Defending property ?

[buflow]

I need some advice, I have a ten pound 8 year old Pomeranian dog that I walk in my back yard (owned home for 10 years.) Always walk on a leach. Three weeks ago was walking dog in yard and she was attacked by a 50 to 60 lb. dog, yelled and kicked the attacking dog which then ran off. $ 200.oo vet bill to close hole in my dogs side. I saw the dog in tied in a neighbors yard, asked the neighbor to keep the dog out of my yard and to pay the vet bill. I was told the dog belonged to adult daughter that does not live there and they would tell her. I called animal control and they issued the neighbor a possible dangerous animal siltation (keep dog tied and muzzled if walked). Today the dog was in my yard again, running toward my dog and ran away when I yelled at it. Animal control told me I had no proof the dog was in my yard or running loose. I live inside city limits in a liberal part of Washington State.
My question is if my dog is attacked again what problems may I have if I defend my dog with a 158 gr HP 38. I have a carry permit and carry most of the time. I am 70 years old and disabled, use a cane to get around. Do I have to let my dog be killed? I have not been contacted by the neighbors daughter.
Any suggestions or ideas will be appreciated.
Sorry for the long post, frustrated and worried.

 

[deadin]

I think I would be in fear of my life or grievous bodily harm if a 50 or 60 lb. dog that had previously shown aggressive tendencies were running toward me in my own yard........... Just saying.......

 

[4thPointOfContact]

Differing states have laws that differ from other states, so it's hard to answer any specifics. Generally though, the law does not allow you to use deadly force to protect real property, pets included. Protecting yourself from a loose, feral, or aggressive dog is another matter.

 

[Shaq]

First, I'd sue the jerk neighbor in small claims court. These types of morons don't get it until they pay a price.

As you protection, you'd have to show you were in fear of your life or serious bodily injury....which may not be difficult in that situation. When a dog charges, you have no way of knowing whether he will attack your dog or you.

 

[Coyote3855]

Consider bear spray. It is probably illegal to discharge a firearm inside the city limits. While 4th is correct that is also illegal to use deadly force to protect property including pets, that restriction applies to shooting people, not other pets. You would be smart to consult an attorney rather than depend on internet opinions including this one.

 

[MEHavey]

Consider bear spray.

^^^ That ^^^
plus a cell phone video so the dog doesn't run home
and complain you came after it in it's own yard.



(... besides, bear spray hurts longer. )

 

[herrwalther]

I too have problem neighborhood dogs. Not long after I moved into my current home, 5 dogs dragged a wild turkey into my front yard and tore it apart. Animal control is stretched thin in my county so police departments end up shooting wild animals on site if they show signs of aggression. I asked the police chief of our town if I could shoot any dog on my property that was being aggressive toward myself, my dogs, or my family. Without a blink he said yes. As long as I call the PD afterward to make a report. I also double checked this advice with a local attorney.

I haven't had the need to shoot any aggressive dogs on my property yet thankfully. Although I do pelt the occasional stray off my lawn with a BB gun.

 

[Good Ol' Boy]

It's interesting this topic came up as I recently had a thread going in this section that touched on a PERSON trespassing and getting into it with my dog. Not the same but still.

Pets are considered property and as such in most places you can not fire at someone/something disturbing said property. As mentioned above though, best to check with local PD and maybe even an attorney.

That said, I currently live on 3 acres somewhat rural. County law says that all dogs are to be leashed, on a tie out or contained in a fence. Many folks around here do not heed that law even for their home pets and it gets even worse during hunting season. I have checked my local and if my dog is tied off (always is when outside) and another dog comes on our property and my dog injures or kills said trespassing dog, there is no fault on my dog or myself.

Where I worry is a dog coming on our property that my dog can't defend itself against. I have for a while been keeping close by my higher end blowback BB pistol that I use to train with for the weeks I can't get to a range to practice. I've seen what it can do at 15yds and I feel fairly confident it would run off most dogs at that distance or less.

Some kind of non lethal force would be recommended for you IMHO. As far as using lethal force I would check with local authorities but chances are that's going to be a no go inside city limits. You never know though, you could end up with an answer like Herrwalther.

 

[Art Eatman]

Check into Washington state law.

Generalizing: If on your own property you're protecting your pet from an animal which could harm you during your effort, odds are that use of deadly force would not bring criminal charges. It would be self-defense of your own person against serious injury.

 

[old lady new shooter]

I called animal control and they issued the neighbor a possible dangerous animal siltation (keep dog tied and muzzled if walked). Today the dog was in my yard again, running toward my dog and ran away when I yelled at it. Animal control told me I had no proof the dog was in my yard or running loose.

Keep an eye out and next time the dog is in your yard take a photo and/or video. I think if you can prove the dog was out again animal control might take some kind of action.

 

[Haxby]

RCW 16.08.020
Dogs injuring stock may be killed.
It shall be lawful for any person who shall see any dog or dogs chasing, biting, injuring or killing any sheep, swine or other domestic animal, including poultry, belonging to such person, on any real property owned or leased by, or under the control of, such person, or on any public highway, to kill such dog or dogs, and it shall be the duty of the owner or keeper of any dog or dogs so found chasing, biting or injuring any domestic animal, including poultry, upon being notified of that fact by the owner of such domestic animals or poultry, to thereafter keep such dog or dogs in leash or confined upon the premises of the owner or keeper thereof, and in case any such owner or keeper of a dog or dogs shall fail or neglect to comply with the provisions of this section, it shall be lawful for the owner of such domestic animals or poultry to kill such dog or dogs found running at large.

 

[BP Hunter]

To be on the safe side, I would just use Bear spray as advised. Shooting a gun , especially if you say that you are disabled, may just end up hurting somebody else.

 

[Rmeju]

If I were you, I'd try find some other way of solving the problem than using a gun. Might you get away with it? Maybe. But why shoot when you have so many other choices? There is a very, very real possibility it could end up costing you a lot of money proving you had the right to shoot. Or maybe you'll end up a criminal with your carry license revoked, or worse.

Other viable solutions have been stated here. Some kind of defensive spray, your cane, take your neighbor to small claims court (this gets your vet bill paid to boot), make peace with the neighbor, etc. Yelling at and kicking the dog seems to be working.

If you truly fear for your life, do what you have to do. But that's not what I'm hearing. I'm hearing that you are pissed off at this dog, and looking to see if you have an excuse to shoot it. It doesn't matter if I'm completely wrong--what matters is that's what it's going to sound like to a jury of your peers.

You said you live in a liberal part of town...who do you think will be on your jury?

 

[Spats McGee]

This one's just having too much trouble staying on track.