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  • Dog bite question

    Yesterday I took out my garbage, as I always do, around 7pm. I took my dog out with me. She is well trained, and will not leave my property, as such I did not have her on a leash. As I was pushing the barrel out to the street, my neighbor down the way's pitbull (also off leash) ran out from his yard, snarling and growling, and attacked my dog.

    My dog was bitten on the muzzle/nose, and below her eye, before I could kick the worthless mutt off her, and get her into the back yard. The neighbor was a dumbass, who told me that "I guess you should train my dog too huh"

    For the last 24 hours now my dog has been cowering around the house, scared of her own shadow, etc etc. The police say they'll come out and cite my neighbor, which is fine and dandy.

    My question is this however. Unleashed, vicious dog, my property. If it happens again, am I within my rights to shoot the pit bull?

  • #2
    In California, a "Dog Vs. Dog" incident is not a legal matter. The dog can be cited for a leash law violation, but that's it.

    If you can articulate that you were in fear for your life, then I suppose you can use deadly force on the dog- but you also need to articulate your reason for having a firearm on your person. Basically, you can't come outside, see the dog, go back in to get a gun and kill it, because then you wouldn't be in any danger if you were able to go back into your house.

    Make sense?

    Comment


    • #3
      Originally posted by firestone88 View Post
      In California, a "Dog Vs. Dog" incident is not a legal matter. The dog can be cited for a leash law violation, but that's it.

      If you can articulate that you were in fear for your life, then I suppose you can use deadly force on the dog- but you also need to articulate your reason for having a firearm on your person. Basically, you can't come outside, see the dog, go back in to get a gun and kill it, because then you wouldn't be in any danger if you were able to go back into your house.

      Make sense?
      Not in Michigan. You can have a pistol on your person on private property without a CCW. You don't need to justify why you chose to have a weapon, just that it was legal for you to have it. It's a legal issue, not a moral one. Here in America we don't have to explain why we want our guns.

      I'd shoot a charging dog, chances are I'd be in the line of attack anyway if the dog is right by my side. I could articulate it just fine if I needed to.
      A true soldier fights not because he hates what is in front of him, but because he loves what is behind him.

      -GK Chesterton

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      • #4
        I don't necessarily mean a CCW- I just mean that in order for it to really hold up in court, he should have a legitimate reason for having the gun on him.

        "Oh, I was on the way to my car to drive to the range when this dog came up and attacked... luckily my gun was already loaded, and I generally don't bother putting it in a case or locking it when taking it to the range..."

        In California at least, with our... "system"... you've got to be convincing.

        Comment


        • #5
          Originally posted by firestone88 View Post
          I don't necessarily mean a CCW- I just mean that in order for it to really hold up in court, he should have a legitimate reason for having the gun on him.

          "Oh, I was on the way to my car to drive to the range when this dog came up and attacked... luckily my gun was already loaded, and I generally don't bother putting it in a case or locking it when taking it to the range..."

          In California at least, with our... "system"... you've got to be convincing.
          I also meant without a CCW, is California different in that you may not have your legally owned weapon in your possession on your own property?

          Or are you just illustrating yet another reason how California doesn't really care about constitutional rights anymore?
          A true soldier fights not because he hates what is in front of him, but because he loves what is behind him.

          -GK Chesterton

          Comment


          • #6
            Did you contact animal control? They would actually cite for the bite incident, and list the dog as "dangerous." There are 3 strike laws for dogs too.

            I'd also take the neighbor to small claims for the vet bills.
            Molly Weasley makes Chuck Norris eat his vegetables.

            sigpic

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            • #7
              Originally posted by MesaHopeful View Post
              Yesterday I took out my garbage, as I always do, around 7pm. I took my dog out with me. She is well trained, and will not leave my property, as such I did not have her on a leash. As I was pushing the barrel out to the street, my neighbor down the way's pitbull (also off leash) ran out from his yard, snarling and growling, and attacked my dog.

              My dog was bitten on the muzzle/nose, and below her eye, before I could kick the worthless mutt off her, and get her into the back yard. The neighbor was a dumbass, who told me that "I guess you should train my dog too huh"

              For the last 24 hours now my dog has been cowering around the house, scared of her own shadow, etc etc. The police say they'll come out and cite my neighbor, which is fine and dandy.

              My question is this however. Unleashed, vicious dog, my property. If it happens again, am I within my rights to shoot the pit bull?


