Yet another Pitbull attack.

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BusDog

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Today a child in my neighborhood was attacked by a pitbull. A woman in the neigborhood walked her two pitbulls down the street as usual, one dog on a leash, the other allowed to walk free. The victim was a young boy who had the audacity to play with other neighbor children in the front lawn.

I did not witness the event but I returned home as animal controll was leaving the residence of the dog owner and the story was told to me by another neighbor who helped by hiting the dog with a trash can lid (brave lady). The boy, about six years old was badly bitten on the leg and was taken to the emergency room. Could have been much worse. This happened in the Atlanta, GA area so my questions go out to those who have some knowledge of Georgia law.

First, I would assume that if a dog comes on my property and is hurting or "threatening" to hurt my child, I could shoot it or use whatever means neccessary to repel the attack. But what if the other dog attacks my dog on my property? Am I justified in firing a weapon?

Secondly, if I witness a dog attacking a child on someone elses property, can I shoot it?

Of course, this all assumes one has a gun handy. Odds are I'd just help with a stick or whatever, rather than a gun. And in the unlikley event I had a gun or had to run in the house to get one, I would defend the child. But would I be okay in terms of the law?

Please do not tell me the virtues of pitbulls. I've seen enough.

Just as a side note, I've never understood why people who live in small homes with little or no green space like we do own large dogs. We have a fondness for animals and we own a small dog because we think its cruel to keep a big dog in a small space. Yes, we take him to the local parks to run (and we clean up after him!), but that little mut can run in our fenced yard just fine. Can't wait for our next house, I'd like a second dog. It seems if people love dogs, they would get one that fits the scale of their home. While I'm on my soap box, we got our dog from a local shelter and there could not be a better companion. Look there first if you are seeking a dog, please.

Busdog
 
The legalities will vary based on your state and municipality. In some places, you could shoot the dog and you would be given a medal for service to the community. In other places you will serve time for a felony and have to pay restitution and damages to the owner of the animal (unlikely in the event of an attack, but possible).

If you think that you have a very real need for this information, I would strongly suggest asking a lawyer (and paying the man or woman for his or her time). Free internet advice is rarely worth what you pay for it, and $100-250 now might well be more than worth it- better than paying several thousands in criminal or civil defense later.
 
Thanks.

I do think I have a real need for the info. I'll call the D.A.'s office Monday. Again, this is in the Atlanta, GA area.
 
If you saw a dog attacking a child and DIDN'T shoot, how could you ever live with yourself? Law or no law.
 
With all the bogus reports in the news of "pitbull" attacks and misinformed public and media...I'd have to see a picture of the dog to beleive it is a pit.

BTW, I bet most people don't even understand that "pitbull" isn't a breed like doberman or standard poodle. There are several breeds that're lumped into the pitbull category and they can range from as small as 40lbs to 80lbs.

Regardless, shame on the owner for walking the dog sans leash.

While I'm on my soap box, we got our dog from a local shelter and there could not be a better companion. Look there first if you are seeking a dog, please.

There are positives and negatives of shelter dogs. Sheltered dogs usually have all their shots and have been fixed. They're also much cheaper than a pedigree. I feel sheltered dogs can be a gamble since you weren't around to properly socialize the puppy.
 
I myself am looking at a breed rescue dog, rather than a shelter. Still doing the right thing, but with a bit more reliability on how the dog's been treated/rehabbed. I've been told by a friend who works with dogs that alot of larger breeds(great dane, greyhound, and the like) are actually lower energy than the small breeds. Don't go by size for such traits, go with breed.

And I'll second that "pit bull" has been driven to mean too many kinds of dogs. Unless you see the dog(picture or otherwise) and know how to recognize the breed, take it with a grain of salt. Kind of like assualt weapons, there's too much convolution there.
 
First, I would assume that if a dog comes on my property and is hurting or "threatening" to hurt my child, I could shoot it or use whatever means neccessary to repel the attack. But what if the other dog attacks my dog on my property? Am I justified in firing a weapon?

Secondly, if I witness a dog attacking a child on someone elses property, can I shoot it?

First, I am not a lawyer. That out of the way, according to Ga Law, and I'll have to get you the refernce when I have time, if you have reasonable fear that you or someone in your immediate vicinity are in danger of death or great bodily harm then you are legal to shoot in Ga. If a dog is attacking your dog on your property its a justified shoot. If you reasonably believe a large dog, i.e. by agressive demeanor, that comes on to your property is a threat to anyone there, then it is also a legal shoot. If a dog is attacking anyone on any property it is also legal to shoot that dog. I need to read the specifics, but the new Ga Castle Doctrine/Stand Your Ground legislation extends the death/great bodily harm clause to public places, and further strengthens your rights in defensive shootings on private property. If a dog is attacking someone and you shoot it there is very little chance you'll be in any trouble in Ga. Get your Ga carry license and then you'll be able to keep a pistol on you for two and four legged predator defense.
 
