Can I shoot an animal that is a threat?

[packinmama]

Question for y'all: As a CHL holder, if I am being chased or attacked by a wild or domestic animal that has put me in fear of my life or my child's life, would I be legally justified in shooting it?

[jayinsat]

I don't know what the law says but, if the alternative is being mauled and possibly killed, I'm shooting, come what may!

[Jaguar]

Ask Governor Perry.


ETA http://www.foxnews.com/politics/2010/04 ... tened-dog/" onclick="window.open(this.href);return false;
Just in case you don't get the reference.

[gdanaher]

Yes, but carry a script to read to the TV reporters who show up later.

[kg5ie]

Question for y'all: As a CHL holder, if I am being chased or attacked by a wild or domestic animal that has put me in fear of my life or my child's life, would I be legally justified in shooting it?

46.01 Disorderly Conduct (discharging a firearm) says:

e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code.

[Jumping Frog]

Question for y'all: As a CHL holder, if I am being chased or attacked by a wild or domestic animal that has put me in fear of my life or my child's life, would I be legally justified in shooting it?

Note that you do not need to be in fear of your life or serious bodily injury. That strict standard is more applicable to a human threat.

For animals, simple reasonable fear of any injury suffices. For example, I don't reasonably think a small, yappy, aggressive dog threatens my life. However, I am also not required to "take a bite".

[hillfighter]

Question for y'all: As a CHL holder, if I am being chased or attacked by a wild or domestic animal that has put me in fear of my life or my child's life, would I be legally justified in shooting it?

Your personal fear is not important. The standard is reasonableness.

[MoJo]

In response to your question, "Can I shoot an animal that is a threat?" as my old high school English teacher would have said, "Sure you can if you have a gun but, may you? Depending on circumstances, you might be facing civil and criminal charges. As stated above, reasonableness is the criteria not fear.

A postal letter carrier in Fort Worth killed a 10 pound Yorkie by crushing the dogs head with a stone because he was "afraid" of the dog. It's going to be interesting to see how that plays out. Of course, the USPS is saying the employee was "defending" himself.

[jbarn]

Question for y'all: As a CHL holder, if I am being chased or attacked by a wild or domestic animal that has put me in fear of my life or my child's life, would I be legally justified in shooting it?

46.01 Disorderly Conduct (discharging a firearm) says:

e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code.

It is also a penal code offense to injure or kill anothers animal without their permission. 46.01 does not provide a defense to that law. However, penal code 9.22 necessity seems to cover it.

[mojo84]

Depends on what the meaning of "reasonable" is.

Also, what constitutes a "dangerous" animal? Is a Chihuahua dangerous? Will the judge and or jury agree it is?

[WildBill]

Does this apply only to wild animals? i.e. not dogs or pets?

Section 822.101, Health and Safety Code.
SUBCHAPTER E. DANGEROUS WILD ANIMALS
Sec. 822.101. DEFINITIONS. In this subchapter:

(1) "Animal registration agency" means the municipal or county animal control office with authority over the area where a dangerous wild animal is kept or a county sheriff in an area that does not have an animal control office.

(2) "Board" means the Texas Board of Health.

(3) "Commercial activity" means:

(A) an activity involving a dangerous wild animal conducted for profit that is not inherent to the animal's nature;

(B) an activity for which a fee is charged and that is entertainment using or an exhibition of the animal; or

(C) the selling, trading, bartering, or auctioning of a dangerous wild animal or a dangerous wild animal's body parts.

(4) "Dangerous wild animal" means:

(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

[jbarn]

Does this apply only to wild animals? i.e. not dogs or pets?

Section 822.101, Health and Safety Code.
SUBCHAPTER E. DANGEROUS WILD ANIMALS
Sec. 822.101. DEFINITIONS. In this subchapter:

(1) "Animal registration agency" means the municipal or county animal control office with authority over the area where a dangerous wild animal is kept or a county sheriff in an area that does not have an animal control office.

(2) "Board" means the Texas Board of Health.

(3) "Commercial activity" means:

(A) an activity involving a dangerous wild animal conducted for profit that is not inherent to the animal's nature;

(B) an activity for which a fee is charged and that is entertainment using or an exhibition of the animal; or

(C) the selling, trading, bartering, or auctioning of a dangerous wild animal or a dangerous wild animal's body parts.

(4) "Dangerous wild animal" means:

(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

That is a definition, not a law that prohibits any behavior.

