Had to pepper spray a pitbull today in East Meadow. Cops called. Situation resolved - I hope.

Well....Fox Labs OC works VERY well...on large dogs at least...

I was walking out of my house with my wife and 21 month old son this afternoon when the neighbor's pit bull (one of two) came running in our direction VERY aggressively. People in the neighborhood have had problems with these dogs before and I've heard stories of them biting other people.
This happened VERY fast. If I hadn't seen him coming from a good distance I probably wouldn't have had time to pull the spray out before the dog bit my kid. I sprayed the dog as he reached about 3 feet away. It clearly affected him. He turned tail and ran away pretty quickly...

BTW, I have a 120 lb German Shepherd that is a gentle giant. I can tell the difference between playfulness and aggression in dogs and this was pretty clearly aggression. I had no qualms about spraying the dog under these circumstances.

Called the cops on my cell immediately after it happened because these neighbors refuse to control these dogs and I don't want another incident. Introduced myself to the cops immediately as the caller and offered them my ID (which they took and thanked me for). They asked me some questions and asked me to go calm down my wife who was still crying because she'd seen the dog nearly attack my son. The neighbor tried to tell the cops that I pepper sprayed her when I sprayed the dog, but they didn't seem to buy that story...which, I assume was because she didn't have any signs of being sprayed. They didn't give me a hard time either about a comment I made about shooting the dog if he bites my son...woman cop just asked me "You mean defensively right? You're not going to chase down his dog and shoot it" to which I replied "Yes, defensively" and they just dropped the issue. Cops told the neighbors to keep the dogs tied up because if they got called back over the dogs, they would have more serious problems. Said they would likely lose the dogs if they're deemed vicious.

Unfortunately, I doubt they will comply. I know I have civil remedies if it happens again. I'm a few months away from being admitted to the bar (going through character and fitness now), so that was one of the first things I thought about. I wanted a record of the dogs' aggression because of the one-bite rule. Only problem is, I know these neighbors have major financial problems and are likely judgement proof. So I doubt they have anything to lose on the civil side by not controlling their dog. I admit I'm not sure if they could face criminal liability if we have a problem again and someone gets hurt, but its something I plan to look in to.

Anyway, none of us got injured and my wife's just a little shaken up over the whole thing. My son got a bit scared and cried for a while right afterwards, but he seems fine now. Pretty good ending that could have been much worse if I didn't have the Fox Labs OC on me.

Now just have to figure out how to get a new can...none of the LI gun shops carry Fox Labs that I know of (and most of the online distributors don't ship to NY, since NY sale is restricted to gun-shops and pharmacies). Anyone have any ideas?

First of all I'm glad your family is ok. The owners sound like complete idiots. I see no reason to have a dog that is human aggressive, but if you do why the Hell is it not restrained? Is there no leash/confinement law in your area? Since you said the dog has done this before can't the owners be dealt with? Maybe you should have sprayed the owner as well. A dog(regardless of breed) that shows aggression with no discipline or owner to control it is a danger to the public and I don't see how it would be allowed to continue with out repercussions. I would make sure the owners are held responsible and fix the situation before someone is hurt. It's irresponsible morons and out of control mutts like these that make owning my dogs difficult. They give responsible owners and the breed a bad name. If only selective breeding could be followed on the human side as well....

Did the cops give you shit or even care that you had a non NY legal pepperspray?

It's not Fox, but I went and bought some Mace brand pepper spray yesterday because of a recent incident with a neighbor's unleashed dog coming after my dog when I was out walking her.

Idiot, irresponsible owners.

As far as I know, Fox Labs brand IS NY legal. In any event, no they didn't care one bit about the pepper spray. Seemed like they felt I did the right thing under the circumstances. They didn't to ask to see it, where I got it, etc... It was completely a non-issue.

every police officer's knowledge of laws, and how they make sense of them is different ...what is legal oc spray in NY..... his might of been...

Glad you're okay, you did the right thing.

If you shoot the dog can you do it with these, would be wonderful to see how well they work

http://www.sgammo.com/product/winchester/50rd-45-auto-p-ranger-t-series-ra45tp-winchester-45

Why the fat GSD? Not getting enough exercise?

No...he's definitely not getting enough exercise...he's gained 26lbs since I adopted him from the shelter...he was 95lbs when I originally got him. Although, he was on the large side to begin with (at 95 lbs, he wasn't skinny, but not overweight either). I have to take him to the dog run more often. He loves playing with the other dogs.

The squeaky wheel gets the oil. Every time you see the dogs off of their leash, dial 911 AND The Town of Hempstead Animal Control. If the NCPD gave you a slip of paper with a "CR" number, you may want to go to their records section and get a copy, for future reference. Responding officers in the future, may be more inclined to A) believe your side of the story and B) more apt to ramp up enforcement action since there already has been one incident requiring physical force to repel an aggressive dog owned by those particular neighbors.

They are only judgment proof if they or their landlord does not have homeowners insurance.

Animal Control officers respond to over 6,000 requests for service, including 500 night emergency calls, every year. If you have a problem concerning a loose or stray dog or an injured or sick cat, contact the Town of Hempstead Animal Shelter at (516) 785-5220. After hours, contact the Department of Public Safety at (516) 538-1900.

