Pennsylvania Firearm Owners Association
Page 2 of 3 FirstFirst 123 LastLast
Results 11 to 20 of 23
  1. #11
    Join Date
    Nov 2017
    Location
    East Stroudsburg, Pennsylvania
    (Monroe County)
    Posts
    310
    Rep Power
    21474838

    Default Re: Charges for discharging a firearm

    Must have been one of those sanctuary dog's

  2. #12
    Join Date
    Aug 2009
    Location
    bloomsburg, Pennsylvania
    (Columbia County)
    Posts
    826
    Rep Power
    21474846

    Default Re: Charges for discharging a firearm

    Quote Originally Posted by Jpslcollins28 View Post
    I recently shot a dog that ran off its property into an alley and toward my family. We had our children with us as well as our small dog. It was acting aggressively. I have been charged with discharging a firearm inside a borough. If I plea and just pay the fine will it end my chances of getting a CCW permit again or purchasing firearms etc? I do have a lawyer, but I did not remember to ask him this today. The charges they are filing are reckless endangerment x2 and discharging the firearm. Seems as if they will take a plea for just discharging. This is all very preliminary. Any help would be appreciated.
    Reckless Endangering another person is an misdemeanor 2 and is not likely to affect someone's right to own or purchase firearms but the LTCF is another story.The charge will require you to be fingerprinted and it will be on your criminal record. Without knowing all the details no one can say how the police are justifying that charge. I don't know grading or the elements of the local ordinance in question therefore that is undetermined. Some of the details that may help or hurt your case are the size and kind of dog, how close it was to you and your family, how was it acting aggressively, and were there other witnesses other then your family. However your probably better discussing the aforementioned facts with an attorney.

    The some questions about your post I have is how did the police find out?

    Secondly you posted;
    I do have a lawyer, but I did not remember to ask him this today
    If I used my firearm in a self defense situation and the police indicated that I was likely to be charged I don't think I would have "forgotten" to discuss this incident with my attorney if I would have made contact with an attorney anticipating charges. Then again that is just me.

  3. #13
    Join Date
    Aug 2010
    Location
    South East of disorder
    Posts
    2,558
    Rep Power
    21474847

    Default Re: Charges for discharging a firearm

    If this law is still current here is the section to take to your lawyer.


    Pennsylvania Statutes Title 3 P.S. Agriculture § 459-501 § 459-501. Killing dogs;  dogs as nuisances
    Search Pennsylvania Statutes

    (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 manner.
    (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.


    IMO you don't need to be bitten before defending yourself or your children. IANAL
    “Proclaim Liberty throughout all the Land unto all the Inhabitants thereof.

  4. #14
    Join Date
    Jan 2013
    Location
    Dover, Pennsylvania
    (York County)
    Posts
    1,509
    Rep Power
    21474843

    Default Re: Charges for discharging a firearm

    Quote Originally Posted by Daycrawler View Post
    If this law is still current here is the section to take to your lawyer.


    Pennsylvania Statutes Title 3 P.S. Agriculture § 459-501 § 459-501. Killing dogs;  dogs as nuisances
    Search Pennsylvania Statutes

    (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 manner.
    (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.


    IMO you don't need to be bitten before defending yourself or your children. IANAL

    This ^^^^

    Sorry I can't rep you again!
    Resistance to tyrants is obedience to God.

  5. #15
    Join Date
    Oct 2012
    Location
    Douglassville, Pennsylvania
    (Berks County)
    Posts
    2,056
    Rep Power
    21474845

    Default Re: Charges for discharging a firearm

    And I have a brother who has an M2 for reckless endangerment on his record and he has his LTCF.
    If it ain't broke it ain't mine.

  6. #16
    Join Date
    Jul 2013
    Location
    N.E., Pennsylvania
    (Susquehanna County)
    Posts
    904
    Rep Power
    21474842

    Default Re: Charges for discharging a firearm

    the OP taken at face value.. there should be no charges.. in fact one could go after the owner for cost of ammo and emotional distress
    Retired US Army
    NRA Life Member, GOA, USCCA
    "Artificial intelligence is no match for Natural Stupidity"

  7. #17
    Join Date
    Feb 2012
    Location
    Coal country, Pennsylvania
    (Carbon County)
    Posts
    39
    Rep Power
    0

    Default Re: Charges for discharging a firearm

    Quote Originally Posted by Jpslcollins28 View Post
    I recently shot a dog that ran off its property into an alley and toward my family. We had our children with us as well as our small dog. It was acting aggressively. I have been charged with discharging a firearm inside a borough. If I plea and just pay the fine will it end my chances of getting a CCW permit again or purchasing firearms etc? I do have a lawyer, but I did not remember to ask him this today. The charges they are filing are reckless endangerment x2 and discharging the firearm. Seems as if they will take a plea for just discharging. This is all very preliminary. Any help would be appreciated.
    What breed of dog was it? Did the dog die? Just wondering.

  8. #18
    Join Date
    Sep 2009
    Location
    POCONO MOUNTAINS, PENNSYLVANIA, Pennsylvania
    (Monroe County)
    Age
    68
    Posts
    2,636
    Rep Power
    21474848

    Default Re: Charges for discharging a firearm

    Get an adjournment based on the reason your attorney was not having your full interests at the time !

  9. #19
    Join Date
    Mar 2018
    Location
    Tobyhanna, Pennsylvania
    (Monroe County)
    Posts
    68
    Rep Power
    5620571

    Default Re: Charges for discharging a firearm

    I have to agree with the rest of the thread. You need a new lawyer. This doesn't seem like an impossible case and the fact that he's willing to take a plea to speed it along and get paid is concerning.

  10. #20
    Join Date
    Oct 2008
    Location
    USN Retired, Pennsylvania
    (Monroe County)
    Posts
    3,215
    Rep Power
    21474850

    Default Re: Charges for discharging a firearm

    Quote Originally Posted by fallenleader View Post

    slowly and quietly back out of the thread.

    Good idea....
    TriggerTime LLc 01/02 FFL

Page 2 of 3 FirstFirst 123 LastLast

Similar Threads

  1. sentance for discharging firearm
    By xtcjpr13 in forum Pennsylvania
    Replies: 44
    Last Post: September 19th, 2015, 05:43 AM
  2. Replies: 48
    Last Post: July 18th, 2013, 08:45 PM
  3. Discharging a Firearm
    By TheKon in forum General
    Replies: 34
    Last Post: April 5th, 2013, 09:53 PM
  4. Introduction+question about discharging firearm
    By anstead610 in forum General
    Replies: 49
    Last Post: March 15th, 2011, 09:09 PM
  5. Nuisance: discharging a firearm in twsp.
    By Solo in forum Northampton
    Replies: 5
    Last Post: April 2nd, 2010, 09:10 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Local gun shops | Local shooting ranges | Philadelphia Shooting Ranges | Philadelphia Gun Shops | Pittsburgh Shooting Ranges | Pittsburgh Gun Shops