Legal ramifications of shooting a threatening dog

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vintage68

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Generally speaking (I know that covers a lot of ground) what are the legal ramifications if I were to draw and fire a legally carried CCW handgun on a threatening dog in a suburban environment?

Edited: There's a large public lake where I walk and run around in Denver for exercise and have seen a pitbull wandering loose.
 
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The potential legal ramifications arising from the act of shooting would be a conviction for reckless endangerment and a suit for conversion. The practical ramifications could be a gunfight with the owner. Even a warning shot can prompt trouble. Look up the Harold Fish case for an example of this.
 
Generally, if the dog is really threatening, it's self-defense. If not, you killed someone's dog and can be prosecuted for a number of things. I'll assume you know the difference, though I have to say a lot of people don't seem to know when a dog is really a threat, and when it isn't.

If the dog is on private property, and you're not, it's killing someone's dog, with a bunch of other stuff thrown in like reckless discharge of a firearm.

If the dog is on someone's property, and so are you, you are trespassing, brandishing a firearm, discharging a firearm illegally, killing someone's dog, and, if you're really unlucky, it's a good way to get yourself shot.

The penalty for murder is far greater than for killing a dog, but I'd treat the "when/where/why/how to do what" questions in a similar manner to self-defense against a threatening person.

And know that most people would conclude that someone who is on their property, shooting their dog, probably intends to harm to them and their families, and would respond accordingly, i.e. by shooting you before you had a chance to point the gun their way, if they have a weapon.
 
Offer significant proof that the dog was indeed threatening.
Offer significant evidence that you exhausted other options before resorting to deadly force (running away was not possible, dogs move faster; I couldn't climb anything etc etc)
Offer significant proof that you tried to get the owner to control the dog (if applicable)
If you already knew that the dog was threatening, offer proof that you tried to talk to the owner about the problem.

One more thing, if you fire a warning shot fire it into the ground that way it won't fall out of the sky and kill someone.
 
Warning shot is just going to agitate the dog. My German Shepherd used to try to attack fireworks.

If you're on private land it's a really good way to get shot.
 
it would be helpful to know where you lived.

there are state and county laws, as well as non-pre-empted local ordinances that govern your use of deadly force and discharge of a firearm...against a dog.
 
Generally speaking (I know that covers a lot of ground) what are the legal ramifications if I were to draw and fire a legally carried CCW handgun on a threatening dog in a suburban environment?
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1) Is the dog causing you genuine fear of your life or limb?
Then, blow it's brains out!

2) If you don't want to do that, then get bit.

The only other option is to not go where this dog is.
If that's not possible, then choose either #1 or #2.

What else can you do in this situation?
 
1) If the dog is loose on the streets with no collar and is actively attacking you, shoot it.
2) If the dog has a collar and isn't actually attacking (ie just running your way with tail wagging), take it home and post flyers for a lost dog.

Legal ramifications vary pending where you live. Where i live now, there are none. When I lived in CA "disturbing the peace" "public discharge of firearm" come to mind.
 
Well many laws protect dogs and animals, and unless you are a police officer the best course of action is to have a dog with you.

If you shoot a dog just about to attack you, the owner will say it was just saying hi, playing around, or doing what it did as far as they can remember, posing no harm to anyone when you coldly murdered thier pet. This will be thier story whether it is true or not.
In many states animal cruelty is a felony.
You can get in more trouble for hitting or kicking and animal in many places than doing the same to another person

If you get bit then you blow it away, obviously it was a threat, and there is no arguing with your bite wound.

If however the wound is severe, and disables you, prevents you from working for a living, permanently damages your hand, or causes permanent nerve damage froma bite to your leg arm etc, and it forever lowers your quality of life don't expect much compensation. I am reminded of the surgeon that lost the use of his hand, could never perform surgery again, and was compensated $50,000 in his lawsuit, less than he would have made in a year and he can no longer practice that profession, almost negating most of his degree.
Even if you win a large settlement, you will only get as much as the person can pay.

So are you willing to let it damage your body and hope it is minor damage before you shoot it, or is it threatening and coming at you plenty of reason? That decision is yours. The consequences of it will follow you in life.