Secondly, if I witness a dog attacking a child on someone elses property, can I shoot it?

The fact that something like this is even being considered on your part means you need to discuss matters with an atty. who knows the law {and that will not necessarily be the first one you look up in the phone book}.
Sad to say but we live in a litigious society. It wouldn’t surprise me in the least to hear that if someone actually ran into this situation and shot the offending canine that they were not only arrested but got sued by not only the pet owner but the parents of the child they were trying to save or saved.

1.Never underestimate the desire of some people to extract $$$ from others.
2.Never overestimate your skills in making split second assessments of apparently bad situations if you aren't personally involved yourself
3. Even if you win a law suit, it can still cost you a considerable amount of money

It's a sad state of affairs but if we were ever a country were coming to the aid of a person in distress was legal and accepted it sure isn't any longer.

Also, how would you feel if you missed the dog but hit the child…………

Wasn’t there and did not see this attack but it sounds like the trash can lid was a good choice in some respects.

S-
 
This info is general, not state-specific:

If a dog of any breed is attacking a human, as long as your bullet(s) don't hit another human by accident you are NOT going to be charged with "assault on the dog" or even "unlawful discharge".

You might of course get nailed for illegal CCW, that's another matter. But if you're legally able to have the gun in one place (say, your home or a locked cr trunk) and then bring it out to meet a specific threat to human life, generally you're going to be OK so long as your bullets don't do further damage to any person.

Dog on dog, different matter depending on circumstances. If NO human is at risk, authorities my decide that your bullets flying around added to the risk factor and were therefore negligent. However, it's very common for somebody whose dog is getting eaten alive to go in and try and rescue it, in which case that "rescuer" could get bit or be threatened, and now we're back to the previous scenario. Human life is always more valuable than canine life, even if the human is being stupid.

Even in the "duty to retreat" states, that doesn't mean you're required to retreat from an animal!!!

I once spotted a man and his small leashed dog get attacked by two large off-leash vicious dogs. He was pulling his dog up into his arms and they were jumping up at him when I arrived with a 5.5" blade knife drawn...I had sprinted about 40 feet to get there. I got between the guy and the two assailant dogs and drove them off. The human involved was scared of me at first but then thanked me as he split :).

I seriously doubt I did anything illegal and I believe I would have been justified in shooting them both had I been in a CCW state and been armed with a gun.
 
In light of Selfdfenz comments I would check with an attorney. However, if I were shooting a dog off of a person or other dog my muzzle would be within inches of the offending dog assuring a solid hit. Atlanta is weird, depending on what part of the metro area you're in. In the rest of the state, from my experience, most LEOs would have no problem with you shooting an attacking dog that had attached itself to a person or other animal. My cousin is a Sheriff (yes actual Sheriff, not a deputy) in S.E. Ga, and I know if no one other than the attacking dog got hurt his attitude would be good job taking care of the problem, lets do the report and you have a good day. From talking with him I get the impression that most other Sheriffs in Ga would feel the same way. Part of what you have to consider is where you are. In a place like NY or CA I'd be worried about the attitude of Juries and Judges and their leanings. In a state like GA or FL I'd be less worried about them, if it even got to a court. Take into account the general politics of the state and area of the state you're in.
 
Dog attacks are becoming too frequent here in Australia. Just the other day an 8 year old girl was killed by pitbull/mastiffs. What a waste of a young life and what a pity an idiot is alllowed to own dogs like that.
 
Yep, now that pit bulls have become the latest media sensation, every dog that attacks is a "pit bull". Although pits have been here for centuries without complaint, starred in childrens movies, they've now become the sudden "bad evil dog" of the time, and every attack is from a so called "pitbull". Before that it was dobermans, and before that rottweilers, and before German Shepards. When these dogs were at the peak of media-given "evilness", almost every dog attack was attributed to them too.


Think you can recognize a pitbull when you see one? Here's some 25 different dog breeds. See if you can tell which one is the pitbull. Heck, take 3 tries.
http://www.pitbullsontheweb.com/petbull/findpit.html
When you consider that most people can't, and attacks by any and all of these breeds are counted as "pitbull" attacks, you'll see how reports are heavily inflated at best.
 
