Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Arrow Left Previous Page
Page / 2
Posted: 1/12/2006 7:22:49 AM EDT
[Last Edit: 1/12/2006 7:31:25 AM EDT by Digitalpunk]
I was walking down the street a couple weeks ago and a some sort of rottweiler mix came from a side street and started walking towards me. Dogs seem to like me but I got ready to grab my Glock 19 anyway. As I went past the dog ignored me, but it didn't have a collar and was in the middle of the street so I called the PD. My question is, if the dog had displayed aggressive behavior, i.e. tried to bite me, would I be within my legal rights to shoot it on the sidewalk in city limits?



Abe
Link Posted: 1/12/2006 7:24:02 AM EDT
tag
Link Posted: 1/12/2006 7:25:02 AM EDT
good question.

I'd think so as long as you have a CCL.


might hit you with a misdemeanor "discharging of firearms within city limits" kind of thing

beats having your ass chewed off.
Link Posted: 1/12/2006 7:25:14 AM EDT
Probably legal but you'd be in a boat load of trouble. Trust me, I know.
Link Posted: 1/12/2006 7:25:55 AM EDT
Link Posted: 1/12/2006 7:27:07 AM EDT
Well if you are in fear of your life then BANG..BANG..BANG..BANG..BANG..BANG



What else are you going to do soothing coments and reason are not going to stop a dog intent on eating you.
Link Posted: 1/12/2006 7:27:17 AM EDT
You a cop? If not you should be. I'm kidding, really. If the dog tried to bite me I would not hesitate to drop it. We're not talking about a toy poodle here, rotties are strong dogs that could do a lot of damage if they wanted to. I would say it would be a justifiable homicide. MJD
Link Posted: 1/12/2006 7:28:32 AM EDT
[Last Edit: 1/12/2006 7:29:56 AM EDT by TheTracker]
That's a tough one to answer, If you had a witness also saying the same story that it tried to attack you or him then I don't see a problem. Let the lawyers of this forum answer.
I think without a witness that it would be a tough one
Link Posted: 1/12/2006 7:29:21 AM EDT
Hard one? One shot, one kill=ok. Spray the whole area to off 1 dog?
Link Posted: 1/12/2006 7:30:08 AM EDT
It's only legal to kill a dog if your in PETA!
Link Posted: 1/12/2006 7:30:51 AM EDT
[Last Edit: 1/12/2006 7:33:06 AM EDT by Dolomite]
Oh Jesus.

A CCW doesn't magically grant you the power to shoot things.

It allows one to carry State approved concealed weapons in specific places where another person without a permit doing the same would be subject to legal sanction. That's it.
Link Posted: 1/12/2006 7:32:55 AM EDT
[Last Edit: 1/12/2006 7:33:25 AM EDT by Nimrod1193]

Originally Posted By bblake00:
Well if you are in fear of your life then BANG..BANG..BANG..BANG..BANG..BANG

...



Actually, the standard for animals is different than that for humans. In most jurisdictions, if you are reasonably in fear of bodily injury from an animal, you may employ necessary force, including deadly force, against the animal to protect yourself.
Link Posted: 1/12/2006 7:39:59 AM EDT
Grow some balls and stop looking for excuses to shoot things. There are several way to stop an animal besides shooting it. Besides, it did nothing (but you wanted to draw on it). Shooting it just gets you in trouble and it dead. Shoot its owner for allowing to wander!
Link Posted: 1/12/2006 7:48:26 AM EDT
If you are in fear for your life, do you care whether it's legal or not? I have had my family attacked by dogs while bike riding, and I shot the ground in front of the lead dog. Fortunately they turned around and ran away, otherwise the follow up shots would have been messy. I have no problem at all with the idea of shooting a dog that is threatening my life. It's legal to defend your life where I live.

To those that speculate that he was looking for a reason to shoot something, I ask you what proof do you have to base this assumption on? It sounds to me like he was being situationally aware, and he had a plan should he be attacked. He did not however shoot the dog, he called the proper authorities. I think this was the right way to approach the problem and entirely appropriate. Being ready to defend yourself is not the same as looking for trouble. I think the poster deserves credit for having his gun, being aware of a potential threat, having a plan to deal with the threat, and using good judgement in his particular situation.

Why people have to bash everyone that wants to discuss self defense is beyond me.
Link Posted: 1/12/2006 8:08:33 AM EDT
This is exactly why you should also carry "less than lethal" weapons with you.

pepper spray
sap
knife
baton
stun gun
blah, blah...

