TexasCHLforum.com

smoothoperator wrote:

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.

Taggart wrote:

Lupine wrote:Only time I would have a second thought about shooting a dog would be if I was on it's property.

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

Mel wrote:

smoothoperator wrote:

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.

But, most "Popeye's" post 30.06 signs! Does this affect your answer?

speedsix wrote:

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...

Jumping Frog wrote:

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.

StuffandThings wrote: Is there a statue that deals with Dogs That Attack People?

speedsix wrote:

Jumping Frog wrote:

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.

...JF referred to this in his first post...posted the text of the law on page 2...as I said before, you don't get a guarantee, but if you can meet (1), (2), and (3)...then the law says you're justified... you're not going to find a law that just says what you want it to say...but this one should cover you...