Yep, now that pit bulls have become the latest media sensation, every dog that attacks is a "pit bull".

So, pitbulls are canine AK-47 assault machine guns? :scrutiny:
 
I see thread drift

1st ...welcome to THR.
2nd... the question wasn't the merits of pits it was a legal
question about shooting.
3...I love pits, but I doubt you would get in any trouble
from the PD for shooting the dog.
 
Thanks for the replies...

...especially those that spoke to the questions asked. It is sad that we even have to ask about the legality of using a wepon in this case. Even if it is legal, there is always a possibility of a civil suite.

I'll call the D.A. this week with my questions and provide an update.

I am not subject to media hype, if I were, I would not be a gun owner. I saw these dogs on a daily basis. They are pitbulls. You don't have to believe it if it does not fit your paradigm.

Busdog
 
Welcome to THR! The laws very, but in CT you can shoot a "dangerous dog". You have to be mindful of your location and what's beyond your target. I checked our state laws due to a pit charging my wife, son, GSD and me on a walk not long ago. I came the closest to drawing my pistol that day than have since I got my permit. Lucky for us and him he stopped at the edge of the road. I don't think you would have any issue with the law if the dog were attacking a person. Lot's of good information on the forum, enjoy!
 
The damndest thing happened to me this week. Actually a couple of things.

I was walking to my car in the mall parking lot and had to go past a pickup truck with two pitbulls in the bed.

They didn't jump out and start attacking me or even seem to much care that I was even alive, other than a cursory bored glance in my direction as I walked past.

:confused:

The next instance was yesterday when I was on the bike path near my home.

A lady was using the path to get her exercise and had a pitbull on a leash with her. As we met each other going our respective and opposite directions, we nodded in polite greeting and her dog never made any attempt to break free from her leash and do its legendary and I suppose compulsory assault upon my person.

:scrutiny:

WTH...???

Is there a conspiracy among pitbulls afoot? Has somebody slipped some sort of selective canine tranquilizer in the water reservoir in my area? I mean, I was dumbfounded both times. There I was actually within attacking distance of the scourge of the dog world on not one, but two times in the same week and I escaped intact!

Whoa!

What's up with that?

I mean..... just the words strike fear in my heart.

Pitbull pitbull pitbull pitbull pitbull pitbull pitbull pitbull pitbull pitbull pitbull pitbull pitbull..... etc., ad nauseum.

You just can't say it enough or be concerned enough.

It's all the rage these days, you know.

:rolleyes:
 
If you saw a dog attacking a child and DIDN'T shoot, how could you ever live with yourself? Law or no law.
Finally, someone who makes sense, well said Tokugawa.
 
Personal Moral Compass

If it was a fight between dogs and I didn't know the dogs, I'd most likely call animal control and look for a garden hose to break up the fight. FWIW we have a lot problem dog owners in my 'hood and animal control is on my cellphone's speed dial list.

If I saw a person being attacked by any kind of animal, wild or dometic, I would find it impossible to avoid getting involved by terminating the hostilities with whatever means was readily available from brick, to hatchet, to firearm. I'll take the risk of litigation before I let myself have nightmares for the rest of my life because I didn't get involved.

Most states have a reasonable man test in their legal system that works like this:
1) Would a reasonable person in the same circumstances have believed that there was a immediate risk of death or serious injury to yourself or another person?
2) Would that same reasonable man have acted the same way?
 
i've used stinger 12 guage rounds

they worked when i needed to get my husky off a pit i was fostering she was/is aggressive. he wasn't i felt bad for him
 
A woman in the neigborhood walked her two pitbulls down the street as usual, one dog on a leash, the other allowed to walk free. The victim was a young boy who had the audacity to play with other neighbor children in the front lawn.

Assuming from the way you have worded your post, her walking of these particular dogs in this area in this fashion is a regular occurance, so one might ask what changed this time? Did the child run up to the dog? Throw something at it? What was different about this day that caused the (alleged) pitbull to behave agressively?

Please do not tell me the virtues of pitbulls. I've seen enough

You're right. They should be banned. Don't worry, since you don't have one.

While we're at it, let's ban whatever guns you don't own or don't care for. After all, it won't affect you.

This "sunshine in my backyard" menatality that so many folks have these days is going to be our undoing.

It is unbecoming a THR member to support any such encroachment on personal freedoms, and by playing into the "evil pitbull" hype, this is exactly what you are doing.