Subject to State law, of course

added for post 666

Link Posted: 1/12/2006 8:30:31 AM EDT

Originally Posted By kissfan:
This is exactly why you should also carry "less than lethal" weapons with you.

pepper spray
sap
knife
baton
stun gun
blah, blah...

Subject to State law, of course

added for post 666




That shit don't always work with a dog.... (sprays that is)
Link Posted: 1/12/2006 8:44:00 AM EDT

Originally Posted By TheOtherDave:

Originally Posted By kissfan:
This is exactly why you should also carry "less than lethal" weapons with you.

pepper spray
sap
knife
baton
stun gun
blah, blah...

Subject to State law, of course

added for post 666




That shit don't always work with a dog.... (sprays that is)



My sap and knives do...
Link Posted: 1/12/2006 8:44:53 AM EDT
I would put a choke hold on it!

Link Posted: 1/12/2006 8:53:42 AM EDT
It's the same standard that you'd have if it were a human attacker. Imminent peril of death or serious bodily injury. Remember, it's gotta be imminent and serious.

Of course, the problem with an attacking dog is that you'd never know the difference between a defensively barking dog and a dog that's about to attack you until the dog is standing on your chest chewing on your neck. Unless, of course, you have ninja-like reflexes like me
Link Posted: 1/12/2006 8:55:41 AM EDT
The only time I ever had to consider this question was when 2 Dobies appeared in full attack mode as I was in the field. As I was walking back to my truck down the opposite side of a road from where they resided they came tearing out at me growling and teeth barred.

I waited until the first one reached the other side of the pavement from me and drew my 1911, figuring I'd have to shoot atleast one of 'em, but the instant the lead dobie saw the pistol he slammed on the brakes so fast the trailing dobie ran right into his butt, rear-ending the first.

I laughed my ass off as it was pretty funny at the time......., smart dogs those dobermans.

No harm, no foul as we all went our seperate ways.

Mike
Link Posted: 1/12/2006 9:17:46 AM EDT
[Last Edit: 1/12/2006 9:19:06 AM EDT by FLAL1A]
In most jurisdictions, the concept of "deadly force" applies only to humans, because the only life comprehended in general law is human life. You do not commit an assault when you point a gun at a parakeet. If you shoot a dog, you are (1) damaging or destroying property (2) with a firearm (3) by discharging the firearm.

If the neighbor's souped-up riding mower were coming at you at 20 mph and you were hemmed up in a corner with no place to go to avoid being run down, it would be reasonable to shoot the mower (or the operator if one were present) to stop it. The question would simply be whether the threat to you constituted necessity sufficient to supercede restrictions on the use of firearms in a populated area, in proximity to houses, et c.

Every animal cruelty statute I have seen forbids only unnecessary killing or injuring of animals. I would certainly categorize destroying property in order to avoid a real possibility of injury to be necessary. If the globe from a street light is about to fall on your head, you would certainly be justified in swatting it with a bat, even if it destroyed the globe. Dogs are property.
Link Posted: 1/12/2006 9:55:47 AM EDT
[Last Edit: 1/12/2006 9:59:07 AM EDT by Hellraiser]
It's strange that some dogs seem to know what a gun is.

I got home early on Monday afternoon and was working in the garage around the time the local elementary school up the street gets out (which my 6 year old boy attends). I heard some barking and screaming so I looked out in the street to see a neighbor's german shepard (a real asshole with a bad attitude - the dog not the neighbor) running around scaring the kids - no bites yet that I witnessed. I decided that this was the day the dog would meet it's maker. The dog was notorious for getting out, biting other dogs, and the neighbor (a clueless single mom) never did anything to prevent future terrorists activities, such as installing a taller fence, chaining up the dog, etc...

So I grab the ol 12 guage pump, eject out a few of the Fedaral tactical buckshot that I keep loaded for home defense and load up a few slugs and run out to introduce Mr. German Shepard to the afterlife. At this time my son is walking down the street and sees whats going on and runs over to me. I send him inside , he does not need to see what is about to happen. I ran to the dog to get close enough for a sure shot, the dog sees me and runs home and jumps the backyard fence and runs into his doghouse and stays there.

