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What do you do?


Guest Chattanoogan

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Guest Chattanoogan
Posted

Ive invested alot of time, money and love into my dog. My dad had a dog that was stolen out of the back of his truck a long time ago.

Lets say Im out and about with my dog, hes tied off in the back of the truck, I pull in the gas station to get something to drink and a bottle of water for him, I come back out to find he is no longer in the truck, I glance around and see him in somebody elses car which is leaving the parking lot.

I doubt this would qualify as defense of a third party, but it would be nice. I would consider it kidnapping.

What do you do?

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Posted

Call the police and follow the crook, but don't confront until the police arrive.

Guest Chattanoogan
Posted
Call the police and follow the crook, but don't confront until the police arrive.

Thats kind of how I played it in my head too. To what extent do you follow? I mean, one red light gets in your way and they could get away. Could you justify running red lights (with caution), or passing slower traffic on the shoulder or in the turning lane to keep up.

I dont like being in the store very long when I have my dog in the truck. Sometimes when the store is busy, im worried to death my dog isnt gonna be there when I return.

Posted
Thats kind of how I played it in my head too. To what extent do you follow? I mean, one red light gets in your way and they could get away. Could you justify running red lights (with caution), or passing slower traffic on the shoulder or in the turning lane to keep up.

I dont like being in the store very long when I have my dog in the truck. Sometimes when the store is busy, im worried to death my dog isnt gonna be there when I return.

I can't say the same for you, but depends on how much you want your dog back. If I run a red light (with caution of course), and blue lights come on behind me - I consider it a double bonus. I would stay on the line with 911 and maybe they could radio to officer behind you and get him to pull over the car that got your dog.

I personally would probably run my car til it was out of gas otherwise I wouldn't be able to forgive myself. My dog is a family member, not just a pet.

Guest Chattanoogan
Posted

Exactly....A family member.... I'm glad to see I'm in the company of like-minded people.

Ok, heres another scenario for you folks.

You put your dog out in the fenced in back yard, he hears something off in the woods and keeps barking, your neighbor gets fed up and decides to pop him a couple of times with a BB gun to get him to shut up, since a BB gun is capable of maiming ( putting out an eye, etc.), would this be call for deadly force?

I know the law states you can defend a third party, and there must be sign of imminent danger. While the above to me seems to fit those two categories. Does a pet qualify as a third party, and how well do you think it would hold out in court? You could always get PETA involved to help your case.

All this is hypothetical of course, I tend to run scenarios in my mind to keep me sharp...

Posted

As a dog is a pet of mine(and as far as I'm concerned, a family member), I would want very

much to beat the hell out of anyone doing this, but the perp would go to jail for doing

something like this. Always err on the side of safety and gather information for the LEO to do

his or her job. I would think a cop would be a bit dis-jointed over it, too.

Posted
Exactly....A family member.... I'm glad to see I'm in the company of like-minded people.

Ok, heres another scenario for you folks.

You put your dog out in the fenced in back yard, he hears something off in the woods and keeps barking, your neighbor gets fed up and decides to pop him a couple of times with a BB gun to get him to shut up, since a BB gun is capable of maiming ( putting out an eye, etc.), would this be call for deadly force?

I know the law states you can defend a third party, and there must be sign of imminent danger. While the above to me seems to fit those two categories. Does a pet qualify as a third party, and how well do you think it would hold out in court? You could always get PETA involved to help your case.

All this is hypothetical of course, I tend to run scenarios in my mind to keep me sharp...

It's always a good thing to run scenarios:D

I wouldn't count on PETA for much of anything, though.

I don't think you could use deadly force in any case after the fact, but you could send that BB gunner

to jail if he harmed your dog. If you had a neighbor that would do something like that, I would strongly

consider moving. The neighbor should have picked up his phone and complained to you before he took

the matter in his own hands. I think shooting a BB gun at your dog would be breaking the law, too.

Guest BenderBendingRodriguez
Posted

Do not shoot your neighbor if he shoots your dog with a BB gun. No part of that is a good idea.

Posted

Ummm...people...I have had dogs that I was very close to as well....

But as far as the law goes, they are property. You can't use deadly force against a human to protect an animal.

Guest bkelm18
Posted
Ummm...people...I have had dogs that I was very close to as well....

But as far as the law goes, they are property. You can't use deadly force against a human to protect an animal.

+1

They may be family in our eyes, but the law doesn't see it that way.

Guest Chattanoogan
Posted

But as far as the law goes, they are property. You can't use deadly force against a human to protect an animal.

Theres what I was looking for...

Im sure it would be different if it was a Police K9 though....

Posted
Theres what I was looking for...

Im sure it would be different if it was a Police K9 though....

