Using deadly force to protect your pet

[chiefpropellerhead]

Here in Charleston South Carolina there was a news report this week of a pit bull that was roaming a neighborhood in West Ashley and attacking other dogs. One lady watched as the Pit Bull tore in to her weiner dog and killed it. The pit bull came out of the woods and attacked the dog with no cause. Then later on that afternoon the pit bull showed up in a park not too far away and did the same thing to another dog.

The thought running through my mind was this. If that pit bull had attacked my dog for no apparent reason other than to be vicious I would have put an end to that problem very quickly. The next thought was a question that I would like to pose to you. If I use deadly force to stop a vicious animal from tearing into my pet will I go to jail for discharging my firearm in public?

Yes, I know I need to research the local laws here. I would imagine that the City of Charleston does have ordinances against discharging a firearm in the city limits. Any pet owner that is a CWP holder and carrying concealed would certainly be tempted to protect their pet.

I had a friend of mine, who was working private security many years ago, that got mauled by a pit bull at an apartment complex. He was walking by a gate at the back of an apartment and the dog broke its chain and jumped the fence and attacked him. My friend was armed but it happened so quick he was not able, or decided not to use deadly force. I am thinking that I would have fed the dog the business end of his .357 and pulled the trigger.

 

[buckslayer]

The thought running through my mind was this. If that pit bull had attacked my dog for no apparent reason other than to be vicious I would have put an end to that problem very quickly. The next thought was a question that I would like to pose to you. If I use deadly force to stop a vicious animal from tearing into my pet will I go to jail for discharging my firearm in public?

That pit could very likely turn on you once he is finished with your pet. Remember. "I FEARED FOR MY LIFE"!!! Nobody can say otherwise as they are not you.

 

[Itstjs]

General rule for deadly force is life, limb or eyesight, I was also told to protect your property, the life of someone else, and that includes pets. I would say, shoot the dog if it tried attacking yours, after all else fails.

 

[eaccents]

Here in Charleston South Carolina there was a news report this week of a pit bull that was roaming a neighborhood in West Ashley and attacking other dogs. One lady watched as the Pit Bull tore in to her weiner dog and killed it. The pit bull came out of the woods and attacked the dog with no cause. Then later on that afternoon the pit bull showed up in a park not too far away and did the same thing to another dog.

The thought running through my mind was this. If that pit bull had attacked my dog for no apparent reason other than to be vicious I would have put an end to that problem very quickly. The next thought was a question that I would like to pose to you. If I use deadly force to stop a vicious animal from tearing into my pet will I go to jail for discharging my firearm in public?

Yes, I know I need to research the local laws here. I would imagine that the City of Charleston does have ordinances against discharging a firearm in the city limits. Any pet owner that is a CWP holder and carrying concealed would certainly be tempted to protect their pet.

I had a friend of mine, who was working private security many years ago, that got mauled by a pit bull at an apartment complex. He was walking by a gate at the back of an apartment and the dog broke its chain and jumped the fence and attacked him. My friend was armed but it happened so quick he was not able, or decided not to use deadly force. I am thinking that I would have fed the dog the business end of his .357 and pulled the trigger.

Perhaps the pitbull was ATTACKING YOU and your faithful dog tried to intercept the attacking animal. Fearing for your life and unsure if your dog would be adequate defense against the bloodthirsty animal, YOU SHOT THE PITBULL.

 

[nogods]

In New York state any person who is threatened by a dog or witnesses a dog threatening another person or a domestic animal is allowed to dispatch the dog.

If done while the dog is engaged in the threatening behavior or an actual attack, then the common law "necessity" defense applies and laws against discharge of a weapon would not be enforceable.

However, if one dispatches the offending dog while it is running away (which is still legal under the law) then the "necessity" defense does not apply, and although the person could not be convicted for killing the dog, he could be convicted of violating any applicable firearm laws.

 

[XJ_MAC]

In Ohio a pet is considered PROPERTY. You cannot shoot the dog to protect property, only the life and limb of yourself or another person. So, remember that the dog was coming after you and your dog interceded. You were forced to shoot to protect yourself!

 

[kelcarry]

As XJ says for Ohio, in SC a pet is just considered property and has no rights given to a human, if attacked and in imminent danger of death. Having said that, I have yet to meet an LEO who has not said that if it were their pet, they would not hesitate to kill the attacking animal. As far as I am concerned, if a pet of mine or even one of the ferals that comes visit my home everyday, were attacked by an unleashed animal and was threatened by death or great injury, I would shoot it if I had my gun, I would chop its head off if I had an ax, I would bludgeon it if I had a hammer, I would slice it it I had a knife---property or not as far as SC is concerned, none of these essentially defenseless animals deserve to die that way. Rats, mice, squirrels and other vermin of that sort are not, IMO, in that same category---even akin to a feral cat.