Glad all went well. I'm an EM resident also. Where are these dogs? so I can give them a headsup, if in the area. Also, Hudes, is our local politician, EM resident also, and will gladly listen to anything that troubles you.

I'll IM you with the address woolseyspike. Would prefer not to post my address in an open forum. Thanks.

Thoughts: I have no problem with what you did.
1) Your spray is illegal, regardless of its composition, if it is any larger than one of these:
2) Don't mention shooting or guns around a Nassau County PO. Especially if you have a pistol license. Ongoing issues with your neighbors, combined with a situation which might legitimately prompt you to shoot them or their dogs is enough to get your license revoked.
3)Don't call the cops to the scene if you are going to have illegal spray out after you used it and can't help but talking about shooting the dogs. Go to the Pct. and make a report when you are calm.

Where are you guys getting quality pepper spray on the island? Every shop I've been to has those craptastic ones that have a stream like a shitty kids squirt gun. I'd rather not carry pepper spray at all if it's gonna be like that.

I've been sprayed with fox and the mace stuff. The mace stuff doesn't even compare just in terms of range alone and I was sprayed with the cone.

I would suggest you speak with your local animal control authority about the situation. The key being if the dogs are known biters, it is the authority's responsibility to commence a vicious dog proceeding to get an order they be locked up/muzzled. When that order is violated one time, the dogs will be taken.

The nice part being it is the town that will do the work (and incur the cost), not you.

Try calling [url= first[/url]. If you can find someone who was actually bitten by one of the dogs, you will have a much better chance of success.

=========

ETA: What law school did you graduate from?

Hofstra Law School...loved it there, but I actually graduated a few years ago...spent the first couple of years after law school in a family business and then decided to practice...might be going into the Nassau County Attorney's Office shortly...waiting for an answer about the hiring now...

I didn't originally get the Fox 5.3 on the island. That's probably all I'm going to say about that. Hence my question as to whether anyone had ideas about where to find a new one. I may just be out of luck this time around.

Reasons #112487 and #112488 that NY sucks ass and I look forward to the day I leave. Pull a permit because you might actually have good reason to use a handgun. No pepper spray either, on top of don't use a gun. This place is hopeless.

Does the NCAO prohibit the possession of firearms as a condition of employment like the NC DA does?

A little late for that advice. Hopefully the NCPD supervisors who review the incident reports and sign off on them don't actually read any of them.

I hope Nassau DA don't find out about this incident. From what I understand, you have to explain everything, even traffic tickets and employees are not allowed to have a pistol license under Rice

I think that policy was in effect before Rice was elected DA.

Westchester County is not much different, while there's not an outright prohibition, it is strongly frowned upon to apply for a pistol license if you're an ADA. Unless of course, you're the DA herself, then you can lose your shield, and your gun in NYC no less, and Ray Kelly will issue a new permit with the utmost haste.

You're not supposed to know that.

If anybody here knows anyone applying for a NC DA job who has a pistol permit, please get in touch with me. I can promise whoever that is a bunch of money.

Why would a DA prohibit it's employees possession of firearms?

Didn't Balzac72 apply before going to Suffolk years ago?

IIRC the SC DA will sign-off on business carry pistol licenses for ADAs.

A friend of a friend is a NC ADA. I was told they are expressly forbiden to have or get a PP by the current DA.

It's a condition of employment.

http://www.nassaucountyny.gov/agencies/da/Docs/PDF/AppInfoForms.pdf

Gun Ownership
I understand that assistant district attorneys are not permitted to apply for a handgun permit nor own or possess a handgun while employed by the Nassau County District Attorney. Any exception to this policy must be in writing and approved by the District Attorney.

Not that I know of. It's not an issue right now in any event, as I haven't applied for a pistol license yet. Due to the present dog situation, there's a Mossberg Cruiser at the entrance to the house - but that's my only real option right now. There was, at one time, a possibility of me applying to the DA's office and I'm quite familiar with the DA's handgun prohibition. I held off on applying for - somewhat ironically- exactly that reason.

This is my understanding as well.

That is correct as I understand it as well. However, it is the Nassau County Attorney's Office I've been interviewing with, NOT the District Attorney. The NCAO represents the county in civil litigation, provides counsel to its many departments and handles only juvenile prosecutions. As far as I know, the NCAO has no such prohibitions. Moreover, considering the circumstances of yesterday's incident, and the responding officers' apparent view of my situation, I don't suspect I'll have much explaining to do. Let's hope my suspicions are accurate.

In addition to any 2nd amendment issues in the wake of the Heller/McDonald decisons the NC DA also appears to be violating NY Labor law § 201-d (Discrimination against the engagement in certain activities). I don't see any exception(s) for a DA to arbitrarily deny you the recreational use of firearms for target/competitive shooting, hunting as well as all other lawful uses of firearms. Other NYS DAs have no such restrictions and some even encourage their ADAs to possess/carry firearms for their personal protection. The question is what lawful justification that is not arbitrary/capricious does the NC DA have for such a policy?

That's easy, the same justification they use for everything; ADA's are at a higher risk of being singled out by violent offenders who will break into their houses and use their handguns against them, just like victims of domestic violence etc etc.

glad that you are ok.

its not nys legal though unfortunately.

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