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- Wed Feb 01, 2012 9:46 pm
- Forum: General Texas CHL Discussion
- Topic: Dogs and Texas CHL
- Replies: 43
- Views: 6760
Re: Dogs and Texas CHL
...I love dogs more'n most folks do...I've been considering this option...removes the iffy on the necessity law...I'm checking to see if it's legal here... " onclick="window.open(this.href);return false; only problem is if the animal's already locked onto someone or another dog...it's a shared experience...
- Tue Jan 31, 2012 10:30 pm
- Forum: General Texas CHL Discussion
- Topic: Dogs and Texas CHL
- Replies: 43
- Views: 6760
Re: Dogs and Texas CHL
...WHY the law doesn't clearly spell it out for us humans, who knows?
(...I guess he was being serious...)
(...I guess he was being serious...)
- Tue Jan 31, 2012 10:20 pm
- Forum: General Texas CHL Discussion
- Topic: Dogs and Texas CHL
- Replies: 43
- Views: 6760
Re: Dogs and Texas CHL
...that law defines what a dangerous dog is, what must be done to get a dog designated dangerous, what must be done by the owner once it is so designated, and many other things...can you show me where it answers the question posed about defending yourself against a dog which is attacking???
- Tue Jan 31, 2012 10:09 pm
- Forum: General Texas CHL Discussion
- Topic: Dogs and Texas CHL
- Replies: 43
- Views: 6760
Re: Dogs and Texas CHL
Jumping Frog wrote:Well, I already quoted you the statute that says you are allowed to shoot an attacking dog. In that post, I also said you would use a necessity defense to address discharging a firearm in city limits.Ruark wrote:Actually I was a teacher for 12 years. Let me ask this another way... Under Texas law, are yo u legally justified in shooting a dog that is attacking your dog, in an urban area, if you have a CHL?
Since you are still asking about "legally justified", here is what I meant by the "necessity defense":
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.
...JF referred to this in his first post...posted the text of the law on page 2...as I said before, you don't get a guarantee, but if you can meet (1), (2), and (3)...then the law says you're justified... you're not going to find a law that just says what you want it to say...but this one should cover you...
- Tue Jan 31, 2012 8:56 pm
- Forum: General Texas CHL Discussion
- Topic: Dogs and Texas CHL
- Replies: 43
- Views: 6760
Re: Dogs and Texas CHL
...oh, great...now I'm hungry... 
- Tue Jan 31, 2012 8:27 pm
- Forum: General Texas CHL Discussion
- Topic: Dogs and Texas CHL
- Replies: 43
- Views: 6760
Re: Dogs and Texas CHL
StuffandThings wrote:The original question has been asked before but I'm not sure I've ever seen it answered in terms of anyone pointing out the law allowing it. I've often wondered the same thing.
You can shoot a dog attacking livestock or fowl. Check.
You can shoot a dangerous wild animal defined by Section 822.101, Health and Safety Code. Check.
I completely agree with anyone who says common sense says I will shoot first to protect myself and my family against an attacking Pit Bull and ask questions later. Check.
Still, I'd like to know if I'm going to jail for doing so. Dogs may be chattel but let's be honest there are cruelty laws on the books so you can't go around killing said chattel whenever you feel like it. So back to the original question, is there a Texas law that addresses attacking dogs? I remember my CHL class saying this was acceptable. Great, but where is the law? Or is there one?
...please re-read the post made by Jumping Frog...he both linked and quoted the law that answered the OP's question and yours...
...that law does not specify livestock or fowl...read it again...it specifies "livestock, domestic animals, or fowl"...the words you skipped over answer your question...every word in law is important...(and dogs and cats are domestic animals)
...the necessity law JF later quoted SHOULD keep you out of trouble if you're in the city when you have to shoot...or at least aid you in your defense...there is no guarantee how your case would be decided...
- Tue Jan 31, 2012 8:17 pm
- Forum: General Texas CHL Discussion
- Topic: Dogs and Texas CHL
- Replies: 43
- Views: 6760
Re: Dogs and Texas CHL
Ruark wrote:Actually I was a teacher for 12 years. Let me ask this another way... Under Texas law, are yo u legally justified in shooting a dog that is attacking your dog, in an urban area, if you have a CHL?
...if you don't like or understand the answer given you by Jumping Frog...there is no other answer...it's clear enough,if you stay focused on it...he quoted the law...