 

[santa]

If my pet was attacked I would assume that that the attacker also has me in its sights and I would dispatch it. I would also have to consider the chance that the attacker might be rabid. Actually about 2 years ago while in my garage with the door open 2 large dogs stood at the doorway and growled and behaved menacingly. At that moment my wife opened the house door to take our small dog out. The 2 large dogs turned to attack either my dog or my wife. I yelled a warning to wife. pulled ouy my gun and was about a heartbeat from shooting the 2 dogs when for some reason unknown the 2 large dogs left. A neighbor saw the incident and called the cops. The leo(a good leo) asked me what happened and there was no problem. I never saw the 2 dogs again and dont know what happened to them.

 

[nogods]

I wonder why states like Ohio and SC prohibit dispatching a dog that is atacking another dog.

In New York we aren't that fussy. If a dog is attacking your dog, go ahead and shoot it.

Also, anyone with a hunting license can dispatch a cat attcking wildlife or even a cat found with a protected bird in its posession.

Up until two years ago, anyone wth a hunting license could dispatch a dog that was chasing deer. Now only leo's can do that.

 

[Oldgrunt]

As XJ says for Ohio, in SC a pet is just considered property and has no rights given to a human, if attacked and in imminent danger of death. Having said that, I have yet to meet an LEO who has not said that if it were their pet, they would not hesitate to kill the attacking animal. As far as I am concerned, if a pet of mine or even one of the ferals that comes visit my home everyday, were attacked by an unleashed animal and was threatened by death or great injury, I would shoot it if I had my gun, I would chop its head off if I had an ax, I would bludgeon it if I had a hammer, I would slice it it I had a knife---property or not as far as SC is concerned, none of these essentially defenseless animals deserve to die that way. Rats, mice, squirrels and other vermin of that sort are not, IMO, in that same category---even akin to a feral cat.

KELCARRY: I could be wrong but I think you are saying you would dispatch the animal. Can't say I blame you and would do the same. Especially if there were children in the vicinity. I read the other day where a woman was killed by her own two Rotweillers who were running loose. Animals like Rots and Pit Bulls should never run loose. Those blood lines could run out for my part. I can not see a need for that kind of animal.:no:

 

[karle]

Here in Charleston South Carolina there was a news report this week of a pit bull that was roaming a neighborhood in West Ashley and attacking other dogs. One lady watched as the Pit Bull tore in to her weiner dog and killed it. The pit bull came out of the woods and attacked the dog with no cause. Then later on that afternoon the pit bull showed up in a park not too far away and did the same thing to another dog.

The thought running through my mind was this. If that pit bull had attacked my dog for no apparent reason other than to be vicious I would have put an end to that problem very quickly. The next thought was a question that I would like to pose to you. If I use deadly force to stop a vicious animal from tearing into my pet will I go to jail for discharging my firearm in public?

Yes, I know I need to research the local laws here. I would imagine that the City of Charleston does have ordinances against discharging a firearm in the city limits. Any pet owner that is a CWP holder and carrying concealed would certainly be tempted to protect their pet.

I had a friend of mine, who was working private security many years ago, that got mauled by a pit bull at an apartment complex. He was walking by a gate at the back of an apartment and the dog broke its chain and jumped the fence and attacked him. My friend was armed but it happened so quick he was not able, or decided not to use deadly force. I am thinking that I would have fed the dog the business end of his .357 and pulled the trigger.

NO here in SC we have decent stand ur ground laws as well as defense of others....as well as castle doctrine which also includes defending ur pets/livestock etc..

yes the police would have come....yes u would have been questioned......but as long as u were in fear for ur pets life and defending ur pet u would NOT be charged......and if for some reason u were charged the charges would get dropped.......

 

[father-of-three]

It depends on the state law. I recently found out that in Pennsylvania a dog can be killed if it is persuing, wounding, or killing people or their pets without recourse of legal liability.

But we still don't have a good "stand your groud" law against people!

 

[kelcarry]

Hey nogods: Cannot answer for Ohio but in SC, it has to do with an agrarian society that has yet to modify its laws to come into the 20th and 21st centuries. Hey we still have laws that, in effect, outlaw your playing Monopoly, and probably have on the books some really really weird laws that would make you scratch your head and say "huh?". Way back in the "olden days" animals were there for a purpose and not for love and coddling. I would think that any other state that still has such an opinion in their law can date it back to the many years gone by and has just not gotten around to changing it.

 

[Daven]

If you disagree, please don't tell me...

At least, if you don't agree with me, please don't be mean and say nasty things. My dad taught me "if you have nothing nice to say, keep your mouth shut".

My dog is very much part of my FAMILY. He is a 2 year old beagle/boxer mix. He is very loyal and my best friend.

