My understanding is that I have the right to defend my property. I would be legally justified to use deadly force if someone walked into my garage and took the hammer or 2x4 mentioned above and I followed the proper procedures under PC 9.41 Protection of One's Own Property. PC 9.42 Deadly Force to Protect Property states:
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by
any other means; or
(B) the use of force other than deadly force to protect or recover
the land or property would expose the actor or another to a substantial
risk of death or serious bodily injury
Now whether this is intelligent to attempt is different and has been discussed relating to TV's and such. Back to the dog scenario. I agree that you can't defend them as a member of your family, but you can protect them as your property. I know the law is referring to force against a human, but if you're justified against a human, does a dog have greater rights? Common sense suggests that you could and should protect your dog (and yourself) from an attacking dog. You should then attempt to recoup the cost of the expensive ammunition used, the pain and suffering at trying to find replacement ammo, and the emotional trauma caused by having to use a precious commodity.
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- by Who'sJohnGalt
- Thu May 14, 2009 10:24 am
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: defending your dog
- Replies: 32
- Views: 5170
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