TexasCHLforum.com

Taggart wrote:I don't believe dogs are eligible to own property in Texas.

My cat will be glad to rear this.

Actually I was a teacher for 12 years. Let me ask this another way... Under Texas law, are yo u legally justified in shooting a dog that is attacking your dog, in an urban area, if you have a CHL?

Yes. Jumping Frog quoted the relevant statute in Post #4. Having a CHL doesn't make any difference; Texas CHL-specific laws regarding deadly force apply to humans.

http://www.txdps.state.tx.us/internetfo ... CHL-16.pdf" onclick="window.open(this.href);return false;

JCole wrote:Yes. Jumping Frog quoted the relevant statute in Post #4. Having a CHL doesn't make any difference; Texas CHL-specific laws regarding deadly force apply to humans.

http://www.txdps.state.tx.us/internetfo ... CHL-16.pdf" onclick="window.open(this.href);return false;

Actually, there aren't CHL-specific laws regarding deadly force. Though PC ch 9 is in the CHL-16, it is not CHL-specific. The justifications for deadly force apply to everyone.

Good point; poor choice of wording on my part...

As best I understand it, deadly force statutes apply to humans. As was stated before, dogs are chattel. I would be more concerned with the owner after the shooting.

Ruark wrote:Actually I was a teacher for 12 years. Let me ask this another way... Under Texas law, are yo u legally justified in shooting a dog that is attacking your dog, in an urban area, if you have a CHL?

Well, I already quoted you the statute that says you are allowed to shoot an attacking dog. In that post, I also said you would use a necessity defense to address discharging a firearm in city limits.

Since you are still asking about "legally justified", here is what I meant by the "necessity defense":

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.

I posted my feeling about dogs showing aggressive behavior in another thread. Based on a recent encounter I have zero tolerance for any animal 'threatening' my well being. I am an animal lover and recently adopted an abandoned puppy.

If a person was standing in front of me with a deadly weapon and threatening to attack me, would I be justified in defending my life? Am I required to discern if they are only trying to scare me and may not really mean what they are demonstrating? Am I required to retreat, if I am at a location that I am legally allowed to be? Why is it different, if an animal is brandishing a lethal weapon (teeth) and showing signs of attacking (threatening) me? What if it is a coyote or wolf (members of the same species--canine)?

I value life of humans and animals alike. I value the life of my family and myself more than any that is threatening to to us harm.

The original question has been asked before but I'm not sure I've ever seen it answered in terms of anyone pointing out the law allowing it. I've often wondered the same thing.

You can shoot a dog attacking livestock or fowl. Check.
You can shoot a dangerous wild animal defined by Section 822.101, Health and Safety Code. Check.
I completely agree with anyone who says common sense says I will shoot first to protect myself and my family against an attacking Pit Bull and ask questions later. Check.

Still, I'd like to know if I'm going to jail for doing so. Dogs may be chattel but let's be honest there are cruelty laws on the books so you can't go around killing said chattel whenever you feel like it. So back to the original question, is there a Texas law that addresses attacking dogs? I remember my CHL class saying this was acceptable. Great, but where is the law? Or is there one?

my father just sprays them with mace. it works quite well. though i would shoot one attacking me only if i thought it really was going to bite me.

Ruark wrote:Actually I was a teacher for 12 years. Let me ask this another way... Under Texas law, are yo u legally justified in shooting a dog that is attacking your dog, in an urban area, if you have a CHL?

...if you don't like or understand the answer given you by Jumping Frog...there is no other answer...it's clear enough,if you stay focused on it...he quoted the law...

StuffandThings wrote:The original question has been asked before but I'm not sure I've ever seen it answered in terms of anyone pointing out the law allowing it. I've often wondered the same thing.

You can shoot a dog attacking livestock or fowl. Check.
You can shoot a dangerous wild animal defined by Section 822.101, Health and Safety Code. Check.
I completely agree with anyone who says common sense says I will shoot first to protect myself and my family against an attacking Pit Bull and ask questions later. Check.

Still, I'd like to know if I'm going to jail for doing so. Dogs may be chattel but let's be honest there are cruelty laws on the books so you can't go around killing said chattel whenever you feel like it. So back to the original question, is there a Texas law that addresses attacking dogs? I remember my CHL class saying this was acceptable. Great, but where is the law? Or is there one?

...please re-read the post made by Jumping Frog...he both linked and quoted the law that answered the OP's question and yours...

...that law does not specify livestock or fowl...read it again...it specifies "livestock, domestic animals, or fowl"...the words you skipped over answer your question...every word in law is important...(and dogs and cats are domestic animals)

...the necessity law JF later quoted SHOULD keep you out of trouble if you're in the city when you have to shoot...or at least aid you in your defense...there is no guarantee how your case would be decided...

StuffandThings wrote:So back to the original question, is there a Texas law that addresses attacking dogs? I remember my CHL class saying this was acceptable. Great, but where is the law? Or is there one?

There are many. It depends who or what they're attacking and where they are. If your dog is attacking a burglar in your home, the burglar isn't justified in shooting your dog. If your dog is attacking Popeye's chickens in Popeye's back yard, he is justified in shooting your dog.

...oh, great...now I'm hungry...

Ameer wrote:Dogs aren't eligible for a Texas CHL. http://bit.ly/wtzm4m" onclick="window.open(this.href);return false;

First thought through my mind as well.