Alot of other neighbors had gathered in the street at this point and we decided that we were not taking it anymore. I called animal control and told them what was going on. They came pretty quickly (must have had an agent in the area already) and a police cruiser happened to drive by and see the crowd and stopped to see what was going on. I joked with the crowd that the dog was surely dead now that the cops have shown up, some of them didn't seem to get it though. We gave our complaints and during this time the clueless owner of the dog arrives home. To make a long story shorter, in the end the dog was taken by animal control, and we were assured that the dog would not be returned to the owner due to the number of complaints (present & past).

But I found it funny that the dog which is generally fearless was able to recognize the threat of the pissed off father with a shotgun, it somehow sensed it's doom and tucked tail and ran home.

Link Posted: 1/12/2006 9:58:21 AM EDT

Originally Posted By Hellraiser:
It's strange that some dogs seem to know what a gun is.


+1. They may not know what a gun is, my old black lab sure did, but most dogs can tell when their potential victim isn't afraid of them.
Link Posted: 1/12/2006 10:03:38 AM EDT
Roundhouse kick to the face
Link Posted: 1/12/2006 10:06:46 AM EDT

Originally Posted By kissfan:
This is exactly why you should also carry "less than lethal" weapons with you.

pepper spray
sap
knife
baton
stun gun
blah, blah...

Subject to State law, of course

added for post 666





You Also have the Knights In Satans Service emblem. Scary!
Link Posted: 1/12/2006 10:08:04 AM EDT
[Last Edit: 1/12/2006 10:11:48 AM EDT by Cavu]

Originally Posted By Badass03:
Roundhouse kick to the face



Hope you don't miss and end up with a Rottie attached to your balls.

ETA: In response to the original question concerning legality of shooting a dog, I believe that would vary depending on local laws. I would suggest you call the local AG's office and ask.

Link Posted: 1/12/2006 10:10:14 AM EDT
Link Posted: 1/12/2006 10:12:45 AM EDT
I'm pretty sure you have to be LEO to shoot dogs. Or was it, LEO's have to shoot dogs? I can never keep that straight....
Link Posted: 1/12/2006 11:47:10 AM EDT
Check your local jurisdiction. Here, you can claim a bounty from the Rancher's Association.

When I was a kid that was my main source of income. Bought my first shotgun that way.
Link Posted: 1/12/2006 11:53:36 AM EDT
Of course it's legal! The Po-Po does it all the time!


Originally Posted By JUSTINHIP:
Grow some balls and stop looking for excuses to shoot things. There are several way to stop an animal besides shooting it. Besides, it did nothing (but you wanted to draw on it). Shooting it just gets you in trouble and it dead. Shoot its owner for allowing to wander!




Link Posted: 1/12/2006 12:01:30 PM EDT
Sure it is like killing anything else, you just yell it's comming right for me and you can shoot anything, dogs, cats, cars, houses, old people on moterized carts, greeters at wal-mart, the list is endless

+1 on the roundhouse kick
Link Posted: 1/12/2006 12:04:59 PM EDT
If the dog is attacking you why the hell not
Link Posted: 1/12/2006 12:11:51 PM EDT

Originally Posted By petagunner:
You should have employed the tactics of a dog whisperer

He'd of hissed, pointed a finger, and looked the dog right in the eye.

You know what I'd love to see on that show?

Close-ups of that guy's hands.
Link Posted: 1/12/2006 12:12:03 PM EDT
The worst that would likely happen, in FL, is that you would get a misd... Most likely a fine. That is if you were reasonably in fear for your life, not wanlking around shooting dogs.

I've always been told that it is illegal to shoot dogs in FL*, but you're allowed to shoot coyotes... Go figure.

*Remember the guy who was shooting the puppies and one of the puppies got it's paw in the trigger guard and ended up shooting the bozo. Dude got a small fine, probation, and 50hrs of community service... They dropped all the felony charges... These were puppies that he was executing... Not some snarling pit bull on the street.

As a side not, you could get sued by the owner though... Bet to get bit first

They are property as said, I hit some guys dog (sucker would run out in the street afetr autos.) I sent the guy a bill for the damage to my bumper. That's the kind of asshole I am.

Yes, he paid.
Link Posted: 1/12/2006 12:31:44 PM EDT

Originally Posted By mr_wilson:
The only time I ever had to consider this question was when 2 Dobies appeared in full attack mode as I was in the field. As I was walking back to my truck down the opposite side of a road from where they resided they came tearing out at me growling and teeth barred.

I waited until the first one reached the other side of the pavement from me and drew my 1911, figuring I'd have to shoot atleast one of 'em, but the instant the lead dobie saw the pistol he slammed on the brakes so fast the trailing dobie ran right into his butt, rear-ending the first.



