Deadly force justified

[c_brutsche]

Hey guys,

Wanted some input on this situation. One of my friends dogs recently got mauled by a neighbors dog that escaped the owners home while taking her dog for a walk around her neighborhood. This scenario really made me think of my walks with my dog and me carrying. Although I cringe at the thought of taking a dog's life, I admit I love animals, if a dog came up and started mauling my dog am I justified to use deadly force? This seems like it would be a very grey area so just curious others' input.

[Preble Pro]

It's not the dog's fault.

But then again, you can't shoot the owner either...

Tough question.

[knight0334]

Hey guys,

Wanted some input on this situation. One of my friends dogs recently got mauled by a neighbors dog that escaped the owners home while taking her dog for a walk around her neighborhood. This scenario really made me think of my walks with my dog and me carrying. Although I cringe at the thought of taking a dog's life, I admit I love animals, if a dog came up and started mauling my dog am I justified to use deadly force? This seems like it would be a very grey area so just curious others' input.

Yes. 3 P.S. § 459-501

§ 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.

(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.

[c_brutsche]

It's not the dog's fault.

But then again, you can't shoot the owner either...

Tough question.

That's what I was thinking. It might not be there is one right answer I guess.

[c_brutsche]

Yes. 3 P.S. § 459-501

That was exactly what I was looking for. Thanks!

[Exbiker]

IMHO if the attacking dog was off it's property unrestrained and there was no other way to stop the attack "maybe" ok. Just be ready for a shitstorm in many municipalities.
The guy up here that shot a Husky was charged with unlawful discharge and plead guilty.

[American1776]

This is exactly why, in addition to my sidearm, I usually have a small canister of pepper spray.

Shooting a neighbor's dog, even if it is in the process of mauling your own dog, will have consequences beyond merely saving your own dog's life. Not saying it's right or wrong, their will probably be social and legal issues you'll need to sustain that could probably be avoided by using a good OC spray instead of 95-230 grains of lead.

A quality pepper spray will work well against all dogs: My uncle was a mail carrier for many years, and has had to pepper spray vicious dogs on many occasions. He said that while there were a few times he feared the spray might not work, it worked in all occasions.

Just a thought.

[gascolator]

To say nothing of the fact that if you accidentally pepper-sprayed your own dog in the fur-ball you're going to be a lot less disappointed than if you accidentally shot it.

[Metz]

Bucket of cold water works like a charm.

[reverserboy]

I've never tried it but......

I've been told that those hand held boat horns will repel most animals if sounded close to them.