Legislative Protection for Shooting Snakes In Public

[AlaskanInTexas]

It is a misdemeanor to shoot a firearm in a public place (except gun ranges) - Penal Code 42.01(a)(7).

There is an exception if the shooter "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."

Section 822.101 lists the following as dangerous animals: lion, tiger, ocelot, cougar, leopard, cheetah, jaguar, bobcat, lynx, serval, caracal, hyena, bear, coyote, jackal, baboon, chimpanzee, orangutan, gorilla, or any hybrid of the foregoing.

Noticeably missing from the list is venomous snakes. I know we have some ophiophilists among us who don't think this will ever be necessary, but I would sure support some legislation this next session that would protect me from prosecution should I find myself in a situation where I need to dispatch a venomous snake in a public place. I think that is a much more likely scenario than encountering a gorilla or tiger.

[misterlarry]

What about aggressive dogs? Is there protection if you're attacked by a dog and you shoot it?

[jbarn]

It is a misdemeanor to shoot a firearm in a public place (except gun ranges) - Penal Code 42.01(a)(7).

There is an exception if the shooter "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."

Section 822.101 lists the following as dangerous animals: lion, tiger, ocelot, cougar, leopard, cheetah, jaguar, bobcat, lynx, serval, caracal, hyena, bear, coyote, jackal, baboon, chimpanzee, orangutan, gorilla, or any hybrid of the foregoing.

Noticeably missing from the list is venomous snakes. I know we have some ophiophilists among us who don't think this will ever be necessary, but I would sure support some legislation this next session that would protect me from prosecution should I find myself in a situation where I need to dispatch a venomous snake in a public place. I think that is a much more likely scenario than encountering a gorilla or tiger.

Notice that protecting yourself against someone trying to beat you with a pipe is not covered there either. Penal Code chapter 9 provides defenses to many types of conduct that the code describes as unlawful.

For dogs, it certainly does if the attack of the dog is imminent.

Texas Penal Code
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.

For snakes, maybe not. The belief that shooting the snake was immediately necessary and to avoid imminent harm would have to be established. Generally snakes leave people alone. When I was a first aid instructor I learned that the majority if people bitten were somehow messing with the snake when bit. Many of those intoxicated (go figure)

Since the law you reference list public place, I am wondering what type of public place you imagine you would need to shoot a snake?

[Oldgringo]

What about a chupacabra? Are they protected or what?

[AlaskanInTexas]

Since the law you reference list public place, I am wondering what type of public place you imagine you would need to shoot a snake?

I don't know - probably the same public places where I would have to shoot a lion or tiger?

[jbarn]

Since the law you reference list public place, I am wondering what type of public place you imagine you would need to shoot a snake?

I don't know - probably the same public places where I would have to shoot a lion or tiger?

For example? This concerns you enough that you desire legislation, so do you have a general idea where this could be an issue?


If a lion escapes from a zoo, that would be an immediate danger to life, wouldn't you agree? It is also a large target, and the risk of missed shots is mitigated by those two facts, at least a little.

A snake slithering along down the sidewalk wants to avoid you. Unless you step right on it or otherwise jack with it, it is highly unlikely to strike you. Even then, with antivenom it is highly unlikely to be deadly. The risk of a missed shot injuring someone in a public place is a huge issue.

Remember, we are talking about a public place, not your yard, garden or otherwise.

[SewTexas]

Since the law you reference list public place, I am wondering what type of public place you imagine you would need to shoot a snake?

I don't know - probably the same public places where I would have to shoot a lion or tiger?

For example? This concerns you enough that you desire legislation, so do you have a general idea where this could be an issue?


If a lion escapes from a zoo, that would be an immediate danger to life, wouldn't you agree? It is also a large target, and the risk of missed shots is mitigated by those two facts, at least a little.

A snake slithering along down the sidewalk wants to avoid you. Unless you step right on it or otherwise jack with it, it is highly unlikely to strike you. Even then, with antivenom it is highly unlikely to be deadly. The risk of a missed shot injuring someone in a public place is a huge issue.

Remember, we are talking about a public place, not your yard, garden or otherwise.

OK, BUT, it was pointed out in another thread that firing a gun in town is illegal. so I think what he's getting at is that such leg. would be a protection for that (at least that's my assumption)? Sure firing the gun in town, on your own property, to kill said snake, in order to protect your ankle biter dog, or your 2 year old, is understandable and defensible, but seems like it should be legal.

[jbarn]

Since the law you reference list public place, I am wondering what type of public place you imagine you would need to shoot a snake?

I don't know - probably the same public places where I would have to shoot a lion or tiger?

