FOSJosh
New member
Where does the law stand on someone who is carrying and gets attacked by a dog inside city limits? Are you allowed to shoot the dog?
-
We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
-
If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
-
Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.
Question about dog attack.
- Thread starter FOSJosh
- Start date
http://library.municode.com/index.aspx?clientId=11385
Presuming you qualify for the exemption note above you should not run afoul of this law.
FYI - MuniCode is a wonderful resource. You might put in in your bookmarks.
stay safe.
State law reference— Criminal damage to property, KRS ch. 512.Sec. 17-3. - Discharging weapons, throwing objects, etc.
(a)
It shall be unlawful for any person to shoot, throw or discharge any gun, pistol, rifle, missile, arrow, bullet or other object in such a manner as to endanger life, limb or property in the city.
(b)
It shall be unlawful for any person to permit a violation of subsection (a) to occur on any premises under his control.
(c)
The provisions of subsection (a) shall not apply to:
(1)
Members of the armed forces of the United States or the National Guard while they are engaged in the performance of their official duties.
(2)
Law enforcement officers while they are engaged in the performance of their official duties as such.
(3)
Persons while they are exercising their legal rights of self-defense, defense of property or defense of others. [emphasis added]
(4)
Any person who lawfully discharges a firearm within an indoor weapons training and recreational facility that meets generally accepted industry design, construction and operation standards and complies with all applicable federal, state and local laws and regulations.
(Code 1955, § 13-51.1; Ord. No. 61-2002, § 1, 10-15-2002)
Presuming you qualify for the exemption note above you should not run afoul of this law.
FYI - MuniCode is a wonderful resource. You might put in in your bookmarks.
stay safe.
Comm
Regular Member
I asked this same question a long time ago, and got several different answers. Most said to use pepper spray, and a few said it was ok to use your gun.. only if the dog attacked you or the someone else. But what if the dog has your gun hand in his mouth??
MKEgal
Regular Member
1) Real quick, learn how to draw off-hand?
2) Draw your backup SD tool?
3) If the dog actually has your hand in his mouth, shove your fingers/hand down his throat & choke him; he's expecting you to try to pull away, not attack, & wants to be able to breathe
4) Same as dealing with a human predator: kick/knee his belly & groin (repeatedly), put a thumb in his eyes (repeatedly), hit his nose (repeatedly), maybe try kicking sideways through a leg joint (easier on a human)
[On a human I'd also say punch the throat, but it's harder on a dog.]
Last edited:
mwaterous
Regular Member
I'd be very very careful, just for the simple fact that a lot of dogs may seem aggressive but are really just warning you that they're scared. If the dog is frothing at the mouth, snapping and lunging at you, then by all means... if it's running after you and barking, turn around, don't make eye contact but set your shoulders and stand your ground. Chances are the dog will maintain its distance. Please do everything possible to avoid shooting someones pet. While it's the owners responsibility to keep them in their yard, or on a leash, accidents happen and shooting a dog or any animal really ought to be given the same consideration as shooting a person, imho.
davidmcbeth
Banned
Best be safe...
http://www.youtube.com/watch?v=lzzZEuKHhBI
Dogs are not people, they are just property ... but anytime you discharge a firearm expect the evil eye to be upon you .. if cops show up say nothing...leave your story to the jury (they are going to arrest you anyway)
http://www.youtube.com/watch?v=lzzZEuKHhBI
Dogs are not people, they are just property ... but anytime you discharge a firearm expect the evil eye to be upon you .. if cops show up say nothing...leave your story to the jury (they are going to arrest you anyway)
OC for ME
Regular Member
If it one of these 
I'd think twice, maybe even thrice about bustin a cap.
On the other hand, if it is one of these
I'd be bustin a couple of caps.
Cops, on the other other hand, make no distinction between the two.
I'd think twice, maybe even thrice about bustin a cap.On the other hand, if it is one of these
I'd be bustin a couple of caps.Cops, on the other other hand, make no distinction between the two.
twoskinsonemanns
Regular Member
?? Is this just a comment about the shooting of a gun, or is this animals-are-the-same-as-people stuff?
davidmcbeth
Banned
Or is this that some people are the same as dogs .... I'm getting dizzy ...
flb_78
Regular Member
If it's a big dog bites, the dog is getting shot. If it's a little dog and it bites, it'll probably get smooshed under my boot or I can do like a co-worker did when someone's little yappy dog bit his kid. He picked the dog up and snapped it's neck.
