TexasCHLforum.com

You're walking down a quiet suburban street lined with typical 3-bedroom-brick houses, taking the dog for a walk on a warm afternoon.

Under Texas law, can you LEGALLY draw and fire your concealed weapon:

1. If a strange dog runs up and attacks you?

2. If a strange dog runs up and attacks your dog?

I'm sure you're legally covered in #1. I'm not so sure about @2. Remember also that sometimes dogs will freeze and sniff each other before fighting. Some will bare their teeth and bark and then attack, or not attack. I've had many, many dogs run at me like they were going to tear me apart, and then back off, especially if I stamped my foot or pretended to pick up a rock. I can see somebody running out of their house in tears, screaming, "You killed our little Fluffy!!!! He was just playing!!!!"

Ruark wrote:You're walking down a quiet suburban street lined with typical 3-bedroom-brick houses, taking the dog for a walk on a warm afternoon.

Under Texas law, can you LEGALLY draw and fire your concealed weapon:

1. If a strange dog runs up and attacks you?

2. If a strange dog runs up and attacks your dog?

I'm sure you're legally covered in #1. I'm not so sure about @2. Remember also that sometimes dogs will freeze and sniff each other before fighting. Some will bare their teeth and bark and then attack, or not attack. I've had many, many dogs run at me like they were going to tear me apart, and then back off, especially if I stamped my foot or pretended to pick up a rock. I can see somebody running out of their house in tears, screaming, "You killed our little Fluffy!!!! He was just playing!!!!"

If I'm genuinely being attacked by a dog that has the potential to kill me (and let me tell you, angry poodles can be FIERCE), I won't be thinking about whether I can or can't use my gun according to Texas Laws. I will let the police sort it out with me while I'm in the ER getting stitched up. As for attacking your own dog, I'd say its your call. Legal defense of property/livestock, I suppose.

Despite the tendency towards pet worship in this country, dogs are chattel, not people. If they are unrestrained, and not on their owner's property, then it is the owner who has failed.

Are you asking if they have the same protection as people (no), or if there is a problem in discharging your weapon in city limits (maybe)?

Attacking a person is no brainer, self defense . . . A dog charging me is dead right there.

A dog attacking a domestic animal can be killed legally.

http://codes.lp.findlaw.com/txstatutes/ ... /B/822.013" onclick="window.open(this.href);return false;

• (a) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by:
  
  (1) any person witnessing the attack; or
  
  (2) the attacked animal's owner or a person acting on behalf of the owner if the owner or person has knowledge of the attack.
  
  (b) A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote.
  
  (c) A person who discovers on the person's property a dog or coyote known or suspected of having killed livestock, domestic animals, or fowls may detain or impound the dog or coyote and return it to its owner or deliver the dog or coyote to the local animal control authority. The owner of the dog or coyote is liable for all costs incurred in the capture and care of the dog or coyote and all damage done by the dog or coyote.
  
  (d) The owner, keeper, or person in control of a dog or coyote that is known to have attacked livestock, domestic animals, or fowls shall control the dog or coyote in a manner approved by the local animal control authority.
  
  (e) A person is not required to acquire a hunting license under Section 42.002, Parks and Wildlife Code, to kill a dog or coyote under this section.

As far as no-discharge laws, you would use a necessity defense. You may have to fight it in court, but you should also have a reasonable defense.

I was walking down a country street when charged by a pack of dogs. Reached down and picked up a wrench that was lying in the road and they all turned and ran. dogs equate people with something in their hands as a threat. I've used this same technique picking up a newspaper also. Never turn and run from them. Hold your ground and face the threat. They can run a lot faster than you and pull you down.

JCole wrote:Are you asking if they have the same protection as people (no), or if there is a problem in discharging your weapon in city limits (maybe)?

No, not asking if they have the same protection. Texas law has specific conditions under which a concealed weapon can be drawn and used in defense of yourself or others. As one poster showed, there is language in the law saying you can kill a dog that is attacking domestic pets. I'm wondering to what extent the two are combined, in the case of you walking down a residential city street and your dog is attacked by another dog.

Let's try to stay focused here. I'm not talking about how to deal with a dog, or whether or not you should shoot one. I'm talking about what actions are addressed by Texas law.

Ruark wrote:

JCole wrote:Are you asking if they have the same protection as people (no), or if there is a problem in discharging your weapon in city limits (maybe)?

No, not asking if they have the same protection. Texas law has specific conditions under which a concealed weapon can be drawn and used in defense of yourself or others. As one poster showed, there is language in the law saying you can kill a dog that is attacking domestic pets. I'm wondering to what extent the two are combined, in the case of you walking down a residential city street and your dog is attacked by another dog.

Let's try to stay focused here. I'm not talking about how to deal with a dog, or whether or not you should shoot one. I'm talking about what actions are addressed by Texas law.

What are the odds that you are a public school teacher?

I accept your admonishment for not staying focused.

I just asked the man about both cases.



He said in case 2 how do you know your dog was not protecting you from the attack, ala Lassie?

Dogs aren't eligible for a Texas CHL. http://bit.ly/wtzm4m" onclick="window.open(this.href);return false;

Sister-in-law got attacked last week out in Georgia. She was walking her 3 fru fru dogs. Wandering Pit and Rottie came after her dogs. Neighbor saved them but not before 2 dogs got chewed up good, SIL got bit multiple times on arms (she thrust hands in dogs mouth to make it release) and broke a tooth when she fell down. Not a good situation.
Definitely a life and death situation. Only time I would have a second thought about shooting a dog would be if I was on it's property.

Ruark wrote:You're walking down a quiet suburban street lined with typical 3-bedroom-brick houses, taking the dog for a walk on a warm afternoon.

Under Texas law, can you LEGALLY draw and fire your concealed weapon:

1. If a strange dog runs up and attacks you?

2. If a strange dog runs up and attacks your dog?

I'm sure you're legally covered in #1. I'm not so sure about @2. Remember also that sometimes dogs will freeze and sniff each other before fighting. Some will bare their teeth and bark and then attack, or not attack. I've had many, many dogs run at me like they were going to tear me apart, and then back off, especially if I stamped my foot or pretended to pick up a rock. I can see somebody running out of their house in tears, screaming, "You killed our little Fluffy!!!! He was just playing!!!!"

The daughter has two wiener dogs, one of which is ancient and nearly blind. We also have my dad's old tank of a dog (Caucasian mountain dog). If another dog is a threat to the wieners and attacks, then its time to drop kick them through the field goal of life. If its a threat to the tank of a dog then its a threat to me and I will act appropriately.
For the record the only time I have drawn my firearm is when two pit bulls came at us when walking just the wiener dogs. Pit bulls are a threat to humans as well. I had one and know what they can do.

Shinesintx wrote:What are the odds that you are a public school teacher?

LOL!

Lupine wrote:Only time I would have a second thought about shooting a dog would be if I was on it's property.

I don't believe dogs are eligible to own property in Texas.

Taggart wrote:

Lupine wrote:Only time I would have a second thought about shooting a dog would be if I was on it's property.

I don't believe dogs are eligible to own property in Texas.

You are correct, but it's only a matter of time...