Use of CCW on a dog?

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  • Cronus4

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    Feb 5, 2016
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    NOLA, LA
    It sounds to me like the dog was trying to play and was just excited.

    I have no idea what the dog was trying to do, it's not my dog, mine was calmly obeying my commands. Regardless of what it was "trying" to do, I'm going to stop a 60+lb dog (which is more than double what my daughter weighs) from jumping on her in any way I can because though the intent may not be malicious, the end results may very well be.

    In my opinion if your dog is off leash, on a public street, without a collar and without the owner present, you're not giving it many chances.
     

    RG43

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    Jun 24, 2016
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    Covington, La
    Ok, so to answer the original question, the legal answer is basically no. You would go to jail if you shot a dog, pretty much no matter what (unless you ran after shooting the dog and they never found out who you were). It's considered animal cruelty, and the fact is the laws protecting animals (in particular dogs and cats) are stronger than laws protecting humans. You can thank the animal rights activist for this. Now that said, I would think that if the dog actually attacked you, you had wounds to show that he/she attacked you, and that you killed it in self defense, then I would bet you could beat any charges. But you would still likely be arrested initially, until they determined it was self defense or you at least bailed out pending a court appearance. So, until the laws change, your best bet is to not kill a dog whether it's menacing you or otherwise. If the dog is literally threatening your life, and you have proof of that (your word that the dog was about to attack you is probably not enough, like I said a serous bite from the dog would probably be needed), then maybe do what you need to do. But be aware, the burden of proof is on you that you had no other choice, and they will try to prove that you did have another choice.
     

    bipolarbear

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    Jan 3, 2014
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    NOLA
    What's up man. Didn't want to go too hard in the Facebook group. Tone was different there but the facts remain the same.

    Sorry man. Treading lightly on Facebook is probably a good thing. Sometimes I feel like the lone neighborhood "gun nut". Nice to know I'm not alone.
     

    Metryshooter

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    Jul 11, 2010
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    If the dog was truly attacking what owner in their right mind would be angry at the threat of someone defending themselves? What if said owner decided to pull his own weapon in order to defend his dog's life from a "gun nut"?
     

    Saintsfan6

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    Oct 6, 2014
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    Texas
    It's as simple as any other use of deadly force. If a dog is threatening you with death or great bodily harm you have the right to use deadly force. Problem is most people have a hard time differentiating between agressive vs playful behavior of dogs. I've seen videos of police officers shoot dogs who simply walk out the front door and approach them in a curious/playful manor. Not saying the cop was wrong or didn't feel threatened, but simple canine behavior training would have made a big difference in those cases. I do believe use of deadly force on an aggressive dog, even if it hasn't attacked, is justifiable. Problem is recognizing aggression.

    So to answer the OP, if you didn't feel the need to immediately shoot the dog, then it was probably not threatening death or bodily harm.
     

    AustinBR

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    Ok, so to answer the original question, the legal answer is basically no. You would go to jail if you shot a dog, pretty much no matter what (unless you ran after shooting the dog and they never found out who you were). It's considered animal cruelty, and the fact is the laws protecting animals (in particular dogs and cats) are stronger than laws protecting humans. You can thank the animal rights activist for this. Now that said, I would think that if the dog actually attacked you, you had wounds to show that he/she attacked you, and that you killed it in self defense, then I would bet you could beat any charges. But you would still likely be arrested initially, until they determined it was self defense or you at least bailed out pending a court appearance. So, until the laws change, your best bet is to not kill a dog whether it's menacing you or otherwise. If the dog is literally threatening your life, and you have proof of that (your word that the dog was about to attack you is probably not enough, like I said a serous bite from the dog would probably be needed), then maybe do what you need to do. But be aware, the burden of proof is on you that you had no other choice, and they will try to prove that you did have another choice.

    I am going to respectfully disagree. You don't have to let a dog bite you before shooting it. If a dog is threatening your safety, you have every right to protect yourself from it. Calling the cops right away and stating that some random dog tried to bite you or your family while you were walking down the street is better than leaving and trying to get away with it.

    With that being said, I don't think most domesticated dogs will just come out and bite you. But if you see a dog coming at you and you hit it in the face with pepper spray, it will turn around. I personally don't carry pepper spray unless I am biking, but a sharp kick to the nose won't severely injure the dog, but if it comes back after that, it likely doesn't want to play.
     

    fng

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    Nov 2, 2008
    473
    28
    St. Charles Parish
    Walking my ~45lb dog and my 2.5yr old daughter with my wife today on a public sidewalk in my neighborhood when a 60+lb pit/dane mix shot out of one of the homes and started jumping on my dog. I kicked it away, it went away and started jumping on another person's dog and then came back and tried to jump on my daughter (whom my wife picked up as I came over to them to kick the dog away again).

    Owner finally appears as we're almost a block away from the house it shot out of and the dog is still circling us, still can't get the dog under control.

    My question is this, could I have legally used lethal force on that dog?


    in my opinion, and taking this info. at face value I would say no to shooting the dog. I base that on you not specifically saying the dog tried to bite/attack you all, only jumping. Now, that being said, you do not have to wait for a dog to bite you to shoot it, but you had better be able to give a reasonable explanation for it..( dog was growling/showing teeth with hair raised on back and viciously barking while it was approaching etc., size and type of dog comes into play as well ) jumping, however dont cut it, in my opinion which can and should be taken for what it cost you...free:D
     

    AustinBR

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    in my opinion, and taking this info. at face value I would say no to shooting the dog. I base that on you not specifically saying the dog tried to bite/attack you all, only jumping. Now, that being said, you do not have to wait for a dog to bite you to shoot it, but you had better be able to give a reasonable explanation for it..( dog was growling/showing teeth with hair raised on back and viciously barking while it was approaching etc., size and type of dog comes into play as well ) jumping, however dont cut it, in my opinion which can and should be taken for what it cost you...free:D

    Again, I will echo this statement. If the dog is coming your way trying to play, you can encourage it to not do that through many legal (and ethical) means. Kicking a dog square in the nose or pepper spraying it is a better option than shooting someone's pet.

    But on the other hand, if the dog is coming at you aggressively and is growling / barking / about to bite you, I see no need to get bitten and have to learn if the dog has its shots the wrong way. But if you draw a gun on a dog and yell at it to back up loudly and it doesn't realize that you aren't playing, it probably had it coming anyway.

    I love dogs and really, really have a problem with people mistreating / neglecting them, but I'm not getting chewed on by a big dog that could inflict severe and permanent damage.
     
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