My Dog attacked by Pitbull while wearing my CCW

[frazzled]

I commend you for your restraint. If it were me, that would have been one very dead pit bull. I would have shot that dog with no remorse or hesitation.

And you might have been shot in return.

Here's the truth of it. If a dog runs at my dog and they get in a fight, and you come running up yelling at me and pull a gun then you are an immediate threat to my person and I will stop that threat WITHOUT FURTHER warning. It has nothing to do with the dog. You are the threat at that point.

Remember, having a gun means you can be considered a lethal danger to others.

[03Lightningrocks]

I commend you for your restraint. If it were me, that would have been one very dead pit bull. I would have shot that dog with no remorse or hesitation.

And you might have been shot in return.

Here's the truth of it. If a dog runs at my dog and they get in a fight, and you come running up yelling at me and pull a gun then you are an immediate threat to my person and I will stop that threat WITHOUT FURTHER warning. It has nothing to do with the dog. You are the threat at that point.

Remember, having a gun means you can be considered a lethal danger to others.

Nope...if I already have my gun drawn and you go for a gun, I am going to drop you where you stand. You'll never clear the holster.

The situation you speak of above is not the same as the OP. First and foremost...if you are the kind of person to allow your dog to attack my PUPPY while doing nothing to stop it, I will shoot your dog. If you attempt to draw once i have the drop on you....you will be fired upon and in all likely hood lose.

[frazzled]

I commend you for your restraint. If it were me, that would have been one very dead pit bull. I would have shot that dog with no remorse or hesitation.

And you might have been shot in return.

Here's the truth of it. If a dog runs at my dog and they get in a fight, and you come running up yelling at me and pull a gun then you are an immediate threat to my person and I will stop that threat WITHOUT FURTHER warning. It has nothing to do with the dog. You are the threat at that point.

Remember, having a gun means you can be considered a lethal danger to others.

Nope...if I already have my gun drawn and you go for a gun, I am going to drop you where you stand. You'll never clear the holster.

The situation you speak of above is not the same as the OP. First and foremost...if you are the kind of person to allow your dog to attack my PUPPY while doing nothing to stop it, I will shoot your dog. If you attempt to draw once i have the drop on you....you will be fired upon and in all likely hood lose.

Your dog engaged my dog and you're going to draw down? Do you not realize what you're saying here-you presenting yourself as a lethal threat. You're escalated the situation into a potentially lethal situation AND YOU ARE IN THE WRONG. At best you're about to be one with a jail cell. At worst you're dead on the street BECAUSE YOU ESCALATED THE SITUATION FROM A DOG FIGHT INTO A POTENTIAL GUNBATTLE.

EDITED by myself as could be construed as a personal attack. I apologize.

Now lets back this up. Your unleashed dog engages a woman and her leashed dog. You pull a gun. You've just committed assault with a lethal weapon (fear of harmful or offensive touching). Everyone in the neighborhood now has the right to protect her from you, including using lethal force. Good sir, you've just engaged a neighborhood. I hope you brought friends.

EDIT: I understand your position. I myself have a CHL, partially to protect myself when walking a dog. The current dog HAS been attacked by an unleashed pitbull-in our yard no less. My mom has driven off two unleashed rottweilers from attacking a cat in our yard. Earlier in my life, when I also had a pit bull, he saved me from being attacked by an unleashed Rottweiler.

But you have a duty as a CHLr to remember, you only have the right of self defense. The moment you pull a gun you better be right and it better be in self defense or defense of others, else you’ve just committed a felony. Further, you leave yourself open to other people viewing what you are doing as an immediate threat. They too may respond, and in this case well within their rights. The person wityh the leashed dog, a bystander, even a neighbour-all could view you now as an immediate and lethal threat and respond in that manner.

[Oldgringo]

Somebody get a lock!

[03Lightningrocks]

You know what the problem is here. We can change conditions of the original post and a different response will be indicated. I did not bother reading your whole post frazzle, when I got to the part about a woman or girl or something I realized you where going off on a different situation.

Now let me be clear for you Frazzle. If you were to sit there and watch your dog attack my dog and do nothing to stop it, I would shoot your dog dead. If you were making an attempt to stop your dog...I would thank you and appologize for my dogs bad behavior and my own ignorance for letting my dog run loose.

Get the difference???? The first scenario is what the OP ask? It got lost in all the "I Love My Dog" posts. The way I read it was, the clown with the pit bull was doing nothing to stop the attack. He was too busy running his mouth.

