Conceal carry and aggressive dogs.

[Blondie]

Hey yall,
I'm new to this foum, but I had an incident yesterday and I thought that y'all would have the best insight for me. So, I live just outside Houston, TX, and was out for a run with my dog yesterday. He's about 100lbs, and is very well trained. While we were on our run, a German Sheppard, who was loose, came running across the street and attacked us. He bit my dog a few times, but luckily, we're both ok.

UNFORTUNATELY, this is the one day that I didn't have my weapon on me, since I normally run with it. Does anyone know if it is legal for me to shoot an attacking dog on the street in my neighborhood in Houston, TX. The best I could do without a gun was kick him a few times, but if I had it...can I use it?

Looking forward to your responses!! Thanks!

~Blondie

 

[aviatorcharlie]

Blondie

Usacarry.com had a thread much like this. The legalities can be more state specific, BUT the question would probably rest on you feeling threatened. Your dog was probably acting in your defense, so as you described the situation. I would have felt threatened if I were you.

At the very least you probably have a civil case for your dog's vet bills.

A dog (especially a known breed) used for protection has the ability to cause you SERIOUS harm if it attacks. Your state probably has specific laws listed.

 

[Skot Kimray]

I didn't immediately see anything in Texas' gun laws that deal with being in danger of attack by an animal, but I don't think it would be any different than shooting a person who was attacking you. You don't know what the loose dog could be carrying. I know you're asking about the law, not opinions, but if I were in your shoes, I would've shot it.

 

[spirit4earth]

A lot of dogs pick fights---is this what happened. I would say 99% of the time, it would be overkill to shoot the dog.

 

[Skot Kimray]

A lot of dogs pick fights---is this what happened. I would say 99% of the time, it would be overkill to shoot the dog.

In this case, wouldn't Animal Control put the dog down anyway?

 

[Firefighterchen]

While it is true each state will have different laws, the universal truth is, if you feel like your life is threatened or you fear great bodily injury, you have every right to defend yourself. No if, ands, or buts about it. Because of this truth, it really depends on the person involved (just like all self defense shootings). I may handle a situation differently, being a 180 lb 5'10" muscular athletic male, than a 115lb 5' female.

German Shepherds are big, powerful, amazing dogs...but they can do a lot of damage if not trained correctly. In your specific scenario, I would not have shot, I would have fought the dog off with a less than lethal alternative. I have been around dogs the majority of my life, I study and rescue them as a hobby, and i have a lot more patients and training in dealing with dogs. I do not expect anyone else to share my feelings (although there has been a lot of members that have shared these same feelings at USACarry).

 

[Firefighterchen]

A lot of dogs pick fights---is this what happened. I would say 99% of the time, it would be overkill to shoot the dog.

In this case, wouldn't Animal Control put the dog down anyway?

While that is definitely a possibility...it's hard to say what would happen based off the little amount of information in the OP.

 

[Treo]

Pepper spray....

 

[BC1]

In this case, wouldn't Animal Control put the dog down anyway?

Not always. Animal control will often take the dog and cite the owner. Some locals require the owner to show the dog is controllable before returning it. Consider a dog who gets loose without the owner's knowledge. Two dogs squaring off is a natural thing, not necessarily indicative of a problem animal. Attacking humans is quite different. My K9 GSD was always low-key unless provoked or commanded but my little punk border collie was a biter. She was the one I worried about getting sued over. But both would defend against any other dog.

 

[Domineaux]

Oddly enough we have just been having similar discussions on a Texas gun forum I belong to. Guess more folks need to properly control their dogs.
If you felt you OR YOUR DOG were in imminent threat of grave injury, you would be justified in shooting most likely.
Personally I would tend towards kicking an attacking dog before resorting to shooting. You might be amazed how well a medium kick to a dog will make it change course.

