Lynx Defense

Elimination of a wild animal or domestic animal that is attacking or has attackedINFO

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    Jan 5, 2012
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    Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

    Long story short, I have/had constant issues with my neighbor's dogs including them attacking one of my animals on my property. I was told by the county Sheriff(I live out in the country), that I could shoot them legally if, and this is only on my property - a) it is in the process of attacking a person or animal. b) If the dog was acting aggresive and I felt an attack was imminet. However she did say I could still be charged in civil court by the dog's owner if they chose to pursue the matter. She said the best route was to call animal control (LOL) but out here the AC guy only works 8-5, Mon.-Fri. and covers the entire county by himself, so good luck with that one. So now I just pop a cap off into the dirt when I catch 'em around my house to scare 'em off. I have a few animals and I can't justify killing one just because it's shitting in my yard, but If I catch their dog's trying to attack again I will. I've had more than one conversation with my neighbors about being responsible animal owner's plus them footing a vet bill. Yet there dog's are running loose as I type!

    Why have to not put a round in this dogs head?

    Shoot the damn thing...then take it to the neighbors to have the talk.

    If it's attacked or attacking your animals.....who cares about civil court.

    This is still TEXAS. You don't let your cows get run down by a dog. You don't let them eat your chickens.

    Civil court??? That deputy was a democrat
    Target Sports
     

    alexrex20

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    Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

    Not sure leaving the seen would be such a great idea unless your still in danger. Someone will probably call in about the shot being fired and it would be best of they heard your story first instead of after the dogs owner reported You as a lunatic with a gun who just shot his dog.

    It may cause more tension when they knock on your door.

    Everyone is entitled to their opinion. The fact remains that you are not required to notify the police of a justified discharge of your firearm, as long as you were legally allowed to possess that firearm at that time and place.
     

    Shooter McGavin

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    Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

    It's very tempting believe me, I just want to make sure I'm in the "right" when I do. There hasn't been any other attacking issue's since the previous one that I'm aware of. However they do run loose constantly and I'm sure it's only a matter of time before we have another problem. Since the first attack I now keep a .22 in the garage and a .410 in the utility room ready to go just in case. As far as talking to them, well I'm blue in the face from it. It's like they just don't give a shit, IDK. Their fence is wired up all over the damn place from him attempting to patch it but they just get out somewhere else. I think he said the hell with it cause now there are holes all in it from their dog's. Like I said, I don't want to shoot a dog just for the hell of it cause I have some of my own and would hate it if someone did that to one of mine, but options are limited and I'm sure it's only a matter of time.
     

    Younggun

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    Everyone is entitled to their opinion. The fact remains that you are not required to notify the police of a justified discharge of your firearm, as long as you were legally allowed to possess that firearm at that time and place.

    Assuming legal justification, what reason is there not to call that outweighs the reasons it would be better to call.

    My outlook, calling it in is easier on me and easier for the cops to sort out and not having to argue "cause I don't have to" when they ask "why didn't you call?" or come up with an answer when they ask " why did you leave the scene so quickly". Two actions which hurt credibility.


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    Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

    Assuming legal justification, what reason is there not to call that outweighs the reasons it would be better to call.

    My outlook, calling it in is easier on me and easier for the cops to sort out and not having to argue "cause I don't have to" when they ask "why didn't you call?" or come up with an answer when they ask " why did you leave the scene so quickly". Two actions which hurt credibility.


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    Young, IMHO your over thinking the situation.

    If you worried about "shots fired"...then just grind some glass up, put it in some dog food. Mixed with some antifreeze. This concoction works wonders for opossum and raccoon. If fido gets in it. he shouldn't have been on your property to begin with.

    If your neighbors ask about why fido is dead. You have no idea. Go about your business.
     

    Younggun

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    Young, IMHO your over thinking the situation.

    If you worried about "shots fired"...then just grind some glass up, put it in some dog food. Mixed with some antifreeze. This concoction works wonders for opossum and raccoon. If fido gets in it. he shouldn't have been on your property to begin with.

    If your neighbors ask about why fido is dead. You have no idea. Go about your business.

    I'm not concerned with shots fired, I just don't see why someone would choose not to be the one notifying the police.

    We are talking in tems of a neighborhood and not out on the farm, right?


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    #1gunner

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    Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

    My Neighborhood<------------I call 100%

    Your Neighborhood<-----------C ya.
     

