Dogs being shot

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AustinBoy
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Re: Dogs being shot

#16

Post by AustinBoy »

This doesnt exactly apply, but it gives you an idea what LEO think.

http://www.kutnews.org/post/wake-cisco- ... e-protocol" onclick="window.open(this.href);return false;
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Jim Beaux
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Re: Dogs being shot

#17

Post by Jim Beaux »

It's shocking the number of cruel people who go out of their way to kill a well mannered, well behaved dog for absolutely no reason....why Im shocked I say..... maybe these wanton killers should learn to be like me and enjoy the daily clean up of several large & stinking piles, embrace the joy of picking up shredded newspapers strewn across the yard, & learn to enjoy wolf howling 50' from the bedroom window....btw, before offering unsolicited advice be advised; my city puts the onus on the victims instead of the pet owners.
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Re: Dogs being shot

#18

Post by barstoolguru »

YOU CAN NOT SHOOT STRAY ANIMALS IN THE STATE OF TEXAS. You have the right to defend yourself but you just can't shoot someone's dog because it is on your property


3) Shooting “stray” Dogs and Cats (Penal Code 42.09 Animal Cruelty). Any person who shoots a non-livestock animal, which includes any stray or feral cat or dog, and a wild living creature previously captured, can be charged with a felony offense. Penal Code 42.092 of the State of Texas law states that a person must have the owner’s consent to kill the animal (exceptions to prosecution are provided in Section 42.092(e)(1)). It is clear that a “stray” dog or cat either has no owner or that the person who shoots the animal did not get the owner’s consent.

http://www.hcpawpals.org/TexasAnimalLaws.aspx" onclick="window.open(this.href);return false;
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Oldgringo
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Re: Dogs being shot

#19

Post by Oldgringo »

Look back over this thread, if you will. It seems that many are quick to cite legal verse and braggadocio stuff but no one cites simple good manners or consideration for their neighbors. What kind of people have we become?
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Re: Dogs being shot

#20

Post by C-dub »

gigag04 wrote:I'm not shooting someone over property...

I don't think a jury would buy the equation

dog life == human life
I agree that a dog's life does not equal a human's life. However, it is interesting the way our legal system treats dogs and other animals. They are treated as more than just property because one cannot be guilty of cruelty to a couch or automobile. In most cases they are treated as what they are, a life.
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Re: Dogs being shot

#21

Post by urnoodle »

Jim Beaux wrote:It's shocking the number of cruel people who go out of their way to kill a well mannered, well behaved dog for absolutely no reason....why Im shocked I say..... maybe these wanton killers should learn to be like me and enjoy the daily clean up of several large & stinking piles, embrace the joy of picking up shredded newspapers strewn across the yard, & learn to enjoy wolf howling 50' from the bedroom window....btw, before offering unsolicited advice be advised; my city puts the onus on the victims instead of the pet owners.
I must have missed the comment where someone stated that there was a shocking number of cruel people who are going out of their way to kill well mannered dogs. As I understand the thread, due to the recent news the OP simply asked would one be justified in using lethal force to protect their pet if someone chooses to harm him without provocation. If I misunderstood, please correct me.

I happen to be in a unique situation where the problem is the neighbor and not the dogs. I will not get rid of my dog to make my neighbor a more pleasant person. I respect him, his family and his property and he should do the same. I live in a nice middle class neighborhood where we all respect one another and respect each other's property. If there is a problem we will talk to each to resolve it as quickly as possible. His house is the odd one out. He and his wife not only dislike dogs, they dislike children flannel shirts, pickup trucks and people who use their garage as a shop. He puts no effort into getting to know or work with his neighbors.

