Shooting a Dog on Your Property

[DuneHopper]

Rambo, oh great now we got Sylvester in here and his anti-gun mantra

 

[Mark W.]

When I was about 10-11 my dad got this great idea to raise some turkeys. Hey we had 3 acres they could practically live off the land. So we ended up with 5 turkeys about 6-8 lbs out of the 6 chicks he brought home from the Co-oP farm store. One morning dad went out to fill the gas tank on the Willys jeep he drove to work and the turkeys weren't around. So he walked around a bit to find them. Well he found 4 of them well pieces of 4 of them they were all torn to pieces spread around the barn yard. No clue what ever happened to number five.

Dad walked in the house called work told him he would be late. Went to the gun closet got out his Ithaca model 37 Sweet 16 shotgun and a couple shells. He then walked out the back following a blood trail through the fields. I followed well behind DAD was pissed I knew better then to bother him. He tracked the DOG that killed the turkeys about 3/4 of a mile and ended up in His uncle buds front yard. The dog was on the chain and still had a bloody nose and there were a couple white turkey feathers in the dogs hair (long hair german shepard mix) Dad walked up to within about 10 ft of the dog and put a load of goose shot right in his face. Killed it deader then dead.

The side door of the house slams open and there standing about 6 ft higher then the yard (house had a half level basement and cement steps leading up to the door) was Dads Uncle Bud. Bud yells at dad "Hey" dad turns says dog killed my turkeys and walked out of the yard. I was watching from the side of the loafing shed.

As far as I know a word was never said about dad shooting that dog. We went to family gatherings I went to school with my first cousins once removed and no one ever said a word about that dog or those turkeys again.

One day I came home from school and ran out back to let my Springer Spaniel REX loose to play. Mom kept him tired up cause my little sister was just old enough to walk around in the yard and REX had a tendancy to think he was playing with older boys all the time and would knock her down.

Well this one day my Grandfather was snooping around and came upon poor REX all tired up and wanting to plan. SO grandpa let REX loose. Rex was so happy to be free he went for a run. And just so happened to run through the neighbors apple tree nursery. Well this neighbor had goats and at some point in the last couple months a black and white dog had been chasing his goats and tore up one of the kids pretty bad.

The neighbor seeing my dog REX a black and white dog running through the little apple tree's decided REX was that dog. REX was a trained bird dog and could have cared less about anything that couldn't fly or wasn't a boy to play catch with.

So the neighbor takes his deer rifle and from his front porch shoots my dog killing him. REX was about 300 yards away from where the goats were at the time.

I was pissed. Dad told me thats just the way it is and I lost the best dog I had as a kid and we had a lot of dogs when I was a kid.

SO there you go.

 

[Sgt Nambu]

what would you do if hypothetically your dog bit a kid unprovoked?

Heck with that!
I want to know what Warrenzvon would do if a kid bit his dog, unprovoked!?!?

 

[mjbskwim]

what would you do if hypothetically your dog bit a kid unprovoked?

If I had a dog that I had already spent much time with socializing him with kids,cause that's what a responsible dog owner does,and it bit a child unprovoked,I would seriously consider putting it down. I would never have a dog that would harm a small child. Teen agers is a different subject

Good info but shooting a dog as I noted on one own property is destroying property, not murder. So the discharging to remove the threat should be pretty simple as pets are just like a lamp in the eyes of the law.

UNFORTUNATELY you may get some folks in the court system,like jurors that may not see it this way. What if fee fee was the persons only 'family'? I understand that your loving pets are 'property' but all I'm saying is it may not play out that way in court.
Animal lovers and a gun haters could ruin your day
OK so out here you would think it would be no big deal to shoot the neighbors dog for killing turkeys. I certainly would. Chasing cows,goats whatever,dead
A friend out here had his neighbor's pit come over twice and kill a turkey. And told him about it.
Well the third time (yes it took him 3 times) he shot the dog. The neighbor come over and asked about it and he was told he's in the dumpster at the end.The neighbor never said a word about paying for the turkeys.
But he didn't want to kill the dog.He wanted his neighbor to control the dog so he didn't have to.
Just a thought

 

[mjbskwim]

Heck with that!
I want to know what Warrenzvon would do if a kid bit his dog, unprovoked!?!?

Tell ya what,I bit my Rot when she bit me as a pup and she only made that mistake ,playing,1 more time. Then I cuffed her across the head and she never bit anyone again

 

[edslhead]

I've had problems with neighbors dogs before . I'm thinking of getting a tazer just for those occasions. Less than lethal and might do the job without killing anyone's best buddy.

