Protecting Animals with Deadly Force

GlockandLoad · #1

What rights do I have to protect my animals?

Scenario - someone comes into my yard to attempt to hurt / kill / steal one of my dogs. My dogs are like my children and I know what I would do if someone came onto my property to abduct my child. Needless to say, that person would have a date with a black plastic bag. But, what rights do I have when protecting my animals. Can I use deadly force? I see nothing in the law books about protecting domestic animals.

Any info would be greatly appreciated. Thanks!

GlockandLoad

txinvestigator · #2

I would treat them as property.

Dragonfighter · #3

Just grabbing at air here, but perhaps that falls under the consequences of theft (property) and criminal mischief.

Rightly or wrongly, I have leveled a weapon at some one's dog that was charging mine. He arrested its charge just as I was increasing the squeeze. I did not reholster until the animal was secured.

*Mitigation:* Kids were behind me and my dog placed herself between us and the dog making herself the target.

GlockandLoad · #4

I would protect my dog from another animal with deadly force without a doubt. But pointing a weapon at an animal is a lot different in the eyes of the law than pointing your weapon at another human being.

I am concerned about that aspect. If a person comes into my yard with intent to harm or steal my dog(s), do I have the right to defend that animal with deadly force same as protecting another human being?

I guess being that this is TX, if they came into the yard at night, well, they'd be in trouble. But on a nice bright sunny saturday morning, someone comes into my yard with the above intent. I don't think I would hesitate to draw down on them, but what would the legal ramification be if I squeezed and popped?

txinvestigator · #5

GlockandLoad wrote: I am concerned about that aspect. If a person comes into my yard with intent to harm or steal my dog(s), do I have the right to defend that animal with deadly force same as protecting another human being?

I guess being that this is TX, if they came into the yard at night, well, they'd be in trouble. But on a nice bright sunny saturday morning, someone comes into my yard with the above intent. I don't think I would hesitate to draw down on them, but what would the legal ramification be if I squeezed and popped?

They MIGHT be "in trouble" if they came into your yard at night.

Read 9.41 and 9.42 of the penal code, and then decide what justification you might have. Pay close attantion to words such as, reasonably believed, immediately necessary, etc.

GlockandLoad · #6

^^^

I sure will man. I don't have the book with me here at work, but I will check that out as soon as I get home.

txinvestigator · #7

GlockandLoad wrote:^^^

I sure will man. I don't have the book with me here at work, but I will check that out as soon as I get home.

http://tlo2.tlc.state.tx.us/statutes/do ... tm#9.41.00

9.31 and 9.32 changed, but Use of force to protect property is accurate.

stevie_d_64 · #8

txinvestigator wrote:I would treat them as property.

Ditto...

#9

txinvestigator wrote:I would treat them as property.

Pets are chattel (personal property) under Texas law. As txinvestigator suggested, using deadly force to protect them must comply with TPC Â§9.41 & 9.42. Ironically, there was a PETA-backed nut-job bill that passed last session that deals with "protecting" animals and it makes it much harder to protect a pet from attack by other animals. (Yeah, my extreme bias against PETA and The Humane Society of the United States is showing. BTW, The Humane Society of the U.S. is NOT the Humane Society we've known for years.)

I'll see if I can find the bill.

Chas.

Kalrog · #10

Charles L. Cotton wrote:BTW, The Humane Society of the U.S. is NOT the Humane Society we've known for years.

Lots of people fail to see the difference. I got a couple of dogs from the Humane Society of Williamson County a couple weeks ago. I liked them. No way I will go anywhere near HSUS (Humane Society of the US).

#11

Kalrog wrote:
Charles L. Cotton wrote:BTW, The Humane Society of the U.S. is NOT the Humane Society we've known for years.
Lots of people fail to see the difference. I got a couple of dogs from the Humane Society of Williamson County a couple weeks ago. I liked them. No way I will go anywhere near HSUS (Humane Society of the US).

That's why they are so dangerous! People tend to think they are the same kindly, non-political organization that's been taking care of dogs and cats for years.

Chas.

GlockandLoad · #12

So what's the difference between the Humane Society and the HSUS ??

Kalrog · #13

HSUS is dang close to an environmental/animal defense terrorist organization. It is much more like green peace and PETA than it is your local pet adoption center.

Venus Pax · #14

This has always been a major issue for me. Dog fighting rings are common, and I've read that dog fighters train their dogs on smaller dogs and puppies. (I'm watchful of Baxter, as he's a little guy with a big mouth.)
If I were to catch anyone taking him, my fear would be that he could be used for training dogs. I love him too much to allow that.

Charles, correct me if I'm wrong: My understanding is that DF is justifiable if the property cannot be recovered. I'm thinking an individual pet cannot be recovered.

Stupid · #15

Isn't human a kind of animal too?