              It really depends on the laws in your state. Here in VA, your dog would be considered personal property, and in the scenario you posted above, you would have the right to shoot the other dog (or do anything else you had to do) to defend yourself, your family, or your personal property (ie, dog or cat, or other animal), if it was on your property, or say the street (a neutral area)...if your dog went onto the other owner's property, you're SOL, as the law recognizes that dog's will defend their/their owner's territory. Also, alot of people throw around the term "dangerous" or "vicious", without knowing the
              legal definition when it comes to dogs. Again, here in VA, a dog can only be declared dangerous by a court if it has bitten, attacked or injured a human, or SIGNIFICANTLY injured a companion animal (as stated by a licensed veterinarian)...even then, the owner has the option of keeping the dog, provided they go through alot of hoops to come into compliance, but most of the time they get put down, because it is so expensive to be in compliance with keeping a dangerous dog. A dog is only delcared vicious if it had killed or severely injured or maimed a human. A vicious dog will always be put down by court order.

              In AZ, you can discharge a firearm in self defense from an animal attack (but apparently only if the animal is attacking yourself or another human) Link

              AZ definition of "vicious" dog Link

              I couldn't really find anything on one dog attacking another dog...everything seemed to be geared towards dogs biting humans.


              On a side note, I had to shoot and kill a black lab this morning, that charged me twice...it went for my leg and made it within 6 inches when I shot it.

              Comment


              • #8
                Originally posted by MesaHopeful View Post
                Yesterday I took out my garbage, as I always do, around 7pm. I took my dog out with me. She is well trained, and will not leave my property, as such I did not have her on a leash. As I was pushing the barrel out to the street, my neighbor down the way's pitbull (also off leash) ran out from his yard, snarling and growling, and attacked my dog.

                My dog was bitten on the muzzle/nose, and below her eye, before I could kick the worthless mutt off her, and get her into the back yard. The neighbor was a dumbass, who told me that "I guess you should train my dog too huh"

                For the last 24 hours now my dog has been cowering around the house, scared of her own shadow, etc etc. The police say they'll come out and cite my neighbor, which is fine and dandy.

                My question is this however. Unleashed, vicious dog, my property. If it happens again, am I within my rights to shoot the pit bull?
                This is why they have leash laws. I have three dogs myself. I have a Rottie, German Shephard and a Pit Bull. All are loveable. Never bit, attacked or scared anyone or showed aggression. BUT I never walk them off a leash. Period. They are animals and even well trained dogs can act out.

                About 2 years ago I was walking all three in my neighborhood. A dog off a leash comes running out of a neighbors yard. He is a small beagle. He is very agressive....barking and lurching at my dogs. I kept walking, this dog kept being agressive. I tried to control the situation, nut this dog was stubborn. Tool about 10 minutes of snipping at my Rottie, then she got P****D at this dog and snipped at him. He ran away.

                Dogs are pack animals and when a strange dog is around, they sometimes play the pack game to say "I'm the Alpha".

                If your dog and his was on a leash, this would not have happened. I don't think you should take charges out unless you want to be charged with not having your dog on a leash.

                Why is this dog a worthless mutt? If this dog is not trained, the owner is the worthless mutt. We tend to blame the dog when 99% of the time it's the owners fault. Remember, they are animals. We, as humans, have to take responsibility for them.

                Comment


                • #9
                  It was the not the pit's fault but his stupid owner. Shoot him. Punish the deed, not the breed. I am a die hard pit fanatic. It's the only breed I've ever had, other than a stupid beagle when I was little. My pit's have never attacked anyone or another animal.

                  Comment


                  • #10
                    I had an incident where my neighbor's pit kept digging under the fence and harrassing my grandmother in her own backyard (barking and jumping around). I called animal control and was told they wouldn't come out and that I need to "capture the dog" on my property. I'm not capturing a pit bull, I'm shooting it. There is no way in hell I am risking my personal safety to capture a pit bull. I have nothing against the animal and it would break my heart to have to do that but dogs like that cannot be endangering people on their own property. This was all around the time those pits killed that lady in San Francisco and I was really worried about my grandmother for a while there.
                    -I don't feel you honor someone by creating a physical gesture (the salute). You honor them by holding them in memory and, in law enforcement, proceeding in vigilant, ethical police work. You honor this country or deceased soldiers or whatever you're honoring when you salute a flag by thinking, feeling, and continuing a life of freedom.

