Is it legal in Texas to use lethal force to protect my pet?

Discussion in 'Gun Legislation' started by KellyAsh, Aug 23, 2009.

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  1. KellyAsh

    KellyAsh Active Member

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    I am a CHL holder and am unclear on whether or not I can shoot another dog attacking my dog. Thanks in advance.
     


  2. kingofwylietx

    kingofwylietx Well-Known

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    Wouldn't you feel threatened with bodily harm if a dog was attacking yours? I don't know the legalities, but there would be a loud bang if another dog came after mine. Be aware of what is behind your target, though you should pretty much be firing towards the ground.

    I've put my hand on my .45 once while walking my dog. However, the other dog did not become aggressive. It was one of those things were a huge rottwieler (sp?) that was loose came running up to us at night. As he closed the distance, I put my hand on my pistol. When he was very close, I knew I could draw & fire....but he was actually quite friendly. He came up, they sniffed each other, then he went down the street to his owner.

    Another time, a small dog came up and started nipping at our dog. His owner was 20 feet away, so I yelled at them to get their dog. Unfortunately, I had to punt the mutt back towards them (I'm not going to let some other 4-legger bite my dog while its owner just stands there). I had my .380 with me then, but there was obviously no reason to even consider bringing it out.

    I asked a cop buddy about the first instance, he said that I can defend myself against an aggressive dog (your dog isn't the only thing being threatened, YOU are too. You can easily be attacked while the dogs are fighting or even after the initial attack on your dog). He's not a lawyer, but it makes sense to me.
     
  3. KellyAsh

    KellyAsh Active Member

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    Is it legal to use lethal force to defend my dog?

    I am a CHL holder and am unclear whether or not I can defend my dog from an attacker. Thanks in advance.
     
  4. kingofwylietx

    kingofwylietx Well-Known

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    I replied to your other thread on same question.
     
  5. APatriot

    APatriot Active Member

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    Phrased somewhat differently which directly goes to your question is this: is your dog private property?

    I am not an attorney, but from a layman's point of view, if you can "at night" use deadly force to protect your private property from being confiscated, then i would think the answer would be yes. Not sure. Good question though.
     
  6. KellyAsh

    KellyAsh Active Member

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    My other thread was somehow deleted so I reposted it. What was your response if you dont mind reposting it. Thanks.
     
  7. Nef

    Nef New Member

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    I've wondered about this too. Could you shoot a person who was attacking your dog? The dog is your property and you can defend your property can you not?

    Taking the morality out of the situation, just asking the question from a legal perspective. Would the answer differ if the event occurred on your property or in your house?
     
  8. texas1willy2

    texas1willy2 Active Member

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    Don't do it
     
  9. Hoji

    Hoji Bowling-Pin Commando

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    Pets in Texas are considered property.

    § 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in
    lawful possession of land or tangible, movable property is
    justified in using force against another when and to the degree the
    actor reasonably believes the force is immediately necessary to
    prevent or terminate the other's trespass on the land or unlawful
    interference with the property.
    (b) A person unlawfully dispossessed of land or tangible,
    movable property by another is justified in using force against the
    other when and to the degree the actor reasonably believes the force
    is immediately necessary to reenter the land or recover the
    property if the actor uses the force immediately or in fresh pursuit
    after the dispossession and:
    (1) the actor reasonably believes the other had no
    claim of right when he dispossessed the actor; or
    (2) the other accomplished the dispossession by using
    force, threat, or fraud against the actor.
    § 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
    justified in using deadly force against another to protect land or
    tangible, movable property:
    (1) if he would be justified in using force against the
    other under Section 9.41; and
    (2) when and to the degree he reasonably believes the
    deadly force is immediately necessary:
    (A) to prevent the other's imminent commission of
    arson, burglary, robbery, aggravated robbery, theft during the
    nighttime, or criminal mischief during the nighttime; or
    (B) to prevent the other who is fleeing
    immediately after committing burglary, robbery, aggravated
    robbery, or theft during the nighttime from escaping with the
    property; and
    (3) he reasonably believes that:
    (A) the land or property cannot be protected or
    recovered by any other means; or
    (B) the use of force other than deadly force to
    protect or recover the land or property would expose the actor or
    another to a substantial risk of death or serious bodily injury.
     
  10. KellyAsh

    KellyAsh Active Member

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    Aug 22, 2009
    Roatan, Honduras
    Im looking for a reference to a law, not personal advice. But thanks anyway.

    If nothing else Im going to kick the crap out of the other dog and shoot it if it so much as tries to bites me. I can and will defend myself against anything that tries to bring great bodily harm or death to me and an attacking dog fits that bill.
     
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