 

[DuneHopper]

If I had a dog that I had already spent much time with socializing him with kids,cause that's what a responsible dog owner does,and it bit a child unprovoked,I would seriously consider putting it down. I would never have a dog that would harm a small child. Teen agers is a different subject

UNFORTUNATELY you may get some folks in the court system,like jurors that may not see it this way. What if fee fee was the persons only 'family'? I understand that your loving pets are 'property' but all I'm saying is it may not play out that way in court.
Animal lovers and a gun haters could ruin your day
OK so out here you would think it would be no big deal to shoot the neighbors dog for killing turkeys. I certainly would. Chasing cows,goats whatever,dead
A friend out here had his neighbor's pit come over twice and kill a turkey. And told him about it.
Well the third time (yes it took him 3 times) he shot the dog. The neighbor come over and asked about it and he was told he's in the dumpster at the end.The neighbor never said a word about paying for the turkeys.
But he didn't want to kill the dog.He wanted his neighbor to control the dog so he didn't have to.
Just a thought

I get what your saying, but on most law (I think every state)books dogs are just property unless malicious like tracking it to a neighbors property and shooting it. I have seen people prosecuted for abuse and neglect. But never for shooting a menacing dog. And even then its not criminal its civil and they could sue you for the value retail for the dog not doctor bills or anything else just value. These cases are also not usually felony case and would result in a judge and misdemeanor in most cases. Sure there could be circumstances I think my point is they would be the exception in most cases, now in a city like Portland God knows what the agressive politcal correct police would do. So I do get your point. Don't shoot a dog in a liberal-anti area

 

[DuneHopper]

Discharging a firearm in the city limits is prohibited. Even if a raccoon attacks your dog, you are not allowed to discharge your firearm. (Suppressors are your friend) Would that stop me from saving my dogs life, NO. But then I have a machete in my garage. To the owner of the aggressive dog, if you did not take the time to socialize your dog to get along with other dogs, you are the problem and should have kept your dog fenced in on your own property. Dogs are not the problem their owners are.

Actually in most cities there is provisions how else would someone legally protect themselves, in our local city Roseburg I believe it states,
Discharging a firearm in the city limits is prohibited, with exception to protection of life and property and law enforcement.

 

[ocarolan]

Discharging a firearm in the city limits is prohibited. Even if a raccoon attacks your dog, you are not allowed to discharge your firearm. (Suppressors are your friend) Would that stop me from saving my dogs life, NO. But then I have a machete in my garage.

This.

All, remember this is the legal forum. Let's keep personal actions private and focus on the law.

Here in Oregon, ORS 609.150 is a relevant statute. Note livestock is specifically defined as appended below.

609.150¹
Right to kill dog that harms or chases livestock
(1)Except as provided in subsection (3) of this section, any dog, whether licensed or not, which, while off the premises owned or under control of its owner, kills, wounds, or injures any livestock not belonging to the master of such dog, is a public nuisance and may be killed immediately by any person. However, nothing in this section applies to any dog acting under the direction of its master, or the agents or employees of such master.

(2)If any dog, not under the control of its owner or keeper, is found chasing or feeding upon the warm carcass of livestock not the property of such owner or keeper it shall be deemed, prima facie, as engaged in killing, wounding or injuring livestock.

(3)No person shall kill any dog for killing, wounding, injuring or chasing chickens upon a public place, highway or within the corporate limits of any city. [Amended by 1975 c.749 §6]

As used in ORS..., livestock means ratites, psittacines, horses, mules, jackasses, cattle, llamas, alpacas, sheep, goats, swine, domesticated fowl and any fur-bearing animal bred and maintained commercially or otherwise, within pens, cages and hutches. [1999 c.756 §11]


Overall it looks like Oregon does not have the generous provisions of Iowa and Wyoming law which essentially allow you to shoot any dog on your land.

This raises the question, what charges can the dog owner bring against a shooter? Looks like the typical claims are Gross Negligence and Trespass to Chattel. It appears the former claim has been more successful in cases where multiple (10+) shots were discharged.

Good discussion here.

https://www.animallaw.info/article/what-claims-can-be-brought-when-pet-has-been-shot-unlawfully

 

[Scott F]

We had a farm near Port Townsend, WA. A neighbours two dogs got out and came to our place. They started chasing our ducks. Two rounds of 45 ACP shot into the ground sent them running. I talked to the sheriff's animal control officer and asked about my rights. He said if they came back to kill them on the spot. In WA, if a dog comes on your property and threatens any of your animals or any person it is a justified shoot. I did not want to kill the neighbour's dogs, I just wanted them to leave so I shot into the ground but if that wouldn't have worked the next two rounds would have stopped the problem.