I thought you were supposed to whip around real quick, wait for them to jump at you, smash their heads together and say "Stay"...

All while wearing a tuxdeo.
Link Posted: 1/12/2006 1:22:06 PM EDT
Had a few issues with the neighbors dog on my land barking at me, was exploring the options with the sheriffs dept. Basically pets are considered to be property. Not wise to shoot it out of hand but if you feel threatened, even if the dog tries to bite you while you are trying to detain if for animal control, then plug it. I think most police are as fed up with loose dogs as the rest of us.
Link Posted: 1/12/2006 1:33:51 PM EDT
Thanks for all the replies guys, I honestly didn't want to shoot the dog. I even felt guilty about calling the police because I knew animal control would probably end up putting it down if they couldn't find the owner. I have several dogs of my own and love them, it hurts to lose them. I would have only shot the dog if it had actually bitten me or my clothing, which I've had happen with out me resorting to lethal force.


Abe
Link Posted: 1/12/2006 1:46:36 PM EDT
[Last Edit: 1/12/2006 1:46:55 PM EDT by FLAL1A]
When I was a kid, dogs ran loose everywhere. I don't think anybody I knew owned a leash, and nobody was ever bitten by a strange dog. The worst I recall happening was some kid (maybe me) falling when a dog scared him as he rode past the dog's house on his bike. What's with the nutso dogs these days?
Link Posted: 1/12/2006 1:47:07 PM EDT
Link Posted: 1/12/2006 1:49:25 PM EDT
the rules are probably the same for killing humans. Did you fear for your life? Reasonable means of escape not available? No lesser force will do? Were you a reluctant participant?

The only difference is you can't be tried for muurder if you are wrong.
Link Posted: 1/12/2006 2:16:49 PM EDT
Having been forced to shoot a dog in two separate incidents.
It is not something you want to do unless you have to.

I had a 130ish pound Rotty/Mutt mix charge me as I was walking down my driveway one sunday morning to get the paper. I saw the dog acroos the road in the ditch and kept an eye on it.
I proceed to get the paper and turn to head up the driveway, I look over my shoulder and see the dog charging at me, I drop the paper spin around draw my Sig P220 and put 3 230 grain +p Federal HSTs into the dog. Dog was killed instantly 2 shots shattered the skull and the third hit the dog in the spine near its pelvis.


The second dog attacked one of my Labs while I was in the front yard playing with her.

I drew my Sig P220 and shot at that dog 6 times hitting it 4 times.

It was a 90ish pound Mutt that had a severe attitude problem.
Both dogs were owned by people in my neighborhood.

That is what they get for letting them run loose.

I faced no criminal charges, was sued by both owners, both cases were thrown out. I countersued the second owner and won damages of $4,500 and he had to pay my legal fees.

I hope I never have to do it again.
My cases were pretty clear because I was on my own property.
Link Posted: 1/12/2006 2:42:57 PM EDT
My six year old daughter and I were taking a walk in my neighborhood one evening when a medium sized shiteater (dog) tore out the front door of a neighbors house really barking and coming toward my daughter and me. I ripped my Glock 23 loaded with 135 grain Cor-bons from my fanny pack and placed a round in the mid-section of the leg biter. He almost made it to the street when he fell motionless. My daughter was screaming, the neighbors brat was screaming, the neighbor was screaming.

I immediately took my daughter home (in fear the neighbor my start shooting at us). I called the Sheriff's Dept from my house and waited on them to arrive at the neighbor's home. I returned with no Glock. The next two hours went by with a load of talk. I went home and the neighbor went back in the house and that was the end. If I had not done some conversative conversation it could have been ugly.

The bad thing was the neighbor had an invisible fence at the edge of the street. The dog according to them was going to stop. The Deputies(all three car loads) were very cool about it. Damn lucky I didn't get prosecuted. I moved the next summer to 40 acres with NO neighbors.

:
Link Posted: 1/12/2006 7:15:45 PM EDT
[Last Edit: 1/12/2006 7:16:03 PM EDT by XDBACKUPGUN]

Originally Posted By Reb52:
My six year old daughter and I were taking a walk in my neighborhood one evening when a medium sized shiteater (dog) tore out the front door of a neighbors house really barking and coming toward my daughter and me. I ripped my Glock 23 loaded with 135 grain Cor-bons from my fanny pack and placed a round in the mid-section of the leg biter. He almost made it to the street when he fell motionless. My daughter was screaming, the neighbors brat was screaming, the neighbor was screaming.

