I had a incident yesterday and just wanted to know if it was a situation that would get me in trouble with the law. My family and I started walking in the evenings for excersize and so we walk the neighborhood. While walking on a sidewalk, next to houses with tall rockwalls a dog jumped up on the top of one and was growling and barking. The dog prior to that had not made a sound or we were not expecting anything and it surprized and scared the crap out of us. I was concerned that it could have jumped over and started after us. I have a 5 yr old and an 11 yr old that were with us. Now, in this situation would I have been justified in shooting the dog if it came close to us or would it have just caused too many legal problems in the state of Texas. I being a good CCW was carrying by having my Kimber CDP Ultra II in a fanny pack and or my XD 9sc when we walk. Any info would be appreciated.
It must be pepper spray day for me. You may want to consider starting with a less than lethal option first to avoid escalating into a major legal matter and if the danger was not inminent to your kids (IE:the dog was aiming at you) You may also want to have a very polite word with the owner and explained what happened and see what his attitude is regarding the dog. In all probability the dog is being territorial and will not jump and attack, but just in case you may want to avoid the area and find another path for your walk.
Sabre Red OC, it works great. Try it, But I hope you never have to use it.
I think you might have a little bit of trouble if you are shooting dogs in their yards as you walk down the sidewalk. If the dog really is attacking you on the sidewalk, then have at it.
I would not rely on pepper spray, it works most of the time. I 've seen it not even phase dogs before too.
Pepper spray might be a good option(if you have the time). Perhaps, as suggested ,calling the owner about the dog and informing them you do not want to pepper spray the dog might be a good move too.
Most people seem to say"the dog is friendly" no matter what. This may or may not be true. If legal a good baton or even a walking stick or cane might be a good alternative too. (no worries about backstops).
A rattle can might be a good option too.
If the dog crossed the fence and is coming at you, I can't see you having any legal problems. Make sure you immediately report it though. That would make it better for you.
+1 to speaking with the owner. Secondly pepper spray should do the trick if the owner is not responsible and you wish to walk that same path. Otherwise just walk a little different path. I know when I was walking my dog I had to be on the opposite side of the street from a house because of the dog that lived there.
Dogs in their yards...are just that...dogs in their yards, doing what they are supposed to do. Isn't that what we expect?
I would probably walk on the other side of the street if I knew that there was an agressive 'watch dog' at that home. I would not quickly use the pepper spray as you still have to 'try' and be 'neighbors'...
Now my dog only barks when he is in the house or in the yard...I expect that...but in the front yard he does NOT bark at people or dogs passing. He will just sit and watch (125# Rhodesian). If I say it's OK, he will go up to strangers and gladly accept pets (he prefers treats, though).
I am cautious, but not fearful, around dogs. I know that I have the 'final answer' under my shirt, but it is not my desire to harm someone's dog because he/she is doing the job that they were designed to do...
I guess living in a Southern rural neighborhood, I don't worry much about the dogs...other people don't seem to worry much about dogs either...in a big city it is probably another story. I guess if I were in a strange big city with a big German Shepherd growling and running full tilt towards my granddaughter...on public property..., I might react a little differently.
Stay armed...stay safe!
Having been a K-9 handler I can say that OC is not very effective against a dog's prey drive. I heard someone say onetime that the OC is to spray the owner after you shot his dog.
I don't want to shoot the dog. I like dogs.
It's going after one of my kids?? The doggy is DEAD!!!!
I'm not even thinking about the law. It's my kid.
if the dog was still on the property when you shot then it could be questionable, if he came off the property then u have every reason to shoot. if you cant argue that the dog was threatening your life then you can defiantly argue that he was threatening the lives of your kids. unless of course it was a mini poodle or other stupid smaller dog that couldnt really hurt anyone. if it were me i would get my kids back asap and the second the dog crosses the property line he would be dead.
Originally Posted by friesepferd
I am not going to find another way and I am not going to walk on the other side. If some moron cannot keep his agressive dog under control and out of the public right of way, the dog is going to pay the price.
If the dog's owner can be warned, fine. But if the dog jumps the line/fence/whatever and is acting agressively, he's going down and I'll deal with the other consequences later on.
The dog's owner should understand this: if a man is willing to kill a violent dog to defend himself or his family, what makes him think he won't do same when threatened with violence by the dog's owner?
Check your local county codes...that's what I did when I had my neighbors GSD nearly tear my son's ear off (32 stitches).
In my county, I can use whatever force I deem necessary to stop another animal from harming another person or property.
I would use the gun as a last resort and only if there were an actual attack. Pepper spray would be a better choice considering the area you are in and only if the dog actualy attacks. I doubt if the dog will actually attack and is only trying to protect his yard. Some dogs are all bark and no bite.