Dogs and Texas CHL

[Mel]

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?

There are many. It depends who or what they're attacking and where they are. If your dog is attacking a burglar in your home, the burglar isn't justified in shooting your dog. If your dog is attacking Popeye's chickens in Popeye's back yard, he is justified in shooting your dog.

But, most "Popeye's" post 30.06 signs! Does this affect your answer?

[C-dub]

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.

Oh, they own it. They just allow us to buy it for them and let us live there.

[C-dub]

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?

There are many. It depends who or what they're attacking and where they are. If your dog is attacking a burglar in your home, the burglar isn't justified in shooting your dog. If your dog is attacking Popeye's chickens in Popeye's back yard, he is justified in shooting your dog.

But, most "Popeye's" post 30.06 signs! Does this affect your answer?

Haven't been in one yet. I've only gone through the drive-thru.

[StuffandThings]

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...

SpeedSix --

The title of the law Jumping Frog is quoting is...
§ 822.013. Dogs or Coyotes That Attack Animals
http://www.statutes.legis.state.tx.us/D ... HS.822.htm" onclick="window.open(this.href);return false;

Agreed this covers you if you're walking your dog but what if you're walking/jogging alone or with another human? Is there a statue that deals with Dogs That Attack People?

[speedsix]

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?

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.

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...

[apostate]

Is there a statue that deals with Dogs That Attack People?

There sure is! See Texas Health & Safety Code, Chapter 822, Subchapter A.

[speedsix]

...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???

[StuffandThings]

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?

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.

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...

Got it, thanks Speedsix.

Yes Chapter 822 refers to the approach via the legal system. I figure Apostate hasn't read it, doesn't realize I would rather shoot a Pit Bull before I'm mauled or is just being funny.

[apostate]

The request was for "a statue that deals with Dogs That Attack People" and that's precisely what it does.

If you're asking about shooting it, I contend you're looking at it from the wrong perspective. This is Texas. Ask instead what laws you would be breaking by defending yourself from the dog. Depending on the circumstances, there may or may not be any. If there are, then look for justifications excluding criminal responsibility.

[speedsix]

...WHY the law doesn't clearly spell it out for us humans, who knows?

(...I guess he was being serious...)

[MasterOfNone]

Seems it would be simple enough to change the use of force laws from "...against another..." to "...against another or another living being..." or add a section that states that all justifications for force against a person also apply to force used against an animal.

[StuffandThings]

Right because I'm interesting in pursuing a legal case. I'm on the Texas CHL (Crazy Houstonian Lawsuit) Forum, correct?

On a slightly bizarre note, my CHL instructor (Houston Metro Officer) told us one of his former students has shot three dogs while jogging. He was in no way encouraging that kind of thing either. Seems like he said one was a poodle too. Woof.

[oldnfat]

Good info. I have also thought about this scenario. I often walk my dogs, and our area has numerous stray dogs some of which are pits. Never had an incident so far. But I do carry pepper spray and my EDC. Thanks for this post and all the good answers.

[speedsix]

...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...