I immediately took my daughter home (in fear the neighbor my start shooting at us). I called the Sheriff's Dept from my house and waited on them to arrive at the neighbor's home. I returned with no Glock. The next two hours went by with a load of talk. I went home and the neighbor went back in the house and that was the end. If I had not done some conversative conversation it could have been ugly.

The bad thing was the neighbor had an invisible fence at the edge of the street. The dog according to them was going to stop. The Deputies(all three car loads) were very cool about it. Damn lucky I didn't get prosecuted. I moved the next summer to 40 acres with NO neighbors.

:



Great Example of a Legal shoot....you were in fear of you and your daughters safety...how are you to know that they had an invisible fence?
Link Posted: 1/12/2006 7:26:57 PM EDT
[Last Edit: 1/12/2006 7:28:56 PM EDT by USGI_45]
Hahaha, reminds me of a story

Me and a friend went to a pizza place. We get in there and one of out friends was wrapping up his hand. He tells us that a dog just bit him.
We look out the window, and across the street was a Rott laying on the edge of the road. This is in a downtown area. Being the idiot I tend to be sometimes I decide to go approach the dog.

I crouch down and begin closing in on the dog. It keeps its head down, but I see it looking at me out of the corner of its eye. I get a little closer and it curls its upper lip and starts Growling.....all with its head on the ground. I get within six yards and the dog is still growling and Im still crouched down. In my moment of genius I decided to stand up quickly throw my arms out and yell........stupid choice. I dont think Ive ever backed up so fast in my life. The dog jumped to its feat and charged me. I basically just peddled back about 15 yards and the dog decided I wasnt a threat anymore.

So being the typical ARfcommer, I wanted my own cop shoots dog story. I tell my friend to go tell the police that there is a dog that just bit your friend. This is a rich tourist town, so not much real crime. Cops came rushing down, but the owner had just returned and put the dog in his truck......I was so bummed I wanted to see a cop shoot a dog, so I could post all about it on ar15.com

Link Posted: 1/12/2006 7:48:57 PM EDT
Link Posted: 1/12/2006 7:50:01 PM EDT

Originally Posted By kissfan:
This is exactly why you should also carry "less than lethal" weapons with you.

pepper spray
sap
knife
baton
stun gun
blah, blah...

Subject to State law, of course

added for post 666




Not trying to be an ass here, but if you use the knife on the dog wouldn't your intent be to stab it in a vital organ or neck in an attempt to stop an attack?

Where is the less than lethal aspect of tusing the knife on the dog?

Link Posted: 1/12/2006 8:00:59 PM EDT

Originally Posted By Nimrod1193:
Actually, the standard for animals is different than that for humans. In most jurisdictions, if you are reasonably in fear of bodily injury from an animal, you may employ necessary force, including deadly force, against the animal to protect yourself.



How is that different than for humans?
In fear for your safety/safety of others = deadly force justified.
Link Posted: 1/12/2006 8:01:44 PM EDT

Originally Posted By JUSTINHIP:
Grow some balls and stop looking for excuses to shoot things. There are several way to stop an animal besides shooting it. Besides, it did nothing (but you wanted to draw on it). Shooting it just gets you in trouble and it dead. Shoot its owner for allowing to wander!



Possibly the worst advice ever given on this board.
Link Posted: 1/12/2006 8:27:05 PM EDT
I almost shot a dog once. For a summer I coached a soccer team. During a game this jacked up one-eyed( I do not joke) pitbull/demon mix ran unto the field and started barking and chasing the players, these players were 9-12 year old girls. I yelled at the dog, smacked it in the head with a soccer ball and it charged me. I happened to have my pistol on me and had put my hand on the grip, popped the thumb-break and was about to draw when a loud whistle sounded and the dog turned and took off, I never saw it again. I and the lead coach were quite glad I didn't shoot some dog in front of a buncha kids and their rich parents. I would have been responsible for some really f'ed up"What I did this summer" stories.
In hindsight I was prepared to shoot the dog, but am very, very happy I didn't have to.
Shooting a dog is legal as long as it is a danger or a nuisance on your property (that means not on a leash here). If the owner could prove you shot it you would owe them fair market value for killing it like any other property, as dogs are considered in this state. I am not going to let any dog bite me, if I think i can stop it with a kick, a kick it gets, if it seems to be a bit more then the size 14 can handle I would have to escalate to something more appropriate.
Link Posted: 1/12/2006 8:31:21 PM EDT

Originally Posted By pattymcn:
Probably legal but you'd be in a boat load of trouble. Trust me, I know.



