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Not really horse law, but maybe someone has some idea? (dog shot)

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  • Neighbor shot dog attacking livestock
  • What if the horse shoots his own dog

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    09-14-2011, 12:12 PM
  #21
Foal
Excellent point. Also, I believe it is that it is unlawfull to shoot a dog period, not that it is unlawful to shoot a dog that is attacking you. Which is why the charges are filed and then reviewed at a hearing.

I should clarify that it is NOT the dog owners who have filed animal cruelty charges.
     
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    09-14-2011, 12:18 PM
  #22
Trained
Quote:
Originally Posted by bsms    

If an angry Chihuahua is after you, shooting will get you in trouble. If it is a 200 lb Rottie who is after you, I'd bet the law will leave you alone. In any case, I'd use whatever force I thought needed to protect my family or myself.
An interesting thought, but where would the cutoff be I wonder, I know common sense says huge difference in threat level between the two example given, but somewhere in the middle would be a whole grey area, what about a Beagle, JRT, Collie?
     
    09-14-2011, 12:45 PM
  #23
Trained
Quote:
Originally Posted by Golden Horse    
An interesting thought, but where would the cutoff be I wonder...
That happens when shooting humans as well. The AZ law says you need a reasonable belief that your life is in danger, or severe bodily harm will happen. If it is a 100 lb girl faced with a 300 lb attacker with a knife, it is easy. If it is an older man confronted by a younger man the same size, armed with a small knife, then things get murky. Until one gets to court, you just do not know.

The only time I ever pulled a gun, I was alone, miles from the nearest road, and there were 8 guys moving to surround me. I had a 6 shot .22 that I pulled and got ready to use against the closest guy. They stopped trying to surround me, and I left. That was easy to decide. They didn't say a word, but there was no doubt I was badly outnumbered, and they weren't looking for advice on good trails for hiking!

Against one dog, I'd feel pretty comfortable taking one on unarmed up to about 100 lbs. Someone who hasn't owned dogs their entire life may have a different threshold. Against 2 or more dogs, I wouldn't hesitate to shoot a 50 lb dog. I don't want to wait until my hamstring is torn out to decide I needed more force.

Cruelty laws are intended to prevent the jerk from shooting dogs for fun, or making up an excuse, or chasing a dog down the street to shoot him. If a person shoots a dog in the chest or face while on his own property, and the dog is big enough to do actual harm, I'd bet no one would be charged. A DA filing charges in those circumstances would be in deep doo-doo politically. In Arizona, at least. Same for rural Colorado. Don't know about Denver.
     
    09-14-2011, 01:26 PM
  #24
Weanling
Was the dog actually attacking? If my dog ran off and I was chasing it down and someone shot it, I would be mighty upset. My dogs would run at a person, they're friendly and love people and they wouldn't act threatening...but just running at a person isn't a reason to get shot.... and previous problems aside the neighbor was right there trying to recover the dog. I don't know about the laws and I obviously don't understand the exact situation as it makes little sense to me.

Animal cruelty is usually just a fine anyway if you are charged with it( first offense in most states I believe?) He may be able to recover some money in a civil suit depending on the exact circumstances. Like whether the dog was being threatening etc but it probably won't go any where as its usually more to sue than one would recover in a small case like this. The history of the dog attacking would probably be in your favor. I wouldn't worry too much about being sued until you actually are. Most people threaten but never actually follow through. You do want someone who'd testify the dog was threatening in the past as I would bet your neighbor will produce people(friends likely) who swear the dog never harmed anyone ever, etc.
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    09-14-2011, 01:59 PM
  #25
Showing
Under provincial regulations, dogs in rural communities are not to be allowed to run at large and can be shot if harassing livestock. That's cut and dried. Our wildlife officers will shoot a dog off property that is chasing deer or other wildlife. Do check the regulations for your area as they apply to your area and if you are rural.
     
