Page 1 of 4

Can't Defend Against 'Gators and Snakes?

Posted: Tue Aug 02, 2011 6:23 pm
by AlaskanInTexas
A slow work day led me to do a quick review of firearm related statutes. I noticed that for the offense of firing a weapon on public land, a defense exists if you reasonably fear bodily injury from a "dangerous animal," as defined in Texas Health and Safety Code ยง 822.101. I looked up the list of dangerous animals and noticed that it includes your typical Texas animals, such as tigers and gorillas, but did not mention venomous snakes or alligators. Being from Alaska, I have a general distrust for reptiles, and, legal or not, I think I would be inclined to fire if I was cornered by an aggressively approaching snake. I understand that the state doesn't want people blasting every serpent they encounter, but I think there ought to be some defense here. Any thoughts?

Re: Can't Defend Against 'Gators and Snakes?

Posted: Tue Aug 02, 2011 6:42 pm
by boba
It's hard to image an arrest in that situation. It's even harder to imagine an indictment. If it got that far my defense would be based on necessity.

Re: Can't Defend Against 'Gators and Snakes?

Posted: Tue Aug 02, 2011 7:58 pm
by sookandy
To be honest if it's fast has lots of teeth or fangs and it's within a few feet there will be shots fired. I think my defense in shooting it would be the screams heard miles away. I let all spiders walk away but them critters....scared to death of them.

Re: Can't Defend Against 'Gators and Snakes?

Posted: Tue Aug 02, 2011 8:59 pm
by Chemist45
Heh.
My defense would be based on the governor.
If he can defend his dog with a firearm, I can defend my life.

Re: Can't Defend Against 'Gators and Snakes?

Posted: Tue Aug 02, 2011 9:34 pm
by sookandy
Chemist45 wrote:Heh.
My defense would be based on the governor.
If he can defend his dog with a firearm, I can defend my life.
So if the governor defense works, then my Judge would work too? :lol:

Re: Can't Defend Against 'Gators and Snakes?

Posted: Tue Aug 02, 2011 10:14 pm
by Dave2
sookandy wrote:
Chemist45 wrote:Heh.
My defense would be based on the governor.
If he can defend his dog with a firearm, I can defend my life.
So if the governor defense works, then my Judge would work too? :lol:
Yes. Yes it will.

Re: Can't Defend Against 'Gators and Snakes?

Posted: Tue Aug 02, 2011 10:28 pm
by i8godzilla
Well, just make sure it is not a Timber Rattlesnake. Believe it or not, they are a protected species in TX.

If you live in the city, then killing an animal--including a gator or snake--may be an issue if you use a firearm. In rural Texas, what other folks do not know........................

Re: Can't Defend Against 'Gators and Snakes?

Posted: Wed Aug 03, 2011 11:23 am
by rubiconjp
What about loosed dogs without owners that act threateningly? In my neighborhood, I have ran into unleashed dogs a few times that charged me and my little girl during our walks.

Re: Can't Defend Against 'Gators and Snakes?

Posted: Wed Aug 03, 2011 11:36 am
by Warhammer
rubiconjp wrote:What about loosed dogs without owners that act threateningly? In my neighborhood, I have ran into unleashed dogs a few times that charged me and my little girl during our walks.
Just follow the 3 S's: Shoot, Shovel & Shut up!

If you are in a situation where you can't keep it under wraps (like in a neighborhood), defend yourself and you daughter first, then worry about upsetting the neighbors as a distant second.

Re: Can't Defend Against 'Gators and Snakes?

Posted: Wed Aug 03, 2011 11:38 am
by AlaskanInTexas
rubiconjp wrote:What about loosed dogs without owners that act threateningly? In my neighborhood, I have ran into unleashed dogs a few times that charged me and my little girl during our walks.
Just tell the cops you thought it was one of these:

(A) a lion;
(B) a tiger;
(C) an ocelot;
(D) a cougar;
(E) a leopard;
(F) a cheetah;
(G) a jaguar;
(H) a bobcat;
(I) a lynx;
(J) a serval;
(K) a caracal;
(L) a hyena;
(M) a bear;
(N) a coyote;
(O) a jackal;
(P) a baboon;
(Q) a chimpanzee;
(R) an orangutan;
(S) a gorilla; or
(T) any hybrid of an animal listed in this
subdivision.

Re: Can't Defend Against 'Gators and Snakes?

Posted: Wed Aug 03, 2011 11:39 am
by AlaskanInTexas
Or simply step into your neighbor's yard so that you are not on public land? Being silly of course.

Re: Can't Defend Against 'Gators and Snakes?

Posted: Wed Aug 03, 2011 12:13 pm
by Middle Age Russ
Just follow the 3 S's: Shoot, Shovel & Shut up!

If you are in a situation where you can't keep it under wraps (like in a neighborhood), defend yourself and you daughter first, then worry about upsetting the neighbors as a distant second.
:iagree:

A threat is a threat, regardless of the species you are facing. Neutralize it in the least bothersome way possible (firearms/lethal means being a last resort), but neutralize it before the threat causes you or a loved one serious bodily injury.

Re: Can't Defend Against 'Gators and Snakes?

Posted: Wed Aug 03, 2011 12:49 pm
by ddstuder
AlaskanInTexas wrote:
rubiconjp wrote:What about loosed dogs without owners that act threateningly? In my neighborhood, I have ran into unleashed dogs a few times that charged me and my little girl during our walks.
Just tell the cops you thought it was one of these:

(A) a lion;
(B) a tiger;
(C) an ocelot;
(D) a cougar;
(E) a leopard;
(F) a cheetah;
(G) a jaguar;
(H) a bobcat;
(I) a lynx;
(J) a serval;
(K) a caracal;
(L) a hyena;
(M) a bear;
(N) a coyote;
(O) a jackal;
(P) a baboon;
(Q) a chimpanzee;
(R) an orangutan;
(S) a gorilla; or
(T) any hybrid of an animal listed in this
subdivision.

The only thing missing on this list is
(U) Chupacabra [probably should be (A)]

Re: Can't Defend Against 'Gators and Snakes?

Posted: Thu Aug 04, 2011 12:13 pm
by rubiconjp
Warhammer wrote: Just follow the 3 S's: Shoot, Shovel & Shut up!

If you are in a situation where you can't keep it under wraps (like in a neighborhood), defend yourself and you daughter first, then worry about upsetting the neighbors as a distant second.
There have been a few instances where I almost drew with dogs charging straight at me and my daughter, and owners not around. I would not have hesitated to defend us but after reading this thread, start wondering about the consequences afterward. When an unleashed big dog starts gnarling at you at close range, is it justified to put it down? Waiting till the biting starts would be too late in many cases.