Pennsylvania Firearm Owners Association
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  1. #11
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    Default Re: Charges for discharging a firearm

    Must have been one of those sanctuary dog's

  2. #12
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    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
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    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
    Aggies Coach Really ??? Take off the tin foil bro.

  4. #14
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    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!
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  5. #15
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    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.
    Gender confusion is a mental illness

  6. #16
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    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
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    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
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    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
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    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
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    Default Re: Charges for discharging a firearm

    Quote Originally Posted by fallenleader View Post

    slowly and quietly back out of the thread.

    Good idea....
    Owner Trigger Time LLc 01 FFL/NFA Saylorsburg, PA. Sales/Service/Transfers/Training
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