    Younggun

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    My Neighborhood&lt;------------I call 100%

    Your Neighborhood&lt;-----------C ya.

    Makes sense, I can see leaving the area to avoid possible conflict with the dogs owner. I would still probably make a phone call, ESP if I suspect someone else will be also.


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    Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

    I'm not concerned with shots fired, I just don't see why someone would choose not to be the one notifying the police.

    We are talking in tems of a neighborhood and not out on the farm, right?


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    Why call the police?

    Why does every dispute require the notification of law enforcement? Are we not capable of self governing?

    Whats wrong with telling the neighbors that you have placed out poison traps in a effort to control pests? Inform the idiots that the poison is harmful to dogs. Also inform them to restrain the damn thing from coming on your property. Cause you don't want poor little fido any harm.

    If it ends up dead. Then they should have been responsible pet owners.

    If my dog attacks anything of yours, on your property. I'd be pissed off, or think your an idiot for not destroying the animal. I have enough common sense and care for my animals to prevent them from doing such. What is law enforcement gonna do, I can't do myself, within the letter of the law?

    Whats wrong with just telling the neighbors, "i will shoot your dog, if he destroys or damages anything on my property". Any normal person that cared for their animals. Would keep the pet contained.

    Why is it so hard to just talk like we have a pair to offending people? Instead of depend on johonny law to rake the situation for fine money???

    Hell, the owner of the dog might be a good guy. Someone who understands it's wrong to have his dog run wild. Given the right tone, the two people might come to an understanding of what needs to be done to correct the problem. Not call the damn law.
     

    alexrex20

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    Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

    I'm not concerned with shots fired, I just don't see why someone would choose not to be the one notifying the police.

    Because I don't have to.

    Do you call the police to notify them that you're speeding on the highway? Because that's illegal; shooting a dog on my property that's attacking my livestock and/or pets is not illegal.
     

    Younggun

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    Because I don't have to.

    Do you call the police to notify them that you're speeding on the highway? Because that's illegal; shooting a dog on my property that's attacking my livestock and/or pets is not illegal.

    Your comparison is apples and oranges. We are possibly seeing different scenarios for this as we have had to deal with dogs after our livestock with no phone calls made.

    To grasshopper, I don't believe law enforcement needs to be notified for every dispute, but I feel differently than you on this particular situation.

    Doesn't look like there will be any agreement so I'm gonna bow out now.


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    #1gunner

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    Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

    If its a human I would regretfully ever have to do this to it would hopefully be justified and I would for sure call the police. Until they know what happened, there is a killer on the loose and SWAT will come pay me a visit if I do not contact them. i know its a little different animals to humans but as was stated "justified is justified"..
     

    alexrex20

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    Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

    SWAT? lol ya right
     

    Renegade

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    Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

    Well, I sure as heck wouldn't let a dog continue to chomp on my arm, lol

    For the record, which one are you?

    Statute in Full:
    (a) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by:

    Statute is not about attack people. :-)

    ETA: RetArmySgt Beat Me To It!
     

    txinvestigator

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    Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

    For the record, which one are you?



    Statute is not about attack people. :-)

    ETA: RetArmySgt Beat Me To It!


    I was about to point this out.

    9.22 of the penal code is your defense against a dog attacking you.

    Texas Penal Code
    Sec. 9.22. NECESSITY. Conduct is justified if:
    (1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;
    (2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and
    (3) a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.

    The "conduct" would be you shooting, spraying, etc., the dog.
     
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    Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

    Here's a story my mean a** father told me. He died years ago...

    Of course it was a different time and place.

    He had a small corn field next to the house. Well the neighbor would steal corn off the stalks. He had a boxer at the time.

    One day the dog got a hold of the idiot stealing the corn. A few days later he found his beloved dog dead. Some biscuits with crushed glass in them had killed the dog.

    He go's on to explain that he went inside, and got his shotgun. Then he drove to the neighbors house and shot their dog off the porch.

    In amazement I asked if they had came out the house after he shot their dog. He looked at me like I was stupid and said, "No, would you?"

    After that, the neighbors didn't steal anymore corn.....
     

    alexrex20

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    Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

    I feel bad for the neighbor's dog.
     

    #1gunner

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    Re: Elimination of a wild animal or domestic animal that is attacking or has attacked

    Being human and having to do with this statue I ment no correlation between the 2. If I did, i did not mean to.
     
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