I don't believe my neighbor would kill my dog. It's a hypothetical situation that wouldn't be entirely unrealistic. Its not any different than a homeowner asking what his rights are to lethal force should he arrive home during a burglary and the perpetrator has not posed a threat him or his family. Although one hopes it would never happen, one would like to be prepared if it should.
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Re: Dogs being shot

#22

Post by Oldgringo »

urnoodle wrote:......I happen to be in a unique situation where the problem is the neighbor and not the dogs. I will not get rid of my dog to make my neighbor a more pleasant person. I respect him, his family and his property and he should do the same. I live in a nice middle class neighborhood where we all respect one another and respect each other's property. If there is a problem we will talk to each to resolve it as quickly as possible. His house is the odd one out. He and his wife not only dislike dogs, they dislike children flannel shirts, pickup trucks and people who use their garage as a shop. He puts no effort into getting to know or work with his neighbors....
What's the problem? If your neighbors don't want to know their neighbors and their foibles, don't invite them to y'all's next block party. Y'all may find they're alright with one on one, or small groups, but shy away from the 'group grope posturing' type get togethers.
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Re: Dogs being shot

#23

Post by urnoodle »

Oldgringo wrote:What's the problem? If your neighbors don't want to know their neighbors and their foibles, don't invite them to y'all's next block party. Y'all may find they're alright with one on one, or small groups, but shy away from the 'group grope posturing' type get togethers.
I have no issue with anyone that prefers to keep to themselves or smaller groups. This man goes out of his way to interfere with us. He is crossing the line when he throws chemical bottles in our backyards because he doesn't like dogs. To make it clear, he has to cross an alley to throw a bottle in my yard and 4 of the 8 neighbors. As soon as I actually see him do it, I will file a complaint, however, the law is on his side. One of my neighbors has already filed a complaint (he has not denied his involvement). The LEO investigating stated to the woman that filed the complaint that she must prove his intent to poison her dog. Simply throwing a chemical bottle in one's yard does not prove intent. That burden of proof is not required if someone threw the same bottle in a backyard where a small child was playing. It would be considered child endangerment, assault or attempted murder. In that case, I doubt any prosecutor would indict the parent for the use of lethal force. My dog is my family. She has been by my side through a burglary, a bad car accident and chemotherapy. Everyone whose met her, loves her instantly. A pet's life should not be treated as having no value. Any idiot that would shoot a non-threatening pet that is lawfully restrained should be treated as a threat to the family safety.
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Re: Dogs being shot

#24

Post by Oldgringo »

urnoodle wrote:
Oldgringo wrote:What's the problem? If your neighbors don't want to know their neighbors and their foibles, don't invite them to y'all's next block party. Y'all may find they're alright with one on one, or small groups, but shy away from the 'group grope posturing' type get togethers.
I have no issue with anyone that prefers to keep to themselves or smaller groups. This man goes out of his way to interfere with us. He is crossing the line when he throws chemical bottles in our backyards because he doesn't like dogs. To make it clear, he has to cross an alley to throw a bottle in my yard and 4 of the 8 neighbors. As soon as I actually see him do it, I will file a complaint, however, the law is on his side. One of my neighbors has already filed a complaint (he has not denied his involvement). The LEO investigating stated to the woman that filed the complaint that she must prove his intent to poison her dog. Simply throwing a chemical bottle in one's yard does not prove intent. That burden of proof is not required if someone threw the same bottle in a backyard where a small child was playing. It would be considered child endangerment, assault or attempted murder. In that case, I doubt any prosecutor would indict the parent for the use of lethal force. My dog is my family. She has been by my side through a burglary, a bad car accident and chemotherapy. Everyone whose met her, loves her instantly. A pet's life should not be treated as having no value. Any idiot that would shoot a non-threatening pet that is lawfully restrained should be treated as a threat to the family safety.
Our pets are our family, too. Now then, back to your neighbor, throwing trash in your yard is trespassing. File a written complaint at the police station.
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Re: Dogs being shot

#25

Post by urnoodle »

I intend to file a complaint but I cannot file one until someone actually sees him do it. It's my word against his. Although he doesn't deny it, he does not admit it either.
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Re: Dogs being shot

#26

Post by E.Marquez »

urnoodle wrote:I intend to file a complaint but I cannot file one until someone actually sees him do it. It's my word against his. Although he doesn't deny it, he does not admit it either.
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Re: Dogs being shot

#27

Post by RPBrown »