That being said, if I was out on a walk with my dog, and another dog, pit, doberman pincher, shepherd, whatever starts to attack me or my dog, I WILL shoot to protect us.

By the way, this thread almost could give pit's a bad name. I know many pit's that are excellent dogs. They used to be called the nanny dogs because in the old days, families would get them to protect their babies. <not harping, just want to let others realize, pit's to chihuahua to beagles, if it has teeth, it can bite>.

I should check our laws to see if I would be screwed if I do, if so, I will still shoot the attacking dog and hope for a jury full of animal lovers.

 

[FN1910]

I ask all SC residents to contact your local Legislative members to get this bill moving. I am not sure of the status of it other than it is on the Senate calendar and Senator Sheheen wanted to take the part about pets out of it.

2011-2012 Bill 122: Self defense against big game animals - South Carolina Legislature Online

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Article 1, Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-108. (A) A person may use a firearm if he is not prohibited by law from possessing a firearm, or may use any other deadly weapon at any time and during any season to kill or attempt to kill any animal if the person reasonably concludes it is necessary for the purpose of:

(1) self-defense;

(2) defense of another person; or

(3) defense of domestic animals.

(B) Any person who uses deadly force against a big game animal or alligator in defense of persons or domestic animals as provided for in this section immediately must report the incident to the Department of Natural Resources. No big game animal or alligator taken as provided for in this section may be retained, by the person or persons taking the big game animal or alligator. The big game animal or alligator carcass must be surrendered to the Department of Natural Resources. Failure to report the incident or surrender the carcass is a misdemeanor and, upon conviction, may be fined up to two thousand dollars or imprisoned for up to one year, or both. Notwithstanding this section, all other laws protecting and regulating taking of big game and alligators shall apply."

SECTION 2. This act takes effect upon approval by the Governor.

 

[Treo]

KELCARRY: I could be wrong but I think you are saying you would dispatch the animal. Can't say I blame you and would do the same. Especially if there were children in the vicinity. I read the other day where a woman was killed by her own two Rotweillers who were running loose. Animals like Rots and Pit Bulls should never run loose. Those blood lines could run out for my part. I can not see a need for that kind of animal.:no:

We can ban assault weapons I don't see a need for those kind of guns.

Why do both statements sound so similar to me?

 

[Edsworld]

Those blood lines could run out for my part. I can not see a need for that kind of animal.:no:

That is the same mindset the anti-gun people have. :angry:

 

[Treo]

Maybe it's me but, I don't understand the need for a gun in this situation. I have never met a dog yet that I couldn't kick silly.

 

[FN1910]

Maybe it's me but, I don't understand the need for a gun in this situation. I have never met a dog yet that I couldn't kick silly.

Treo
Random Internet Tough Guy

I would say that description fits you well. While you are trying to kick one pit bull or mastiff or whatever the other one is going to be pulling the leg you are standing on from under you and having fun with your third leg. :biggrin:

 

[kelcarry]

Last week during the weekend in Mt. Pleasant, SC, as I looked out my rear window, an unleashed, wandering nicely groomed, collared with ID, large pit bull was walking around on my back deck, on my dock, in my backyard and doing same at other neighbors' houses. I have had unleashed collared dogs show up at various times, such as a beagle and smaller dogs and have gone over to them, checked their collar, leashed them with rope and either brought them back to their homes or called the phone number I was able to secure; this large pit bull, even though it had not been aggressive, scared me enough so that I did not go over to it to check its owner's address, and did not secure it with a leash/rope. I called police and was informed that animal control is "off" on weekend and unless dog is acting aggressive, they usually do not come out on the call. After hanging up I realized this made no sense--they were, in effect, telling me that if I saw the pit attack and maul a child they would come out--thanks a lot. I emailed our Town Administrator and relayed my story and on Monday I received a call from the Chief who agreed with me that the police, in answering such a call, should ask what kind of dog and what size dog and if it has or is being aggressive. If the answer to any of these questions is your statistically obvious breeds (pit, rott, shephard, akita, chow et al), is large enough to cause you concern, and certainly if it being aggressive, police should come immediately regardless of day of week or availability of animal control. Today there is a meeting of the Town Committee that deals with police matters and I intend to attend and reaffirm my conversation with the Chief. It would seem that based on the seemingly increasing level of "problems" with "problem dogs", all communities should have police ask these kind of questions and if there is even a hint that the caller is not willing to approach the dog, that should be reason enough for them to respond. Certainly waiting for a child, an adult, or a basically defenseless dog or cat in your yard from being mauled and killed is unacceptable. I would reiterate that if the police do not arrive in time and I perceive such an altercation, "I consider my life under threat" and I will do something to eliminate that threat.