Question Regarding deadly force against an animal

[Capt Quahog]

When hauling out the trash late at night, up our long driveway to the curb area, I always pack a Model 1911 in .45ACP.

In this region, there are assorted predator critters running all over the place. A bear attacked the neighbor's Chevy Blazer in their driveway while he was trying to get at some snack items locked inside. The sheet metal on the rear doors was even punctured, along with other damage done. Reminds one of how powerful an animal is a bear.

I got literally face to face with a large Bobcat one night out on the back deck. By the tracks we've seen, there are even bigger wild cats skulking around here. Then there are the jumbo sized feral hogs as well as packs of the Coyote-Wolf hybrids.

Thing is . . . I don't keep track as to what type of dangerous vermin are in season this month. Never had a hunting license and figure that there's no need for one. Fact is . . . these beasts if given the opportunity, will hunt you and me. They ain't got no stinking license!

There is of course a natural right of self defense and protection of one's life. I'll do everything I can not to harm a bear . . . Had some experience with black bears in New Hampshire and tried not to get up wind of them while out in the woods or picking blueberries in the swamp area.

If the wind is right and the bear somehow feels threatened, that fast moving animal will charge a human being with usually fatal results.

As Clint Eastwood said of the dead man after he shot him. . . "He should have armed himself".

[BimmerJon]

You don't have a Concealed Carry Permit, you have a License to Carry a Firearm.

You can legally shoot and kill any dog that is actively chasing, attacking or pursuing another person, or animal.

[GunLawyer001]

You don't have a Concealed Carry Permit, you have a License to Carry a Firearm.

You can legally shoot and kill any dog that is actively chasing, attacking or pursuing another person, or animal.

That is not the law.

And actually, if we're going to nitpick the terminology, the license is for "Firearms", not "a Firearm".

[BimmerJon]

You can legally shoot and kill any dog that is actively chasing, attacking or pursuing another person, or animal.

That is not the law.

§ 459-501. 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.

What did I miss? "Domestic"

[GunLawyer001]

What did I miss? "Domestic"

You can't kill the neighbor's dog for chasing squirrels, for example. Or deer, or birds, or chipmunks.

It's far too broad to state that you can kill any dog that's chasing an animal. It has to be "pursuing" a domestic animal, and you'd better be able to show the need to kill it.

If someone killed one of my dogs for chasing a cat up a tree, you'd better believe that I would use every legal means at my disposal to make them regret it.

[BimmerJon]

You can't kill the neighbor's dog for chasing squirrels, for example. Or deer, or birds, or chipmunks.

It's far too broad to state that you can kill any dog that's chasing an animal. It has to be "pursuing" a domestic animal, and you'd better be able to show the need to kill it.

If someone killed one of my dogs for chasing a cat up a tree, you'd better believe that I would use every legal means at my disposal to make them regret it.

Got it. In my head I knew this, but I shouldnt have left out the word "domestic" for others

[YosemiteSam]

You can't kill the neighbor's dog for chasing squirrels, for example. Or deer, or birds, or chipmunks.

It's far too broad to state that you can kill any dog that's chasing an animal. It has to be "pursuing" a domestic animal, and you'd better be able to show the need to kill it.

If someone killed one of my dogs for chasing a cat up a tree, you'd better believe that I would use every legal means at my disposal to make them regret it.

But I can kill one for attacking a big game animal, if caught in the act.
Title 23 Chapter 23 Subchapter E
Sec. 2384. Declaring dogs public nuisances.

Any dog pursuing or following upon the track of any big game animal in such close pursuit as to endanger the big game animal or to be in the act of attacking the big game animal at any time is hereby declared to be a public nuisance and may be destroyed as provided in this title.

Cross References. Section 2384 is referred to in section 2385 of this title; section 5511 of Title 18 (Crimes and Offenses).

Sec. 2385. Destruction of dogs declared public nuisances.

(a) General rule. - A dog declared a public nuisance pursuant to section 2384 (relating to declaring dogs public nuisances) may be killed by any commission officer at any time or by any person when the dog is found to be in the act of attacking a big game animal.

(b) Reports after killing dog. - Any person who kills a licensed dog pursuant to subsection (a) and section 2384 shall notify the owner or a commission officer within 48 hours after the dog was killed. The person who killed the dog or the commission officer who receives the report shall disclose to the owner of the dog the time, place, circumstances relating to the death of the dog and the location of the dog's remains. All equipment found on the dog, including collar, name tag, license tag or any other personal property, shall be returned to the owner of the dog within ten days after conclusion of any prosecution or immediately if no prosecution is contemplated.

[Vortex]

Am I within my rights to shoot the attacking dog (let me say that I love dogs and would take no pleasure in doing such a thing)?

Let me start off by saying that the more people I meet, the more I like dogs.

Also, you seem to be aware that the real problem here is the owner of the attacking dog, not the dog itself (reinforcing my first statement).

Having said that, if this was a problem that I was having, I would try at least one more thing that hasn't been mentioned yet before shooting a dog.



Pepper gel has a reputation for sticking like mud, although I have no first hand experience with it. Perhaps someone with experience can comment as to the suitability of it's use in this type of a situation.

My approach would be to convince the attacking dog that it just isn't the type of fun that he thinks it should be to come into my yard and attack another family member. In particular, I would be sure to gel the eyes, thoroughly irrigate the nasal passages and make sure that plenty got in his mouth as well. Since there would be no point in saving half a bottle of gel, I would also make sure that the excess gel thoroughly coated his fur, especially the exterior throat, chest and shoulder areas. In other words, when the dog tries to rub it off, in reality it will just get rubbed "in" further.

If this stuff is worth the money, the end result should be a staggering dog that can't breath and would also probably be vomiting. A possible added bonus is that if the dog manages to make it's way back home, there is a good chance that some of this excess gel will get on the owner and perhaps irritate his nasal passages as well. If the argument against the use of pepper gel is that this is "animal cruelty", then basically the argument is that you really should have shot the dog instead.

If you check the web site, they appear to have a product that approaches bear canister size. My experience with difficult dogs is that the first impression you make upon them has to be a lasting impression, otherwise you have essentially made no impression upon them at all.



I also agree with GunLawyer001's advice about trying to avail yourself of the legal process or retreating into the safety of your house. However, if I was set on shooting a dog (hard to imagine if it wasn't clearly rabid), my conscience would be much clearer if I tried at least one extreme non-lethal remedy and knew for sure that it didn't work.

[YosemiteSam]

You can't kill the neighbor's dog for chasing squirrels, for example. Or deer, or birds, or chipmunks.

It's far too broad to state that you can kill any dog that's chasing an animal. It has to be "pursuing" a domestic animal, and you'd better be able to show the need to kill it.

If someone killed one of my dogs for chasing a cat up a tree, you'd better believe that I would use every legal means at my disposal to make them regret it.

4 simple provisions:
1) Pursuing,or wounding,or killing any domestic animal (farm animals to you city folk)
2) Wounding or killing other dog, cats or household pets.
3) Pursuing,wounding or attacting human beings.
4) In the act of attacting big game.