Also some locations have breed specific laws, and you will get the benefit of the doubt if it is a breed legislated against. Common breeds singled out are pit bulls and rottweilers.

Other locations have leash laws, and if thier animal was off a leash it can work in your favor. It shows negligence on the part of the owner.

The history of the animal can also work in your favor.

The number of animals can also work in your favor. A pack is treated differently under the law many places than a single animal. They pose a much greater risk, and proactive defense is recognized as necessary. Waiting until you are attacked by multiple animals can be too late to act.

As others have stated if you kill a pet legitimately, be prepared to defend against the owner if they pose a threat as well. Many people view thier pets like thier kids, and will support them and come to thier aid whether they are in the right or not.
Pets are however considered property in the United States, and harming another person over property is not legal most places.
 
IF (and I stress that) the dog is mauling you, waste it, I if is jumping around barking yell at it to take a hike, if it is walking the other direction call AC, and be sure of your laws as well.
 
I would treat it like an encounter with a human being. If the dog is a threat to your life, use deadly force.

However, this does not mean you should tempt fate. If you know there is an aggressive dog running loose in an area, don't go there.

Its not always easy to tell if a dog is being aggressive in a dangerous way. Some so called dog experts think they can tell. Most of them have been bit because its just not possible to tell with any certainty, so avoidance is the best solution.
 
Well many laws protect dogs and animals, and unless you are a police officer the best course of action is to have a dog with you.
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You better hope your dog is more of a killer than the one charging you, chances are it's not. and even if it were, would you risk your dog's life to save your skin when all you'd need to do is put a jhp in ol' sparky?

Something like this happened to me this past summer. I was walking my dog in the morning. I was on the sidewalk and was making my way back home when we came upon a house with a couple of motorcycles in the driveay, one on the sidewalk, brokendown '82 monte carlo in the front yard and a big nasty pitbull in the backyard. I was just noticing that the gate to the backyard wasn't there when a woman emerged from the house on her way to work. I was thinking that the dog could come charging out of that backyard when the woman said that if that dog sees my dog, he'd be apt to slip his leash and attack my dog and there wouldnt be anything she could do to stop it..

um, really? cause there's darn sure something I could do to stop it and that would be to put a bullet or 12 in him..

As an interesting aside, I found out that dog ended up getting shot some weeks later when it jumped the fence and fought with the neighbors dog. So apparently this dog had been trained/raised to fight for sport. And there's no way my 40# bird dog is going to do anything but get shredded by a keen-to-kill 90# pitbull.
 
Wouldn't it be logical to call Animal Control now, before there is a problem? then if a problem developes, you have a history of trying to (1) Identify the problem and (2) Resolve the problem before it becomes an active threat. Then if you do have to shoot, you at least have a record of trying to resolve the issue less forcefully.
 
“Warning shot is just going to agitate the dog. My German Shepherd used to try to attack fireworks.”

That has not been my experience. I have shot directly in front of the front feet of a few dogs, and they all ran off yelping. It was always from around 6 feet and closing.
 
Legal ramifications will, I am certain, vary depending upon your location. Where I live there are probably no legal ramifications and I doubt the cops would come out, unless perhaps I shot someone's dog in their front yard. Still, where I live the practical ramifications, and my general love of living things, mean I would prefer not to shoot a dog.

There are a lot of problem dogs near where I live, some of them large and seemingly vicious (though I am sure their owners think they would never harm someone they shouldn't). I get growled at and snarled at on walks, sometimes get teeth bared and on rare occasions bluff-charged. I normally throw a decent sized rock right in front of the dog, and this sends 95+% of the problem dogs scurying back to the point I feel safe, all without harming a thing or doing anything someone can get worked up over. I carry pepper spray, dog still looks like its going to bite me and it gets pepper-sprayed, though I've not had to do it yet... again few people could fault me for that. I do carry as well, but figure I would only draw it after being bit, or if several dogs were going to chew me a new one imminently.