Your question should have been simply "can I shoot an attacking dog?" without your presumptions that it was a spontaneous attack by a demonized breed. Any dog is capable of aggressive behavior, and I have certainly seen it in breeds from which you'd never expect; samoyed, great pyrannese (SP?), lab, cocker spaniel, etc. OTOH, I've never felt threatened by a pit, rotty, sheperd or doberman. The only dog breed I've ever seen play into a vicious sterotype on several occasions is a chow.

By the way, Pits are known as animal agressive, not people agressive). You might know this if you've ever spent some time with one.
I'll not say whether I own one or not, but I will say that I own or have owned several of the "evil" breeds.
 
I have a....

I have a German shepard that i got from a friend who couldn't have him anymore (Got him and a day later found out apartment wouldn't allow it becasue of insurance) So i had him since he was a puppy 2 years later he did one of the most amazing things that i would never expect. My neighbor was being attacked by rottwieler (Spell?) mixed with some other kind of dog the coloring is what give the rottwieler part away. But this dog has protected me from even unseen threats and scared off wanna be thugs but when he heard the woman scream for help he took off breaking his new rope and i thought for sure that he wasn't going there to help just because he was so unsure of strangers as me and everyone else ran to the screams my dog so everyone else says (i had to run a block to get there) grabbed the other dog by the neck and drug it off the lady and kept the attacking dog at bay till the woman stood up and then let go the attacking dog just ran off while everyone stood in awe. The lady received no injury's just a ripped pant leg which is what nocked her down. I love this dog turns out when my wife walks him near this ladys home she always loves him up and gives him a treat probally saved her life in the long run lol.
 
To answer the question you can always use deadly force to save an innocent party from deadly force of an aggressor, even a dog.

Please do not tell me the virtues of pitbulls. I've seen enough.

Don't think you're going to come on this site and slam an EXCELLENT dog breed and get a pass.

Arguments agains pitbulls are the EXACT arguments used by the anti-gun crowd to make certain SCARY guns illegal. Once that goal is accomplished, they move on to the next flavor of the month.

Pitbulls are simply the victim of the underworld because they have traits that are valued. They are strong and intelligent dogs. ANY dog, though, can be trained to be brutally aggressive and making them illegal does NOTHING but steal away from good homes and MURDER the good dogs. Law abiding families with good pitbulls are the ones that are forced to move away or turn in their dogs or find them new homes. It is more evidence of the folly of mankind for the false promise of safety "FOR THE CHILDREN."

Guess what, dog fighting is illegal but it still happens. Do you think making pitt bulls illegal will suddenly eliminate the illegal dog fighting?

Unfortunately is seems that you have not given a critical eye to this situation.

Further, news accounts are too quick to report dog attacks as "pitt bulls," furthering their villianous reputation. Often these news reports are wildly wrong.

YOU really need to think more critically about the situation. Anti- certain dog breed legislation does nothing but displace or murder good animals/pets, cost tax payers a lot of wasteful resources, and FAILS to address the root problem of dogs being bred to fight. There are plenty of other breeds that can be made vicious, including labs, retrievers and poodles.

The best way to address this situation isn't to criminalize a dog breed, but an activity. Make the penalties for dog abuse and fighting severe.
 
Who cares what type of dog it was? IMO it's a waste of valuable bandwidth arguing over the merits of one breed over the next. Any agressive canine that tries to attack my 5 yr old has a very high probability of becoming DRT. I'll consult with legal counsel later.
It's obvious some breeds are genetically predisposed to be more agressive than others given training and conditions condusive to that end. It's the negligent, lazy owners who are to blame. I've already had two close calls in my neighborhood with my son. One was a labrador sans collar, and the other some sort of a "mix" that resembled what I consider to be a pitbull. I don't have my CCW yet, but do carry some sort of Spyderco folder and would use any means necessary to remove the threat.
 
On topic : check with DA office , and/or an attorney as you said you were going to. The DA's office is free.

Side: I dont see where Busdog says that Pitts should be banned:scrutiny: .
Obviously, he doesnt like the breed, but I dont see where he clearly and outright says the breed should be banned. Busdog, I hope that is not what you are implying.


He says in his last paragraph:
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Just as a side note, I've never understood why people who live in small homes with little or no green space like we do own large dogs.
--------------------------------------------------------

I'll agreed to a certain point. Folks should evaluate thier lifestyle/environment when chosing a breed. Far too often people buy a dog and become tired of it within a year or two, and the dog winds up in a rescue program (if its lucky). That said, some large breeds are very docile and inactive; and believe it or not actually better suited for small homes than a small, hyper dog.
 
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