He's talking about shooting a dog for defense...not your fiasco when you were "hunting cows."

Link Posted: 1/12/2006 8:48:57 PM EDT
CAVU had the best advice, check with your local legal experts not the bozos around here.

How about "Make sure the blood trail starts in the street!

I would bet that the standard is no where near that for shooting people. In most cities and probably unincorporated areas, dogs and other dangerous animals are supposed to be kept on property, a dog coming after you aggressively where you are supposed to be and he isn't supposed to be. I had a Rottie come trotting out after me and one of my Bassets one evening, wished I had a ccw at the time. Luckily this was my neurotic basset and she was in my arms on her way to my shoulders as soon as she saw the other dog. I yelled come get your Rottie before something bad happens and the door next door came flying open. Luckily the dog was friendly and came over and wanted to play.

I have no doubt that if I had shot an aggressive stray attacking I would be in the clear. California common law and a jury would find it dificult to convict either criminally or civilly someone who shot an aggressive dog attacking him. (Just be damn sure the dog is attacking on public property)

596. Every person who, without the consent of the owner, wilfully
administers poison to any animal, the property of another, or exposes
any poisonous substance, with the intent that the same shall be
taken or swallowed by any such animal, is guilty of a misdemeanor.
However, the provisions of this section shall not apply in the
case of a person who exposes poisonous substances upon premises or
property owned or controlled by him for the purpose of controlling or
destroying predatory animals or livestock-killing dogs and if, prior
to or during the placing out of such poisonous substances, he shall
have posted upon the property conspicuous signs located at intervals
of distance not greater than one-third of a mile apart, and in any
case not less than three such signs having words with letters at
least one inch high reading "Warning--Poisoned bait placed out on
these premises," which signs shall be kept in place until the
poisonous substances have been removed. Whenever such signs have
been conspicuously located upon the property or premises owned or
controlled by him as hereinabove provided, such person shall not be
charged with any civil liability to another party in the event that
any domestic animal belonging to such party becomes injured or killed
by trespassing or partaking of the poisonous substance or substances
so placed.


597f. (a) Every owner, driver, or possessor of any animal, who
permits the animal to be in any building, enclosure, lane, street,
square, or lot, of any city, city and county, or judicial district,
without proper care and attention, shall, on conviction, be deemed


from Dog Bite Law

California provides a privilege to kill any animal that is worrying, wounding or killing certain other animals. California Civil Code section 3341, subdivision 2, states that any person can kill any animal (including a dog) that is off the premises of the owner and is worrying, wounding or killing certain listed animals:

3341, subd. 2. Any person on finding any dog or dogs, or other animal, not on the premises of the owner or possessor of such dog or dogs, or other animal, worrying, wounding, or killing any bovine animals, swine, horses, mules, burros, sheep, angora or cashmere goats, may, at the time of finding such dog or dogs, or other animal, kill the same, and the owner or owners thereof shall sustain no action for damages against any person so killing such dog or dogs, or other animal.

If a dog comes into your backyard and is killing your pet rabbit, you cannot kill the dog and claim a privilege under this statute, because rabbits are not listed. However, your fault (if any) for killing the dog would be compared with the fault of the dog owner. While you would not be entitled to claim a privilege to kill, a jury might decide that you nevertheless acted reasonably, or that the dog owner was principally at fault. This is because there is a common law privilege for defending domestic animals from attack:

"The section [Civil Code sec. 3341] was not intended to, nor does it, abridge the common law right of a person to defend his domestic animals against the attacks of dogs, or to kill such dogs when the circumstances warrant the belief that his property is in peril. At the common law the justification for the killing was complete when it appeared that the dog was engaged in worrying and terrifying domestic animals in their own lawful enclosure, and where the necessity of the killing in order to protect the property was apparent." (Sabin v. Smith (1915) 26 Cal.App. 676, 678-9.)

The right to kill a dog or other animal that is attacking a domestic animal is not affected by consideration of which animal is more valuable. "The right to kill a dog found trespassing and endangering property is not affected by the relative value of the dog and the property being injured." (Sabin v. Smith (1915) 26 Cal.App. 676, 680.)


guilty of a misdemeanor.
Arrow Left Previous Page
Page / 2
Top Top