As a side note, its pretty sick how some people around here treat their dogs. Really, its not the dogs around here that are a problem, but rather their "owners" who say things like (I am NOT kidding) "I just want him to be free man..." or "There are plenty of rabbits, he can just hunt for his own food". The second is usually about a dog that has been raiding people's groceries or otherwise causing grief. If people can't take responsibility for their animals, then they shouldn't have any:cuss:
 
Assault rifles are banned in Denver. Pit Bulls are banned in Denver. Well maybe if you use an Ak against the dog they cancel each other out and you will be fine? :D
 
You better hope your dog is more of a killer than the one charging you, chances are it's not. and even if it were, would you risk your dog's life to save your skin when all you'd need to do is put a jhp in ol' sparky?
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That is the whole point. Rather than kill the animal prior to it demonstrating it is actualy attacking and getting into trouble, the very brief attack on your own animal shows it is in fact a danger, at which point you can proceed to deal with the animal unhindered.
Whether you have a gun, a blunt or sharp object, or some fingers ready to remove some eyeballs, it is going to be much easier when you have your own animal on your side.'

That 90 pound pit is not going to do much serious damage to your 40 pound animal in the few seconds it takes for you to unholster your weapon and put it down. You can attempt to break up the fight first if you are in a really unfriendly state, and put the animal down when it turns on you as it no doubt will.
Either way you are in a better position than without your animal. Plus if it is injured you can get it the best care and take care of it. If you are injured your animal sure is not going to be able to take care of you or pay the bills.
I would think your animal getting bitten sure beats you, your wife, or your kids struggling to get by because you cannot work with your injury.
The life expectancy of a large dog is usualy 6-12 years. A humans life expectancy is around 70 years. Who is going to be dealing with problems arising from injury longer, and who's injury is going to effect more individuals?
Also who can prevent more injury from occuring while the other one is being attacked? You or your dog? I think I would save my animal faster than my animal could save me from another large animal, and my attacks are going to inflict a lot more damage than the attacks from my animal, I use weapons.
 
Whether you have a gun, a blunt or sharp object, or some fingers ready to remove some eyeballs, it is going to be much easier when you have your own animal on your side.'

That 90 pound pit is not going to do much serious damage to your 40 pound animal in the few seconds it takes for you to unholster your weapon and put it down. You can attempt to break up the fight first if you are in a really unfriendly state, and put the animal down when it turns on you as it no doubt will.
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I thoroughly disagree. you ever seen a dog fight? You know those cartoons where it's just a whirling ball of dust with an occasional arm or leg sticking out? That's a dog fight. How are you going to ensure you don't hit your dog? And the thought that my dog will know to and be able to assist me in such a threat is almost laughable. Dogs are instinctive animals first and foremost and in the blood and adrenaline (do dogs have adrenaline?) of a fight, he's as likely to bite me as the other dog is. no, I'm sorry. I see a pit/rottie/german shepard/mastiff charging me and my dog with teeth bare, hair standing and tail tucked, I'm shooting first and asking questions second. Obviously, if we're talking about a pomeranian or a schnauser or some other such little yappy dog, fine but a dog with evil in his eyes is going to get the same from me. Context and discretion are keys to assesing threat in this case..

I do have to say though that I feel like i'd probably be less likely to assume the use of deadly force if my dog's not with me.

Oh and I'm not a lawyer.
 
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You are however in Texas, and much less likely to lose your freedom or face charges from such actions. Many viewers will not have that luxury.
Either way you kill someone's animal and you will have an enemy, don't do so lightly. At the same time don't let you or your loved ones be harmed.
Where you draw the line is up to you, and we all live with the consequences of our decisions.
 
Don’t be too sure even in Texas. A friend of mine shot the neighbors dog. Outside the city limits, the dog was chasing and terrorizing his young daughter on his property. The legal and financial problems he encountered were staggering.
 
Just backs up my arguement that I'd rather be a dog. Thinkn about it. Roof over head, you sleep 12 hours a day, someone feeds you, bathes you, loves you, pets you. Sure the occasional flea or tick infestation is a drawback, and there's always the threat of the youngest daughter in the family dressing you up and parading you around the neighborhood in her bicycle basket. You laugh but my little sister did this to our dog growing up.. poor dog. but life can and does get a whole lot worse for people...

do dogs have free will?
 
Up around these parts, if a dog is running the streets, the owner of said dog broke the law first. So if you are threatened and have no means of retreat, I would do what I needed to do and lawyer up after just to be sure to hopefully stay out of legal trouble.
 
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