    09-14-2011, 02:00 PM
  #26
Showing
Quote:
Originally Posted by Dresden    
Was the dog actually attacking? If my dog ran off and I was chasing it down and someone shot it, I would be mighty upset. My dogs would run at a person, they're friendly and love people and they wouldn't act threatening...but just running at a person isn't a reason to get shot.... and previous problems aside the neighbor was right there trying to recover the dog. I don't know about the laws and I obviously don't understand the exact situation as it makes little sense to me.
But, on that same note, you can't expect the people that the dog is running at to understand it's motives. Maybe some people would think this makes me cruel, but I know there are more people out there with dogs they can't control than there are people with obedient dogs. If a strange dog was running toward me (on my property no less) and the owner was unsuccessfully trying to call the dog back to them, I would have done the exact same as the OP. How am I supposed to know if the dog is friendly or not, whether he will take to licking me to death or rip my throat out? I don't know about anyone else, but I would not be willing to take the chance.

When you get right down to it, it is the dog owner's fault. Almost everywhere has laws about keeping dogs locked up that have proven themselves to be dangerous to humans or other animals. The dog was not secured and did not have adequate training to be called back from running toward a person that didn't know him. As a result, the dog was shot. The only person that can be blamed is the owner. The dog was just doing what dogs do so he can't be at fault, the OP's husband did what he needed to do to protect himself, his family, and his property so he's not at fault.
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    09-14-2011, 02:10 PM
  #27
Banned
Quote:
Originally Posted by smrobs    
When you get right down to it, it is the dog owner's fault.
I agree. The owner is who should be charged with animal cruelty.
     
    09-14-2011, 02:45 PM
  #28
Started
In Wyoming, if you have livestock and a loose dog crosses your property,( and especially if you have filed reports before) you can shoot it without any problems. If the dog has attacked/killed your livestock, the owner is liable for 3 times the amount of the livestock it killed.
A valuable dog does not run loose, boxers are a dime a dozen. Unless the dog was a Champion and a producing Champion and they could prove it, then the most they would get was the cost at the time they bought the dog.
That being said, if it was loose and in your pasture/yard/property, the owners have no chance of filing a lawsuit and winning.
     
    09-14-2011, 03:00 PM
  #29
Weanling
Quote:
Originally Posted by Alwaysbehind    
I agree. The owner is who should be charged with animal cruelty.
I agree. A responsible dog owner wouldn't have had this problem with the dog getting loose repeatedly. Accidents happen but this seems like a pattern of behavior on the dog owners part.

There are a lot of dogs running around the barn I board at and I would have to say its usually pretty obvious when one is charging versus when one is bounding up to say hi...I'm not in any way saying the OPs husband was wrong. I just can't imagine what I would have felt if the one time my dog got loose someone had shot him. (However my dog has literally only gotten loose once in 5 years...fingers crossed). Again though if the owner really cared about the dog they should've been more careful to make sure he wasn't running loose all the time.
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    09-14-2011, 05:01 PM
  #30
Green Broke
Quote:
Originally Posted by bsms    
I don't think there is a chance in Hades of that being correct. It is legal to shoot humans to protect yourself or others in most states.

"18-1-704. Use of physical force in defense of a person

Except as provided in subsections (2) and (3) of this section, a person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use of imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for that purpose.

Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate and:

The actor has reasonable ground to believe and does believe, that he or another person is in imminent danger of being killed or of receiving great bodily injury"

Sheriff's Office - Colorado Revised Statutes - Jefferson County, Colorado

I'm sure all shootings, dog & man, are reviewed to make sure they were valid.

If an angry Chihuahua is after you, shooting will get you in trouble. If it is a 200 lb Rottie who is after you, I'd bet the law will leave you alone. In any case, I'd use whatever force I thought needed to protect my family or myself.
sorry but are mistaken, yes perfectly legal to shoot a person that is attacking you, but CO law only permits you to seek civil action if the dog is killing you, yes I know it is stupid, but there you have it. Maybe people need to get the self defense laws amended to add "or animal" in there. Its a crock to say well the DA wont prosecute, so instead of changing a stupid law prosecutors are just going to ignore a law ? That isnt right either.

Keep a pet chicken, then you always have nearby livestock to be protecting,
     

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