The only difference the law makes for a Police Dog (or Fire Dog, search and rescue dog, service animal or police horse) is that in addition to the cost of the animal, the cost of any specialized training is to be considered when determining the level of theft for the killing of the animal. T.C.A. 39-14-205 LexisNexis® Custom Solution: Tennessee Code Research Tool

Posted
Call the police and follow the crook, but don't confront until the police arrive.

this. And you have a beautiful Husky.

Chloe says hello.

Chloe3.jpg

Posted

Officer friend of mine advised me that my HCP covered me and I was unable to use my pistol to defend my dog (we walk about 3 to 5 miles a day thru our residential neighborhood).

That being said, if someone took a shot at her I'd have no problem shooting back. Taking a shot at her would essentially be taking a shot at me.

If someone tried to steal her, well best of luck to them. Don't know too many folks that would try to mess with a 65 lb pit bull :cool:

45f79991-7220-510f.jpg

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Posted
Officer friend of mine advised me that my HCP covered me and I was unable to use my pistol to defend my dog (we walk about 3 to 5 miles a day thru our residential neighborhood).

That being said, if someone took a shot at her I'd have no problem shooting back. Taking a shot at her would essentially be taking a shot at me.

If someone tried to steal her, well best of luck to them. Don't know too many folks that would try to mess with a 65 lb pit bull :cool:

45f79991-7220-510f.jpg

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He gave you bad advice that if you follow will land you in prison.

First...you HCP has you covered for what? HCPs are just so you can lawfully carry a handgun off your property, they have nothing to do with the laws on use of force.

Also the law is clear...the intentional killing of an animal is theft and you can not use deadly force to protect property. Even if someone shot your dog on your property in front of you...as far as the law is concerned, it is the property crime of theft.

Now if someone shot at your dog while it was at your side and you could make others reasonably feared for YOUR life (NOT the dogs) then you might be justified under self-defense. But no way under defense of a third-party.

Posted
Now if someone shot at your dog while it was at your side and you could make others reasonably feared for YOUR life (NOT the dogs) then you might be justified under self-defense. But no way under defense of a third-party.

Which is what I was getting at.

If their gonna shoot at her (she's always on her leash, right by my side, anytime we're out of my house) then they're taking a shot at me also. At that point I'm afraid for my life because they've already shot in my direction.

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Posted
Which is what I was getting at.

If their gonna shoot at her (she's always on her leash, right by my side, anytime we're out of my house) then they're taking a shot at me also. At that point I'm afraid for my life because they've already shot in my direction.

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Well then you are not using your pistol to defend your dog as stated in your first post.

If something ever happens...I'd be careful not to make that slip when giving your statement to the police....

Posted

Hopefully I never have to give that statement, but if I do I've already run thru it once or twice in my head.

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Posted
Ummm...people...I have had dogs that I was very close to as well....

But as far as the law goes, they are property. You can't use deadly force against a human to protect an animal.

Your right of course as far as the law goes.

IF you're lucky enough to survive contact with the 80+lb pitt I call my friend and manage to take him....I will attack and let the chips fall where they may. I don't want to hurt anyone, but we have a couple of dogs, one of which is 9lbs of princess royalty. I would fire on someone with no conscience over her.

Posted
Iv

What do you do?

First off, I realize you are posing a "what if" situation for discussion and it is interesting. I would not allow my dog to ride in the back of my truck. If she is with me she is in the cab with the heat or the AC on, all 85lbs of her. When I adopted her and the previous rescued GSD I signed that the animal would not be allowed to ride in the back of an uncovered truck.

Now, back to the discussion. I would call 911 and follow the vehicle.

oldogy

Posted
Your right of course as far as the law goes.

IF you're lucky enough to survive contact with the 80+lb pitt I call my friend and manage to take him....I will attack and let the chips fall where they may. I don't want to hurt anyone, but we have a couple of dogs, one of which is 9lbs of princess royalty. I would fire on someone with no conscience over her.

The second "what if" started with talking about shooting at a dog across a fence with a BB gun...not trying to steal a dog or if someone was trespassing on your property and the dog was involved.

There are always many variables that hard to think of and judge when we talk about "what ifs" but I was mainly talking about the "maiming" he was talking about...you can't even use deadly force to protect a person from being maimed unless it falls under one of the definitions of serious bodily harm.

Posted
The second "what if" started with talking about shooting at a dog across a fence with a BB gun...not trying to steal a dog or if someone was trespassing on your property and the dog was involved.

There are always many variables that hard to think of and judge when we talk about "what ifs" but I was mainly talking about the "maiming" he was talking about...you can't even use deadly force to protect a person from being maimed unless it falls under one of the definitions of serious bodily harm.

You are right as usual on matters such as these. I guess if it ever happens to me, I'm going to be in deep doodoo.

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