 

[Scott F]

Heck with that!
I want to know what Warrenzvon would do if a kid bit his dog, unprovoked!?!?

You beat me to it. I was about to ask the same question.

 

[mjbskwim]

I've had problems with neighbors dogs before . I'm thinking of getting a tazer just for those occasions. Less than lethal and might do the job without killing anyone's best buddy.

Saw a gal at REI carrying a cattle prod , Asked what it was for and she said 2 rots came after her golden and hitting them didn't work.All the time with an evil grin

Don't LIVE in a liberal-anti area

Fixed that right up for you

 

[flydipper]

In Wa. at least a few years back, a dog had to be harming livestock or threatening someone to legally shoot it. Outside city limits.
Buddy of mine years ago before cellphone video and the like shot a dog that was chasing their cattle. The dog made it home and died. He was not charged criminally as the sheriff believed him on the chasing livestock. However he was sued civilly and lost because he couldn't prove that the dog was chasing the livestock. Cost him 3k for the Afgan dog.

 

[mjbskwim]

Legal or not,property or not,my point is we need to try to resolve some thing without just wanting to shoot the problem and think about what it may cost us if we do.
I had a guy in a park kick my rot right between the front legs. He was sure she was going to attack his dog. The dogs weren't even interacting with each other.
Now my dog didn't even care as she was a brute,but it was all I could do to not punch this guy's head off. All I thought about was my safe full of guns being taken away with my rights to ever own them again

 

[Scott F]

I have no desire to shoot dogs and that is why I shot into the ground. These were two 100 plus pound animals running all over our place and yelling and threatening did nothing. Had they not high tailed it at the sound of the shots I they would have died. When I shot the furtherest dog was less than ten feet away. My carry ammunition is pretty nasty, they would not have run off. I really doubt a stick would have bothered them much and might have gotten me hurt.

 

[salmonriverjohn]

Caught a good sized malamute cross going over the top rail in the polebarn to get into a stall full of newborn fall goats recently.
I was just getting into the shower at 4:30am and heard all hell breaking loose, and as time was of the essence, I was as naked as a jay bird when I reached the barn.

I yelled at the dog one time to stop him, nope nothing, then shot.
I still don't know who's dog it was.
As far as the getting caught naked thing and all, no I don't shower with a pistol, it hangs alongside the towel rack ok?

 

[Scott F]

As far as the getting caught naked thing and all, no I don't shower with a pistol, it hangs alongside the towel rack ok?

Sure, that's what they all say.

 

[Hook686]

Fair is fair. You have to protect your family.

True, but only from realistic threats to you or a human family member. Your dog is view as property, not a human member of your family.

i suspect the civil suit a lawyer could generate will cause grief should you shoot someones loyal, friendly, pet that got out in some mysterious way and was lured onto some adjacient property, which he had never done before. A jury would decide if your action was realistic if the local district attorney did not like your action, or wanted to set an example. In that case I would think it will cost you a bundle no matter what the decision. In some counties in California you can count on it, they might also apply the discharge of a firearm in an incorporated area against you also. What is fair is relative to the observer.

 

[kilimanjaro]

You can legally shoot a dog that is attacking livestock. Your dog is not livestock.

You can legally shoot a dog that is attacking you or some other human being. Getting barked at and nipped are not attacks rising to the level that lets you shoot someone else's dog.

 

[Joe13]

True, but only from realistic threats to you or a human family member. Your dog is view as property, not a human member of your family.

i suspect the civil suit a lawyer could generate will cause grief should you shoot someones loyal, friendly, pet that got out in some mysterious way and was lured onto some adjacient property, which he had never done before. A jury would decide if your action was realistic if the local district attorney did not like your action, or wanted to set an example. In that case I would think it will cost you a bundle no matter what the decision. In some counties in California you can count on it, they might also apply the discharge of a firearm in an incorporated area against you also. What is fair is relative to the observer.

That's why you counter sue the owner for your lost income, hospital/vet bills, my very expensive attorney and the stress and grief it caused.

I might have to go thru some bad times but in the end, my dogs alive and the attacking dog isn't. Then you have to sell your house and move out of my neighborhood to cover the costs of my counter suet.

(You and your are just place holders - not directed at anyone).