Is it legal to shoot an attacking dog?
Recently, Our Member Clint found himself in a situation where a stray dog tried to eat his dog. What does the law say? Watch our video to find out how Clint handled the situation.
Sherry Hale: What happens when a vicious animal attacks your pet? Can I use deadly force to protect my pet? What does the law say? Our member Clint, recently found himself in this very situation.
Clint: I just got home from work and let the dogs out while I got started on dinner. It felt like only a second had
gone by when I heard one of my dogs yelp loudly. I ran to the door just in time to see a big black dog attacking one of my babies. He was trying to eat my little dog. I didn’t have time to think, so I grabbed my firearm. After I called the police I called the LawShield emergency hotline on the back of my member card. The program attorney advised me what I should say and do with the police during questioning and no charges were filed.
Sherry: Whether you’re defending yourself or your four-legged loved one, you’ve got enough to worry about with the stress of the situation, but don’t worry about your financial or actual freedom. We’re here for you with our 24/7/365 Attorney Answered Emergency Hotline. Stay tuned for part two to hear your Independent Program
Can you shoot a dog attacking your dog?
Attorney share what the law says in your state, so you will know what to do if you are ever in a situation such as our member was. Oh and no animals were harmed in the making of this video, right Scout? I think he’s just fine.
Your Protection Starts Here!
The information provided in this presentation is intended to provide general information to individuals and is not legal advice. The information included in this publication may not be quoted or referred to in any other publication without the prior written consent of U.S. LawShield, to be given or withheld at our discretion. The information is not a substitute for, and does not replace the advice or representation of a licensed attorney. We strive to ensure the information included in this publication is accurate and current, however, no claim is made to the accuracy of the information and we are not responsible for any consequences that may result from the use of information in this publication. The use of this publication does not create an attorney-client relationship between U.S. LawShield, any independent program attorney, and any individual.
Sadly our state of Florida does not allow us to use a firearm to defend our pets and will charge you with a Felony animal cruelty if caught.
dead dogs tell no tails….. If a stray got on my property, and I had to despatch it, like with a spear, spade, axe, hammer, etc… I might just place the carcass elsewhere… Just my opinion, and no real rabid animals were harmed during the composition of this reply.
Not a great comment to print…”I didn’t have to think so I grabbed my firearm.”
I’d rather my fellow citizens thinking HARDER when they grab a firearm.
As far as I know, the laws in Florida changed recently and NOW you’re allowed to protect your “PROPERTY” AKA Fido as well.
Title XLV Chapter 767
767.03 Good defense for killing dog.—In any action for damages or of a criminal prosecution against any person for killing or injuring a dog, satisfactory proof that said dog had been or was killing any animal included in the definitions of “domestic animal” and “livestock” as provided by s. 585.01 shall constitute a good defense to either of such actions.
History.—s. 1, ch. 4978, 1901; GS 3144; RGS 4959; CGL 7046; s. 1, ch. 79-315; s. 2, ch. 94-339.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0767/0767.html
BTW, I’m not a lawyer, nor provide legal advise :-)
Where’s part 2 referred to in the video?
Patric, part 2 will be in the next newsletter on released on March 20.
By the time you got your “hard thinking” straight, your pet has already became meals for animal(s). LOL
Why don’t you guys go ahead and give the information of what to do and how to respond on the video?
Thanks for your comment, Glen. That part has to be state specific. Tune in next week and we’ll post it!
Discharge of fire arm in the city limits is Breaking the law and you go to jail. I know someone who done something like this in Texas and he went to jail. He was told that it should have been handled a Different way.
Thanks for your comment, Rick. That’s why you need a U.S. LawShield Independent Program Attorney on your side. As a general rule, if your use of a firearm is justified under the penal code, there should be defenses available to you against a municipal discharge in city limits citation.
Thanks LawShield for your great service and help in defending our right to defend ourselves, family and pets when confronted by stray dogs. They very successfully defended me last year in a similar shown in this clip.
I am a member of this organization and an LTC holder in TX, but I can’t for the life of me figure out why anyone who carries a lethal option does not also carry a non-lethal option, like pepper spray or stun gun. It is completely beyond me. I never walk out without both.
In Texas, the laws on shooting an attacking dog or coyote that is planning to go, or going, toe-to-toe with your dog are quite complex, and at the very least you are probably going to be charged and lose your LTC for a while under a whole RAFT of charges — animal cruelty, unlawful discharge, UCW, disorderly conduct, etc. — and then have to wait to be judged by a jury in calm and safety and hindsight as to whether the shooting or killing was immediately necessary under the totality of the circumstances, just like they do when you shoot a person and there are “two sides” to the story. And if the dog you shot was also someone’s pet… good luck with your civil defenses and your neighborhood relations.
Carry spray. Carry a Taser.
The other problem with an animal that is on the attack, is the minute you intervene with anything other than deadly force, the animals can turn on you. My personal opinion, I was afraid for myself and my family. I live in Texas.
What is the best type of spray for an attacking animal?
Well Gregory, it’s hard enough to get ccl holders to carry every day, I can’t see carrying non-leathal weapons also with shorts and a t-shirt. I’ve been in a similar situation, what’s wrong with saying “ I feared death or great bodily harm to myself and others “?
Texas Penal Code Chapter 9 says that you can use deadly force to protect yourself, your property, someone else AND their property.
Probably not a great idea to adveritse
“I didn’t have time to think, so i grabbed my firearm”
I’d rather my fellow citizens be THINKING HARD when they grab a firearm.
Rick Perry shot a coyote attacking. He wasn’t charged. Could have been he was Gov but I’d use it as precedent.
I live in Texas and I carry both a spray and my 9mm when I walk my dogs. So far I have not had to pull either one but I will go to the spray first, depending on the situation. Most dogs will take an aggressive posture before attacking but for that rare time when the dog just charges I will shoot to kill. However, my German Shepard normally intimidates other dogs anyway.
I’ve been having issues with 5 dogs that were abandoned. They have killed livestock. Sheriff deputy stated and animal on my property displaying aggressive behavior can be put down. I don’t blame the dogs, I blame the folks that abandoned them.
What happens if you have a cat that is under attack? Can you defend your Cat?
get you a can of wasp spray it is better than any pepper spray.the can i have has a range of 27 feet
this will stop any two legged or 4 legged attack.
you do not want wasp spray in your face.i work in a gun free place so i keep my can handy,