[03Lightningrocks]

Somebody get a lock!

LOL...yeah quick..lock it before anybody else chooses not to gang up on the OP.

[frazzled]

You know what the problem is here. We can change conditions of the original post and a different response will be indicated. I did not bother reading your whole post frazzle, when I got to the part about a woman or girl or something I realized you where going off on a different situation.

Now let me be clear for you Frazzle. If you were to sit there and watch your dog attack my dog and do nothing to stop it, I would shoot your dog dead. If you were making an attempt to stop your dog...I would thank you and appologize for my dogs bad behavior and my own ignorance for letting my dog run loose.

Get the difference???? The first scenario is what the OP ask? It got lost in all the "I Love My Dog" posts. The way I read it was, the clown with the pit bull was doing nothing to stop the attack. He was too busy running his mouth.

Its Frazzled by the way, as in I’m always frazzled.

Under any of the scenarios discussed-the other dog owner is helping, not helping, has a chihuahaha, has a herd of leashed sharks with freeking lazer beams, is an old lady or a full on Crips OG, it doesn’t matter.

A. Their dog was leashed your dog wasn’t. You had no fear their dog was going to attack you.
B. Under your scenario you’re drawing a weapon.

Now lets be clear,
1. You have no legal right to draw that weapon.
2. In drawing that weapon you are committing an assault.
3. The other party now has a right ot defend themselves because to a reasonable person YOU have now put them in fear of immediate, deadly harm
4. Bystanders also have a right under Texas law to defend the other dog owner because to a reasonable person YOU have now put them in fear of immediate deadly harm to them or the other dog owner.
5. At this point your best option is jail time when the police come. The worst option is a shootout. Your mastery of ballistics are now irrelevant. You’ve just changed the life of yourself, your family, and those people forever.

I understand and sympathize as we treat our pets like family, but in the real world this is bad karma.

[Keith B]

OK folks, it IS about 1mm for getting the post locked. Please discuss without pointing fingers or accusations. Anymore and the topic will be locked immediately.

[03Lightningrocks]

A persons dog does not become fair game because it is off a leash. If that were true a person could just walk around attacking unleashed dogs. If somebody thinks they have the right to allow their dog to maul another dog, this is bad karma.

I will try saying this one more time. If a person does nothing to stop their dog from mauling my dog, I do have the right to do anything I have to in order to stop the attack. There is a HUGE difference here. The difference being in whether or not the dog owner makes an attempt to stop the attack. That is the way it works in civilization. I am not required to allow my pet to be mauled because he is breaking a leash law. I have no idea where folks are coming up with the idea that not having a pet on a leash takes away the right to protect your pet from harm.

All I can say is, I won't play by those rules if I am ever in that situation and a PERSON IS NOT TRYING TO STOP THEIR DOG FROM ATTACKING MINE. If anyone believes they are going to get away with shooting a human being because that human kills their dog...LOL...your in for a rude awakening.


Well...now I am with old gringo...this is just . That's it for me.

[frazzled]

I do have the right to do anything I have to in order to stop the attack.

NO. Under the criminal laws of Texas, you don't.

[pbwalker]

[mymojo]

To get back to the original point:

If you shot a leashed dog for defending itself against your unleashed dog that charged (read: aggresive move), - regardless of their respective breeds - I would think you would be hard pressed to prove it was a defensive shooting.

If you pulled your gun in that situation you may be susseptable to losing your CHL - if not worse.

If you drop a hammer on the owner of that leashed dog - for whatever reason - be prepared for nasty legal consequences. He and his dog are the defenders. You and your dog are the aggressors.

[fickman]

I do have the right to do anything I have to in order to stop the attack.

NO. Under the criminal laws of Texas, you don't.

I agree. 03Lightningrocks - you have the right to use lethal force against a dog to protect yourself or another human being. I've never seen that right enumerated for the protection of dogs.

The other details (your dog being off of its leash and instigating the entire incident) don't matter. . . they'll just help in stacking a jury against you. In your own scenario, you could get charged with: assault, assault with a deadly weapon, cruelty to animals, unlawful discharge of a firearm within city limits, and committing a crime while carrying a firearm under the authority of your CHL.

[frazzled]

I agree. I really can empathasize though. I've even warned off punk kids who were "loitering" near my mom's fence with their huge dog-enjoying annoying my mom's dog.

"You young punks! Get off my lawn!!!" battlecry of the crotchety old men everywhere.