Legal question about SD and a dog

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Azrael256

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Friday night the family and I went out to an improv show (place in Dallas called AdLibs. I highly recommend it.), and when we returned we saw a pit bull walking around our driveway. Stepdad hit the horn, and the dog scurried away, but it raised a question. Obviously if the dog had been agressive, the car would provide ample protection, and we would have driven around the front of the house, called the police, etc. So what if we hadn't been in the car? What if I had been trimming hedges? Obviously any dog that wants to start trouble is getting in WAY over his head as I am MUCH smarter and better armed. I have read about a few cases recently involving dogs, but I haven't heard how any of it came out.

My first choice would obviously be to use whatever I have handy to fight off the dog. The hedge trimmers would actually work quite well. If I have a gun handy, I'll unload on the animal, but if I do that, what can I expect to have to deal with afterward? I live in a Dallas suburb (when I'm not in OKC at school), so firing off a few rounds to put down an aggressive animal would most certainly be noticed, and I would probably call the authorities anyway since a rabies test would be prudent. Obviously I'm going to shoot first and ask questions later if I'm being attacked, but I am curious about what will happen then.
 
I'm not an attorney, so this isn't a legal opinion, but it seems to me that if you're legally carrying a gun - either on your own property, or, if you have a CHL, on public property, and a pit bull attacks you, shooting it shouldn't land you in any legal trouble, at least from the standpoint of criminal prosecution. (On the other hand, if you're 6'8" and you felt you had to shoot the "attacking" chihuahua puppy, well . . . :rolleyes: )

Expect the possibility of a civil suit from the owner.
 
Basically, unless there's real evidence otherwise such as an eyewitness or the fact that the dog is small enough to be punted through a goalpost, if you say you were threatened by a dog, you'll be believed.

The standards for use of force against animals is *usually* less stringent than against humans. (The main exception being where the Endangered Species Act is concerned :rolleyes:.)
 
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