What could I have done, what would you have done

**czerbe** · August 2nd, 2010, 03:38 PM

So a short background not that it matters. I have had a LTCF for about 4 years now I carry a Springfield XD 9mm Sub Compact, in a Crossbreed supertuck.

So last week I'm walking my dog (english bulldog) when out of the blue one of the neighbors dogs runs off her properity and jumps on my dog. Now my dog can handle his own and more or less put this dog to the ground until the dogs owner came out to get her puppy. She said she was so sorry and went on her way in the house.

My question is in this situation there was no real worry, but some of my other neighbors dogs have been attacked by some of the pitbulls or chows in the neighborhood. Her dog wasn't on a leash, didn't have a collar and just ran right off the properity. If something like this happens do I have the right to defend my animal, I know I can defend my self but my animal is my family and I am just wondering if anybody out there has dealt with this situation or knows the laws on the topic

Thanks in advance.

C

**ByblosHex** · August 2nd, 2010, 03:47 PM

I do not have the state code online to copy and paste it, but I am certain that it specifically states in PA code that deadly force is legal to use against a dog attacking a domestic animal or person.

**littlebr4d** · August 2nd, 2010, 04:08 PM

Originally Posted by ByblosHex

I do not have the state code online to copy and paste it, but I am certain that it specifically states in PA code that deadly force is legal to use against a dog attacking a domestic animal or person.

I'd like to see the official wording but that is good to know.

**BimmerJon** · August 2nd, 2010, 04:09 PM

You could have shot and killed that dog with no legal repercussions.

You can shoot and kill any domestic animal that is attacking or actively pursuing another domestic animal or human.

Of course, don't shoot unless you HAVE TO, the bullet could travel somewhere you don't intend, like into your neighbors house and into a babies crib...

IANAL

**ViperGTS19801** · August 2nd, 2010, 04:12 PM

It is legal to use lethal force in PA against any animal that attempts to kill or seriously injure a pet or other animal.

Considering your confidence in your dog to suppress the threat on it's own, you did fine not worrying about drawing on the dog.

Personally, unless we're talking about a pit and a rott fighting with each other, I would try to intervene with my hands and feet first - unless it's a big dog like the ones mentioned above, the average male can easily overpower a dog if he knows where to grab and how to handle.

If it were of the larger variety, and I didn't have confidence that my baby would be coming home with me - it's go time.

**BimmerJon** · August 2nd, 2010, 04:15 PM

§ 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.

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.

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**gnbrotz** · August 2nd, 2010, 04:31 PM

Originally Posted by ViperGTS19801

It is legal to use lethal force in PA against any animal that attempts to kill or seriously injure a pet or other animal.

Citation of law? I'll wager that if you put down a deer in a manner that's not in compliance with game regulations (out of season, with a semi-auto, etc.), even if it's goring your dog, the Game officials will be wanting to speak with you.

**ByblosHex** · August 2nd, 2010, 05:01 PM

Originally Posted by gnbrotz

Citation of law? I'll wager that if you put down a deer in a manner that's not in compliance with game regulations (out of season, with a semi-auto, etc.), even if it's goring your dog, the Game officials will be wanting to speak with you.

I know the law only makes mention of dogs, but this got me curious... Even if it would get you a fine or citation to take down a deer, would it be considered a criminal act?

**normanvin** · August 2nd, 2010, 05:02 PM

Originally Posted by BimmerJon

You could have shot and killed that dog with no legal repercussions.

You can shoot and kill any domestic animal that is attacking or actively pursuing another domestic animal or human.

Of course, don't shoot unless you HAVE TO, the bullet could travel somewhere you don't intend, like into your neighbors house and into a babies crib...

IANAL

Yes and no to this post. Yes you can shoot a dog because it is considered property. But then there can be charges for discharging a firearm with in your towns limits. And there is always the possibility of a civil suit.

In a town near me a man shot a German Shepard. He was later charged for the shooting. At the trial he was found not guilty. But he still had to pay his lawyer.

**ByblosHex** · August 2nd, 2010, 05:05 PM

Originally Posted by normanvin

Yes and no to this post. Yes you can shoot a dog because it is considered property. But then there can be charges for discharging a firearm with in your towns limits. And there is always the possibility of a civil suit.

In a town near me a man shot a German Shepard. He was later charged for the shooting. At the trial he was found not guilty. But he still had to pay his lawyer.

Any charges will be thrown out, every time.

I quote...

(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.