For example? This concerns you enough that you desire legislation, so do you have a general idea where this could be an issue?


If a lion escapes from a zoo, that would be an immediate danger to life, wouldn't you agree? It is also a large target, and the risk of missed shots is mitigated by those two facts, at least a little.

A snake slithering along down the sidewalk wants to avoid you. Unless you step right on it or otherwise jack with it, it is highly unlikely to strike you. Even then, with antivenom it is highly unlikely to be deadly. The risk of a missed shot injuring someone in a public place is a huge issue.

Remember, we are talking about a public place, not your yard, garden or otherwise.

OK, BUT, it was pointed out in another thread that firing a gun in town is illegal. so I think what he's getting at is that such leg. would be a protection for that (at least that's my assumption)? Sure firing the gun in town, on your own property, to kill said snake, in order to protect your ankle biter dog, or your 2 year old, is understandable and defensible, but seems like it should be legal.

The law quoted in the OP could not be used to prosecute for firing on your own property, unless such property is open to the public.

[Jaguar]

Serval is on the list as well its hybrids. I would like to have a Savannah, a hybrid of Serval and domestic cat. Seems they are good domestic cats, although larger than your typical house cat. After paying hundredds, if not thousands, for one, I would be upset were someone to shoot it.

[Abraham]

The only time I had a venomous snake come at me was last Spring. All the others were simply sunning or traveling through.

I was cleaning up some limb litter before mowing.

With peripheral vision I noticed a Coral snake making a bee-line for me with about 3 ft. to spare before we collided. I don't know if it was curious or simply not paying attention to where it was going. I quickly back up and it stopped.

Coral snakes are beautiful - I hate to destroy them. So, I took one of the limb litter sticks and persistently knocked the ground behind him to encourage him to leave my yard, which he did. These little guys aren't aggressive.

This was the fourth one in my yard over the years I've lived here.

I've also had 5/6 Cottonmouths in my yard. These snakes kinda scare me, but I use the same method to get them to leave too - with the exception that I use a long handle shovel rather than a stick.

[AlaskanInTexas]

Since the law you reference list public place, I am wondering what type of public place you imagine you would need to shoot a snake?

I don't know - probably the same public places where I would have to shoot a lion or tiger?

For example? This concerns you enough that you desire legislation, so do you have a general idea where this could be an issue?

A park? Warming itself under my car? Blocking my path with no other course of retreat? I don't have a specific place envisioned.

A snake slithering along down the sidewalk wants to avoid you. Unless you step right on it or otherwise jack with it, it is highly unlikely to strike you. Even then, with antivenom it is highly unlikely to be deadly. The risk of a missed shot injuring someone in a public place is a huge issue.

I agree that a venomous snake would probably avoid you; I don't see a need to shoot one just out for a casual slither (though it is toast if it tries to take up residence in the yard where my little kids play), and that would probably be illegal even if snakes were on the list. As to whether they are deadly, the law requires you to have a "reasonable fear of bodily injury" before you can shoot. I think being bitten by a snake, deadly or not, qualifies as bodily injury. Also, it would be a lot easier to get the proper anti-venom for you or the bitten person, if you could kill the snake for identification.

[AlaskanInTexas]

OK, BUT, it was pointed out in another thread that firing a gun in town is illegal. so I think what he's getting at is that such leg. would be a protection for that (at least that's my assumption)? Sure firing the gun in town, on your own property, to kill said snake, in order to protect your ankle biter dog, or your 2 year old, is understandable and defensible, but seems like it should be legal.

One bit of clarification, the law I cited only protects from bodily injury to a person.

[AlaskanInTexas]

Serval is on the list as well its hybrids. I would like to have a Savannah, a hybrid of Serval and domestic cat. Seems they are good domestic cats, although larger than your typical house cat. After paying hundredds, if not thousands, for one, I would be upset were someone to shoot it.

[ Image ]

Nice cat. I can't imagine being afraid of bodily injury from one of those hybrids.

[WildBill]

Section 822.101 lists the following as dangerous animals: lion, tiger, ocelot, cougar, leopard, cheetah, jaguar, bobcat, lynx, serval, caracal, hyena, bear, coyote, jackal, baboon, chimpanzee, orangutan, gorilla, or any hybrid of the foregoing.

Noticeably missing from the list is venomous snakes. I know we have some ophiophilists among us who don't think this will ever be necessary, but I would sure support some legislation this next session that would protect me from prosecution should I find myself in a situation where I need to dispatch a venomous snake in a public place. I think that is a much more likely scenario than encountering a gorilla or tiger.

All of the listed animals are mammals.

[gthaustex]

What about a chupacabra? Are they protected or what?

Only in Mexico.....