Once again I find myself agreeiong with Dave :-).
In fact, I wouldn't "shoot, shovel, and shut up", if I knew the owner. I'd take the carcass down to him and tell him he owed me for the bullet!
Yep - it's called Hydra-Shok.
We had some high profile dog incidents in the neighboring county. I have two kids, 6 and 2, and am wondering. If, let's say, a neighbor's dog wanders in our yard and starts growling at my children, in a threatening manner, would it be legal to just take my trusty SKS and shoot the dog wile it is trespassing on my property? That has not happened, but my neighbors two houses over keep a dog that I do not like and I am a little concerned. Waht to know the legalities. I am near El Paso, TX.
thx pb
call your local police and ask them. we're not there.
That's strange advice. If an animal threatens my kids, legality and whatever else doesn't enter into it. You stop the threat, period. It keeps coming up here, but "The 3 S's" apply in this case - shoot, shovel, and shutup. There can be no legality or subtle whatever going on here, my kids outweigh the neighbor's dog, period.
Besides - he's in Texas. If he were in California or some new-england state, people might get pissy about bang-bang noises. But, regardless of where you are, it's never ethically wrong to value your kids over a threatening dog.
OP didn't ask about a perceived ethical problem and from the tone I have no doubt he'll take action as seems appropriate. He asked about the legality of that action (albeit in a funny place to ask for ng topic and that as Charley says, "we ain't there" so he would be better advised to ask in his local jurisdiction what rules he's playing under...
I realize that Texas might be different, and you might be in a rural location where this doesn't apply, but many jurisdictions frown upon people firing weapons in populated areas (say, around 6 and 2 year olds). If the dog is close enough to be threatening to the kids, I think it would be too close to the kids to fire a weapon at. IMHO.
I just can't see why there's even a question.
Never hurts to know what the law actually says in a situation one envisions as being possible to occur. "The law" isn't always what seems to make sense...
whilst it may be ethically justified, can you ensure that the OP will ensure that the bullet won't go through the dog and the next house, especially if the next house may only be 4' away like in some developments? there's a lot of places that don't allow shooting inside city limits.
again, we don't know the circumstances, the location, the environment, the surroundings. his local police do.
Sounds like the perfect opportunity to use your pointy stick.
Anyone asking for legal advice on a woodworking newsgroup gets what he pays for -- and deserves what he gets.
As someone else has pointed out, if your kids are in imminent danger, legalities fly out the window. In the meantime, the advice to check with local police sounds good--although I'd tend to approach it along the lines of "what are my options for dealing with a threatening animal?" rather than "is it okay for me to just blow it away?" Police will certainly provide better advice than you will get here, but still not legal advice--a real lawyer will advise on both criminal and civil risks.
Ask your local police(town or county), local animal control officer,district attorney, clerk of county court, lawyer in about that order.
Lawyer first if you are intent on getting the dog in question destroyed regardless of its actual threat.
You need to know if you are within a town or rural area as to which police have juristiction.
You need to know the legality of an animal wandering off its owners property. You may be able to get the animal destroyed if it gets picked up by animal control repeatedly.
Unless you wander around with your trusty whatever under your arm it would be more reasonable to get your kids out of the yard and away from the animal and call local authorities.
Shooting your own kid by accident will ruin your whole day .
Some questions that you did not state clearly -
you state you do not like a neighbours dog - why ? does this animal normally wander around your property ? does it have a history of biting people ? have you expressed your concerns to the neighbour ?
It may be that you are reacting to a non-existant or low probability threat.
In my location shooting a dog that has not attacked would probably get you some jail time on firearms, reckless endangerment and animal cruelty charges plus a fine up to about $10,000.
I can't either. His neighbor has a dog he doesn't like. He doesn't state why, but postulates some incidents from unrelated dogs...at least as far as he covers it. He has two kids. OK. If the dog comes in the yard and threatens the kids, shoot it. But so far, he has two kids and a neighbor's dog he doesn't like and no incident at all, just a question.
Let him call the local cops and postulate the same question. Certainly, I'd prefer shooting a dog to having my kids mauled, but so far he has no established justification, at least so far as he states, for even worrying about the dog entering his yard, never mind threatening his kids.
It probably will differ in Texas from, say, NY or CT, or RI or similar places where pistol licenses are required just to own a pistol.
Pretty much correct where I live, as well.
I take it neither the OP nor the dog's owner has a fence or other means to keep the kids from teasing the dog?
| We had some high profile dog incidents in the neighboring county. I | have two kids, 6 and 2, and am wondering. If, let's say, a | neighbor's dog wanders in our yard and starts growling at my | children, in a threatening manner, would it be legal to just take | my trusty SKS and shoot the dog wile it is trespassing on my | property? That has not happened, but my neighbors two houses over | keep a dog that I do not like and I am a little concerned. Waht to | know the legalities. I am near El Paso, TX.
Paul...
IANAL. Check with local authorities concerning legalities. If a dog came on my place and only /acted/ threatening I think I'd be inclined to load up a SuperSoaker with household ammonia and let him have it. A second incident would merit pepper spray. Both are non-lethal and effective persuaders.
Simply not liking a critter (with any number of legs) isn't justification for killing or maiming. I suspect you don't really need to be told that.
On the other hand, I doubt there are many who'd find fault with you for dispatching any critter (of any species) on the spot if it was abusing a member of your family.
-- Morris Dovey DeSoto Solar DeSoto, Iowa USA
What does that have to do with the question of if it's legal to shoot a dog that't threatening my kids? Obviously a negligently placed bullet is a problem, but that's completely independant of the situation.
OK... seems like just asking for trouble, but whatever.
Like hell. As Dave said, my kids' safety outweighs the neighbor's dog. You do what you have to, to make sure your kids are safe. Worry about the legal niceties later, after their safety is assured.
OK, I've got a problem with this. Why the FUCK should I have to put up a fence to keep some idiot's dog in HIS yard? And what makes you think the kids are teasing the dog, to make it a threat?
I'm also grateful that I don't live somewhere that would have legal problems as described.
We do have a modest fence (with the gate often unlocked), and no, the kids never tease the dog, they are afraid of that dog. The dog is mean spirited.
Paul
HomeOwnersHub website is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.