohibitions do not apply in this case.

[nicholasivanclark]

Thanks Stat and the rest of you guys thats what I was looking for and thinking. A hatchet or Hammer my have a little less red tape though.

As far as putting anyone else in danger I had the are accessed before the dog got all the way to us. Not know then law at the time it was my last coarse of action but I would have to safe my dogs, and/or Fiance.

Twoguns it would have been the Kimber that put it down too.

[TaurusPT145]

You also have humane laws to deal with in this situation. You are legally allowed to shoot a dog if it is actively killing your pet or livestock, or if it is threatening a human when it comes to criminal law, but the way you shoot it can cause problems with humane laws.

Most humane laws require the animal to be killed quickly and humanely. So if you have a gun and you decide to hack it to pieces, you can have some problems. If you shoot the dog in the back and leave it there mortally wounded and in pain, you may have some problems. Shoot the dog after the attack and when its running away, you may face criminal charges. Animals are tricky because you have the regular criminal laws, humane laws, depending on the animal you can have game/wildlife laws or even endangered species protection laws (just to throw that in there even though we are talking about dogs).

[nicholasivanclark]

Well hopefully I do not have to actively go around killing animals. I am an animal lover and would never wish to give harm to an animal. Just a hypothetical. I would only do it if COMPLETELY needed.

[ooticamitica]

i work for my fathers hvac company and we deliver oil and i help my dad deliver sometimes(im a mechanic normally) and he has been bit multiple times at peoples houses and a few months ago he was bit by three dogs, going into people houses there are some very aggressive dogs.

[BimmerJon]

i work for my fathers hvac company and we deliver oil and i help my dad deliver sometimes(im a mechanic normally) and he has been bit multiple times at peoples houses and a few months ago he was bit by three dogs, going into people houses there are some very aggressive dogs.

Hey neighbor! Where ya from?
PM if ya like, and welcome.

PS: home heating oil? What are you guys going for a gallon? Might have yourself a new customer