 

[Dale64]

Checking your local statutes should be the first thing you do.
I can tell you that in most states you do not have the right to defend your pet by using deadly force.
You only have the right to protect yourself, your loved ones or someone in grave danger. Unfortunately the law does not consider our pets to be loved ones.
However, if YOU felt threatened by the attacking dog then you would most likely be within your rights to use deadly force (check your statutes)
That being said, if I were out for a walk with my Border Collie and she were attacked by a loose and vicious dog and was losing the battle, I am going to put the other animal down and worry about the consequences later. My dog is part of my family regardless of what the law says!

 

[localgirl]

Like aviatorcharlie said, this was discussed before, and out of that thread came an overwhelming amount of evidence that suggested in most places you will not be justified using a firearm to protect your pet. In most places, pets are considered property, and the laws apply to them as such. But, like Dale says, if YOU feel threatened, it's a different story.

 

[Firefighterchen]

However, if YOU felt threatened by the attacking dog then you would most likely be within your rights to use deadly force (check your statutes)

This line is bothering me. If you felt threatened, you have the right to defend yourself, not "most likely". If there are statutes stating you can't protect yourself, you should break those laws, as they aren't only unjust, but against our inherent human rights in general.

 

[Treo]

If you felt you OR YOUR DOG were in imminent threat of grave injury, you would be justified in shooting most likely.

I sure would hate to go to jail on an internet lawyer's "most likely"

 

[Treo]

Checking your local statutes should be the first thing you do.

In case you didn't get it the first time

Checking your local statutes should be the first thing you do.
Checking your local statutes should be the first thing you do.
Checking your local statutes should be the first thing you do.
Checking your local statutes should be the first thing you do.
Checking your local statutes should be the first thing you do.
Checking your local statutes should be the first thing you do.


Is there some part of Checking your local statutes should be the first thing you do. that you don't grasp?

 

[Flanmedic51]

The German Shepard is an idiot because the owner of it is an idiot. For me, if it was evident the aggressive dog was going to kill my dog or cause grave bodily injury to myself, Id shoot the damn thing...but that's what I can do in MY State. Usually yelling and kicking the idiot territorial dog will do the trick and then possibly taking civil action against the owner. But u gotta research your State laws. Capping some a-hole dog because its being overtly territorial may not be the greatest idea....unless its going to eat your dog.

 

[Firefighterchen]

Checking your local statutes should be the first thing you do.

In case you didn't get it the first time

Checking your local statutes should be the first thing you do.
Checking your local statutes should be the first thing you do.
Checking your local statutes should be the first thing you do.
Checking your local statutes should be the first thing you do.
Checking your local statutes should be the first thing you do.
Checking your local statutes should be the first thing you do.


Is their some part of Checking your local statutes should be the first thing you do. that you don't grasp?

Who are you talking to that isn't grasping your message? I haven't seen anyone misunderstanding checking statutes in this thread....

 

[The_Outlaw]

If some overly aggressive larger sized dog decides to attack either myself or my dog while we are going out for a walk, I will most likely bust a cap into that vicious dog.

Let the owners of the loose & overly aggressive dog 'just try' to sue me.

?Was I in fear of my safety?

HELL YES!

 

[mamacat2u]

I asked about this very thing in my CCH class! My instructor said - no one has ever raised this question before - however, he did give me the go ahead if I felt that "I" was in danger. We didn't get into whether "my dog" was in danger. But, I am fairly certain it wouldn't matter either way - my dog = me and there wouldn't be too many witnesses who could differentiate between what "I" felt if attacked. My dog is a 6.5lb. Yorkie - so to get in his junk would be to get in my junk. Just sayin . . .

I walk every night and carry - every night. I feel the same way about animals as I do humans and hope it never comes to the discharge of my weapon - EVER!

 

[localgirl]

The issue here isn't whether a person is justified in killing an attacking animal, or even the repercussions from the animal's owner. Those are pretty minor legalities. The issue is that you are contemplating brandishing and possibly discharging a weapon in what is most likely a populated area within city limits. You have to know your statutes and weigh the consequences of the law with the possible consequences of taking no action.