In Defense of Pet?

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We seem to have strayed a bit from the OP:

Someone comes, uninvited, on your rural property, your dog runs out barking, acting as an alarm bell, interloper pulls gun to shoot dog...barking with hackles up
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Note from the highlights. This is a rural situation. There could be a hundred reasons this guy has a gun. Depending on whose property it is, it may or may not be well marked, a dog runs up to him "barking with hackles up". The guy "pulls gun" (this means he hasn't shot yet folks).


There is ZERO justification for shooting this guy at this very second. You are on extremely shaky legal ground AFTER he pulls the trigger. You don't stand a snowballs chance in hell BEFORE he pulls the trigger.

If we are considering it "defense of property" then what happens if the guy in on your property shooting at trees? Can you shoot him? After all, he's "destroying property".
 
KL, I would not start the gun fight... the person discharging a firearm in a threatening, felonious manner started the gun fight...
Brent
 
my dog would bark and hold you there ...he would only bite if you place hands on one of us...If you come on my property with a weapon and pull it you can expect to recieve the same...and I would assume we were next after you shot my dog so I would shoot you ...even first if I get your attention and you don't drop the weapon ...Let the Lawyer sort it out but one less bad guy to reoffend...I certianly value my dogs life more than that of an Armed Intruder...that would be easy to prove...With gun,Intruding on my property=Good shoot ...
 
Pizza, If the guy is simply trespassing with a firearm shooting my trees I would use the presence of my firearm to be ready if they do not comply with orders to drop the fire arm, kneel, hands behind your head and slither away from the weapon... down on your face and await the LEO who is going to arrest you for multiple felonies of which I will press charges and cooperate with the DA... If they fail to comply I will use varying levels of force to insure compliance. MY RURAL PLACE... MY RULES! Dog or no dog felony armed trespass and brandishing a firearm and possibly poaching charges will insue!
Florida does not require fences or signage to mark lines... it is the duty of the public to avoid trespassing. But my place is a 5+ acre rectangle of which obvious boundaries exist. I won't go ape noodles over the first foot or 3 but blatant trespass is a different story.
Brent
 
Pizza, If the guy is...
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Alright, but legally speaking you would be required to act the same way whether it be "property" or a dog, since the law does not consider your dog to be anything more than "property". So far as I can tell from the laws.
 
As has been stated a number of times, there are more than a few states that consider deadly force to protect PROPERTY to be a justifiable use of said deadly force.

Under law in most, if not all, states, pets are considered to be PROPERTY.
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That has been my assertion all along. I also stated that our state of VA is not one of those states where protecting property with deadly force is justified. You asserted that you would do just that.
 
well shooting into the tree tops has not imparted the same level of personal threat induced fear as putting bullets in an animal... Thus he will have a pass to comply for the tree murder that is revoked if they shoot a dog... Shooting the dog on my property really sends a signal to me that I am next that pine sap oozing from a gunshot wound just doesn't equal:o...
Brent
 
You have the right to protect your property... technically your pet is your property.
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Right on both counts, but in most states you may not use deadly force to protect property except where "protection of property" involves an action within an occupied dwelling or vehicle.

That's true in Missouri where I live. I have been told that the intent of the law was not to allow me to shoot to "protect the property", as the antis have proclaimed, but to establish unlawful entry as a reason to believe that imminent danger to persons exists and to eliminate the requirement to retreat. Came about as the result of some bad case law, I'm told.

I am aware that in Georgia one may employ deadly force to protect property. One may also use deadly force to protect tangible, moveable property in Texas at night if it is necessary.

There may be other examples but I'm not aware of them.
 
What state will I be arrested and charged with murder if I flushed a pet gold fish?
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If that pet goldfish belonged to Chuck Norris you wouldn't be LUCKY enough to get arrested. You would likely be on the business end of a lethal roundhouse kick to the dome...

Oh wait, are we talking about guns and tactics and stuff? Nevermind.
 
Shooting the dog on my property really sends a signal to me that I am next that pine sap oozing from a gunshot wound just doesn't equal...
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On that point you may have a valid legal argument.

It's not one I would PERSONALLY want to stake my freedom on, but it might work. I'd guess you would need more, something like the guy pointing the gun at you or yelling "You're next!"


All this assuming, of course, that the guy actually DOES shoot the dog, which in the OP he has not done.
 
And you would spend the rest of your adult life behind bars for killing the person who slapped your wife.
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So, a violent physical attack on my wife, or me, is not enough of of a threat for me to end it with deadly force?

I'm sorry, maybe the laws are different where you live but in Texas, I believe that might fall under threatening my and or my families personal safety with intent to do physical harm.
 
Hellfire, I am with you on this'n... No man better even bow up on my wife... I wouldn't even need a weapon.. just knowin I am at her mercy if I don't defend her honor is motivation enuff to go nutso. I have enuff skills at my disposal from handling a variety of mean animals to pretty much take control of yer average man... and some above average ones too...
Brent
 
So, a violent physical attack on my wife, or me, is not enough of of a threat for me to end it with deadly force?
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A slap in the face is not the same as intending to inflict serious bodily harm or death and, thus, does not warrant the use of deadly force.
 
Amazing! This is approaching 100 posts in less than a day. That's got to be a record!

The OP's question was an interesting one, but also an emotionally charged one, and I probably should've seen this coming. It's gone from a question that was only remotely related to T&T to begin with, to "I'm gonna do this or that to anyone that touches my dog/wife/kids".

Closed, while the train's still on the tracks.
 
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