[jbarn]

Texas Penal Code
Sec. 42.092. CRUELTY TO NONLIVESTOCK ANIMALS. (a) In this section:
(1) "Abandon" includes abandoning an animal in the person's custody without making reasonable arrangements for assumption of custody by another person.
(2) "Animal" means a domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured. The term does not include an uncaptured wild living creature or a livestock animal.
(3) "Cruel manner" includes a manner that causes or permits unjustified or unwarranted pain or suffering.
(4) "Custody" includes responsibility for the health, safety, and welfare of an animal subject to the person's care and control, regardless of ownership of the animal.
(5) "Depredation" has the meaning assigned by Section 71.001, Parks and Wildlife Code.
(6) "Livestock animal" has the meaning assigned by Section 42.09.
(7) "Necessary food, water, care, or shelter" includes food, water, care, or shelter provided to the extent required to maintain the animal in a state of good health.
(8) "Torture" includes any act that causes unjustifiable pain or suffering.
(b) A person commits an offense if the person intentionally, knowingly, or recklessly:
(1) tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal;
(2) without the owner's effective consent, kills, administers poison to, or causes serious bodily injury to an animal;

[sugar land dave]

I believe it depends. Here is a link to an old thread and a sample post from that thread. It can get quite challenging when animals are involved:

http://texaschlforum.com/viewtopic.php? ... lit=animal" onclick="window.open(this.href);return false;

...YES...YES...YES, and YES.... http://codes.lp.findlaw.com/txstatutes/ ... /B/822.013" onclick="window.open(this.href);return false;

• (a) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by:
  
  (1) any person witnessing the attack; or
  
  (2) the attacked animal's owner or a person acting on behalf of the owner if the owner or person has knowledge of the attack.
  
  (b) A person who kills a dog or coyote as provided by this section is not liable for damages to the owner, keeper, or person in control of the dog or coyote.
  
  (c) A person who discovers on the person's property a dog or coyote known or suspected of having killed livestock, domestic animals, or fowls may detain or impound the dog or coyote and return it to its owner or deliver the dog or coyote to the local animal control authority. The owner of the dog or coyote is liable for all costs incurred in the capture and care of the dog or coyote and all damage done by the dog or coyote.
  
  (d) The owner, keeper, or person in control of a dog or coyote that is known to have attacked livestock, domestic animals, or fowls shall control the dog or coyote in a manner approved by the local animal control authority.
  
  (e) A person is not required to acquire a hunting license under Section 42.002, Parks and Wildlife Code, to kill a dog or coyote under this section.

Interesting read. I could interpret that law as meaning that you or your friend could go hunt the dog down after the fact and kill it. That seems a little odd, but then sometimes there are odd laws. Am I misreading this?

...you're reading correctly...and in a rural setting, this might be more commonly done than in the city...in the country, it's reasonable that recently might mean tomorrow or the next day...in the city, where there were animal protection officers, I'd be more likely to call them if I located the offending dog back in his yard...if I met him again on a walk...it might be reasonable to handle it myself...it might seem UNreasonable to a judge or even jury...if he re-offended upon seeing me and my dog...or honestly seemed about to do so...the law would protect me...isn't it odd that the closer we get to civilization and society...the more complicated right and wrong become...

[mojo84]

Texas Penal Code
Sec. 42.092. CRUELTY TO NONLIVESTOCK ANIMALS. (a) In this section:
(1) "Abandon" includes abandoning an animal in the person's custody without making reasonable arrangements for assumption of custody by another person.
(2) "Animal" means a domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured. The term does not include an uncaptured wild living creature or a livestock animal.
(3) "Cruel manner" includes a manner that causes or permits unjustified or unwarranted pain or suffering.
(4) "Custody" includes responsibility for the health, safety, and welfare of an animal subject to the person's care and control, regardless of ownership of the animal.
(5) "Depredation" has the meaning assigned by Section 71.001, Parks and Wildlife Code.
(6) "Livestock animal" has the meaning assigned by Section 42.09.
(7) "Necessary food, water, care, or shelter" includes food, water, care, or shelter provided to the extent required to maintain the animal in a state of good health.
(8) "Torture" includes any act that causes unjustifiable pain or suffering.
(b) A person commits an offense if the person intentionally, knowingly, or recklessly:
(1) tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal;
(2) without the owner's effective consent, kills, administers poison to, or causes serious bodily injury to an animal;

How does shooting one in the back of the head and letting it suffer fit with the part of the law you highlited in red? Seems to me it would be against the law.