                    --ArkansasRed24

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                    • #11
                      Originally posted by iMarkVideo View Post

                      If your dog and his was on a leash, this would not have happened. I don't think you should take charges out unless you want to be charged with not having your dog on a leash.

                      Sorry, but that is incorrect...leash laws do not usually apply when on your own property (at least here in Virginia), and even in most localities that have a leash law, as long as you have control of your dog, it does not necessarily have to be on a leash (ie - it is extremely obedient, obeys on command...I have a lab that will only eat when told it is ok and she will stop eating when told to, she will only play when told it is ok, and she will stop playing when told to, if she looks at another dog and I say "Leave it", she will look away, and not look back unless I say ok, etc). The legal definition of "At Large" for Mesa, Arizona as defined in 6-4-1 of the city code is "On or off premises of owner and not under control of owner or other persons acting for the owner. Any dog in a suitable enclosure which actually confines the dog shall not be considered to be running at large." I don't see why the original poster should be cited for a leash law violation, if his dog was on his property and under his control. Now, in reference to my previous post, the Mesa city code apparently goes a step further and defines a "vicious dog" as one "that bites, inflicts injury, assaults or otherwise attacks a human being or DOMESTIC animal without provocation on public or private property". The dog has to be declared vicious by a judge or magistrate.

                      Comment


                      • #12
                        Originally posted by willowdared View Post
                        Did you contact animal control? They would actually cite for the bite incident, and list the dog as "dangerous." There are 3 strike laws for dogs too.

                        I'd also take the neighbor to small claims for the vet bills.
                        There's a 3 strike rule for dogs? Would the third strike make them a ha-bitch-ual offender? LOL Sorry bad joke but I just had too!
                        "Fast is fine, but accuracy is everything!"-Wyatt Earp

                        "You never know when crazy will show up!"-Irishdep

                        Comment


                        • #13
                          Originally posted by djack16 View Post
                          I had an incident where my neighbor's pit kept digging under the fence and harrassing my grandmother in her own backyard (barking and jumping around). I called animal control and was told they wouldn't come out and that I need to "capture the dog" on my property. I'm not capturing a pit bull, I'm shooting it. There is no way in hell I am risking my personal safety to capture a pit bull. I have nothing against the animal and it would break my heart to have to do that but dogs like that cannot be endangering people on their own property. This was all around the time those pits killed that lady in San Francisco and I was really worried about my grandmother for a while there.
                          Animal control won't go if the dog is loose, only if contained in some way. But this would be a good example of when law enforcement would go, at least for the hazardous situation. You have to be willing to do the work involved to solve the problem, yours was not a "one phone call" fix.

                          I think you need to be careful in stereotyping dog breeds. There are breeds most people consider "safe," like labs and retrievers, when they could indeed be "dangerous." Pits are not vicious by nature - people turn them that way.
                          Molly Weasley makes Chuck Norris eat his vegetables.

                          sigpic

                          Comment


                          • #14
                            tiny appears to be doing the most research and is on the right path. Check your local ordinance or contact the ACO. There may be minimal criminal recourse( I don't know anything about AZ law )ordinance fines are generally small. I am also willing to bet that there is an ordinance about discharging firearms in you locality that they would have hemmed you up on. There is a K9 officer in VA that shot a dog that was aggressively going towards his patrol dog and the matter still ended up in court even though he was on his property. Charges were dismissed but it just goes to show. For your best answer to this question I would contact the Prosecutor office, DA for your area and get their answer because ultimately it will be their decision. I am a pet owner and a LEO and I would be highly upset if somebody's dog attacked mine but I wouldn't shot the other dog, I would club, kick, stomp, beat, insert any other form of *** kicking but I still wouldn't shoot at least not in a neighborhood. I would #2 go ask idiot neighbor for reimbursment of vet bills and if he says no take him to civil court as well as contact ACO for your area and tell them what happened. I hope your pup gets well soon, lots of TLC and some confidence boosting and she will snap right back.

                            Comment


                            • #15
                              Originally posted by firestone88 View Post
                              I don't necessarily mean a CCW- I just mean that in order for it to really hold up in court, he should have a legitimate reason for having the gun on him.

                              "Oh, I was on the way to my car to drive to the range when this dog came up and attacked... luckily my gun was already loaded, and I generally don't bother putting it in a case or locking it when taking it to the range..."

                              In California at least, with our... "system"... you've got to be convincing.

                              In Texas and Idaho (my two home states).. a legitimate reason for having a gun on him would be - because he wanted to.

                              Comment

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