C-dub wrote:Do not let your dogs off leash off of your property or when not in a fenced yard. I do not and expect others to not do this either. My dogs are not dangerous unless they or I am attacked. If someone is dumb enough to attack or kick my dog I will be the least of their problems. My dog will respond much quicker than I could.
I also agree with C-dub on this. I have 3 dogs, a 3 legged pit bull, a golden, and a 15lb heinz 57. All of which are kept in the house, back yard or on a leash. All except the small one (she is new to the family) will not go into the small entry way when someone is at the door. They will wait on the carpet in the living room (8' away from the door) and watch.
A few months ago we had a salesman ring the doorbell, I went to the door and as always, left the storm door closed between us. as we are talking, this guy reaches and opens the storm door. Before I could say anything, both of the big dogs were between me and the door, still inside the house and not attacking but showing teeth and growling. This nut starts to pull out a can of mace to spray them with. Iquickly explained the consequences he would face if he did this and he closed the door and put the mace away. He them told me that I should keep my dogs under control. I laughed and told him he should quit trying to break into other peoples housed or entering without being asked. He said I would have to prove it and he was going to take me to court. I then said no problem and pointed to the video camera I have on my porch. Haven't heard from him since.
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Re: Dogs being shot

#28

Post by Jim Beaux »

urnoodle wrote:
Jim Beaux wrote:It's shocking the number of cruel people who go out of their way to kill a well mannered, well behaved dog for absolutely no reason....why Im shocked I say..... maybe these wanton killers should learn to be like me and enjoy the daily clean up of several large & stinking piles, embrace the joy of picking up shredded newspapers strewn across the yard, & learn to enjoy wolf howling 50' from the bedroom window....btw, before offering unsolicited advice be advised; my city puts the onus on the victims instead of the pet owners.
I must have missed the comment where someone stated that there was a shocking number of cruel people who are going out of their way to kill well mannered dogs. As I understand the thread, due to the recent news the OP simply asked would one be justified in using lethal force to protect their pet if someone chooses to harm him without provocation. If I misunderstood, please correct me.
There are no rules stating that one must always respond to the OP, or that one cannot comment on the implications being advanced in the thread. Take your comment for instance, no where did the OP bring up the issue of dog haters disliking flannel shirts... :smilelol5:
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Re: Dogs being shot

#29

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tacticool wrote:There have been a lot of dogs shot at their homes recently. It's getting to the point where the right response may be shoot, shovel, and shut up. Morally, it makes no difference if the puppy killer wears a uniform, a hoodie, or a CHL tiara.
Really? No extenuating circumstances considered? :???:
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Re: Dogs being shot

#30

Post by anygunanywhere »

barstoolguru wrote:YOU CAN NOT SHOOT STRAY ANIMALS IN THE STATE OF TEXAS. You have the right to defend yourself but you just can't shoot someone's dog because it is on your property


3) Shooting “stray” Dogs and Cats (Penal Code 42.09 Animal Cruelty). Any person who shoots a non-livestock animal, which includes any stray or feral cat or dog, and a wild living creature previously captured, can be charged with a felony offense. Penal Code 42.092 of the State of Texas law states that a person must have the owner’s consent to kill the animal (exceptions to prosecution are provided in Section 42.092(e)(1)). It is clear that a “stray” dog or cat either has no owner or that the person who shoots the animal did not get the owner’s consent.

http://www.hcpawpals.org/TexasAnimalLaws.aspx" onclick="window.open(this.href);return false;

(d) It is a defense to prosecution under this section that:

(1) the actor had a reasonable fear of bodily injury to the actor or to another person by a dangerous wild animal as defined by Section 822.101, Health and Safety Code; or

(2) the actor was engaged in bona fide experimentation for scientific research.

(e) It is a defense to prosecution under Subsection (b)(2) or (6) that:

(1) the animal was discovered on the person's property in the act of or after injuring or killing the person's livestock animals or damaging the person's crops and that the person killed or injured the animal at the time of this discovery; or

(2) the person killed or injured the animal within the scope of the person's employment as a public servant or in furtherance of activities or operations associated with electricity transmission or distribution, electricity generation or operations associated with the generation of electricity, or natural gas delivery.

(f) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful:

(1) form of conduct occurring solely for the purpose of or in support of:
(A) fishing, hunting, or trapping; or(B) wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law; or

(2) animal husbandry or agriculture practice involving livestock animals.

(g) This section does not create a civil cause of action for damages or enforcement of the section.

Finished it for ya.

I have shot strays on my properety. I don't like cleaning up after strays.

I have shot feral cats while hunting.

I have shot dogs running deer.

You keep your animals on your property and we will get along just fine.

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