In Part I, we saw the actions Clint took to defend his dog from being killed by the neighborhood stray. Now, in Part II you will learn if his actions followed the law. Watch Independent Program Attorney Doug Richards teach you the law, so you will know what to do if you find yourself in a similar situation.
Paul Ready: Welcome back to Part II of our feature on defending your pets. In Part I, our member Clint was forced to defend his dog against an attack by another bigger dog. Many of you have asked what the law says about how and when you can defend your four-legged friends. The answer will be different depending on the law in your state. That’s why we’ve asked the Independent Program Attorneys in your state to tell us more.
Doug Richards: I think we all consider our pets to be an extension of our family. However, Colorado law says that our pets are simply private or personal property, and Colorado law further says that you cannot use deadly force to defend your private or personal property. So putting this into motion if you’re out walking your dog and another animal comes up to attack your dog you cannot, just on that alone, use deadly force to protect your private property or your dog. However, if you believe, reasonably believe, that that animal is going to be attacking you, or tries to attack you or a third party, then you can use the amount of force that’s reasonable under the circumstances to stop that threat just like you could stop any other threat under those similar circumstances. So that’s why if anything like this occurs in your life, whether it’s while you’re walking a dog or something attacks your animal in the back yard, and you end up having to discharge your firearm to stop a threat that’s ultimately coming towards you; you must immediately contact U.S. LawShield and let a trained attorney from my office help you navigate this situation to make sure everybody, including the police, understand that you were in fear for your life and that you are not simply trying to protect private property.
Paul: For more information on when you can use force in your state, please go to GunLawSeminar.com and register to attend one of our events in your area. If you missed Part I of Clint’s story, you can click the link on your screen to see it. And as always if you are not a member we would love for you to join us at uslawshield.com.
What about defending your pet against a coyote?
Your pet is considered private property in Colorado. Therefore, if a coyote is causing damage to your pet while on your land, you are likely justified in using deadly force to protect your pet. See C.R.S. 33-6-107(9), “Any person…may take…coyotes…on lands owned or leased by the person without securing licenses to do so, but only when such wildlife is causing damage to crops, real or personal property, or livestock.”
However, if the incident occurs off your land, a person is only justified in using any “reasonable and appropriate” force to protect private property. Under this circumstance, it is unlawful to use deadly force to protect private property (i.e. a pet).
I have US Law Shield and watched these recent videos but something doesn’t add up. I live on a rural property and if I see a Coyote, I can shoot it (I have the required small game license). It doesn’t matter if its directly threatening my dogs, animals or me. Likewise any stray dog that I feel is a threat in anyway, I can can shoot on my property. Off property is another matter. So the advice that I can’t use “Deadly Force” on a stray dog in my own yard doesn’t make sense. A stray, aggressive dog on my property, wild (coyote) or feral can be shot and its not a US Law shield or law enforcement issue. I’m not shooting a person threatening my animals, I’m shooting another animal.
Colorado law needs ro be amended concerning other dogs that viciously maul or kill a family pet. The attacking dog will sense that there is no punishment because THERE ISN’T! It is very likely after acquiring the taste for blood,, it will attack another pet with impunity. I say pets are LIVING, Breathing creations of God and NOT inanimate personal or private property. This Colorado State Statute encourages the harboring and protection of dangerous animals. That same dog involved in a vicious attack against a family pet will have the propensity to attack babies or small children. We have to change the law to Put them down.