Yes it's legal to defend yourself and others from dog attacks.
As for the previous comment of "you're going to be arrested anyway", nope, this is Kentucky. Some things just deserve to be shot.
Yes it's legal to defend yourself and others from dog attacks.
As for the previous comment of "you're going to be arrested anyway", nope, this is Kentucky. Some things just deserve to be shot.
self preservation
Regular Member
The most important question........is the dog armed??? But seriously, read "KRS 525.130 Cruelty to animals in the second degree -- Exemptions" for a better legal answer...And I believe that this would over ride any city laws in regards to the discharge of a firearm.
09jisaac
Regular Member
I agree. I don't feel that I have a problem taking a life (of anything), but I want a damn good reason to.
There has been many nuisance dogs around that I would have loved to shoot, but I solved the problem a more humane way. I have only shot one dog, and it had the fear of God of me. It ran my girlfriend back in the house twice though, and no one should have to fear going out in their yard. So taken that into consideration, and that there is a two year old around here every now and then, I shot it. I caught it in the yard one morning, when nobody was around and I had a clean shot and I killed it.
I didn't like it, but I lost no sleep to it.
The real question that should be asked though, when should you draw on an aggressive dog? Like was said, most are just telling you to stay away and will not bite. But most do get close enough before they stop to be considered a threat.
KYGlockster
Activist Member
If you fear that the dog is going to harm you or another then yes you are able to defend yourself. This just happened here in Ashland when a man killed his neighbors dog because it was on his property and had acted agressive to his children before. There were no charges filed because the dog was on his property, and he believed the dog was dangerous. If an animal is endangering your domesticated animals you can also use lethal force against the attacking animals.
flb_78
Regular Member
Are you suggesting that we carry a "throw down gun" in case a dog attacks us? After the dog is shot, toss the gun on the dog and say "I feared for my life"?
KYGlockster
Activist Member
Here you go:
258.235 Authority to kill or seize dog -- Return by court to owner of vicious dog -- Liability for damage -- Proceeding by person attacked by dog -- Disposition of dog after seizure -- Powers of animal control officer -- Vicious dog not to run at large.
(1) Any person, without liability, may kill or seize any dog which is observed attacking any person.
(2) Any livestock owner or his agent, without liability, may kill any dog trespassing on that owner's property and observed in the act of pursuing or wounding his livestock.
Should add this: Definition of "attack."
(6) "Attack" means a dog's attempt to bite or successful bite of a human being. This definition shall not apply to a dog's attack of a person who has illegally entered or is trespassing on the dog owner's property in violation of KRS 511.060, 511.070, 511.080, or 511.090;
Definition of "livestock.":
(15) "Livestock" means poultry; ratites; and cervine, bovine, ovine, porcine, caprine, or equine animals that are privately owned and raised in a confined area for breeding stock, food, fiber, or other products;
258.235 Authority to kill or seize dog -- Return by court to owner of vicious dog -- Liability for damage -- Proceeding by person attacked by dog -- Disposition of dog after seizure -- Powers of animal control officer -- Vicious dog not to run at large.
(1) Any person, without liability, may kill or seize any dog which is observed attacking any person.
(2) Any livestock owner or his agent, without liability, may kill any dog trespassing on that owner's property and observed in the act of pursuing or wounding his livestock.
Should add this: Definition of "attack."
(6) "Attack" means a dog's attempt to bite or successful bite of a human being. This definition shall not apply to a dog's attack of a person who has illegally entered or is trespassing on the dog owner's property in violation of KRS 511.060, 511.070, 511.080, or 511.090;
Definition of "livestock.":
(15) "Livestock" means poultry; ratites; and cervine, bovine, ovine, porcine, caprine, or equine animals that are privately owned and raised in a confined area for breeding stock, food, fiber, or other products;
Last edited:
OC for ME
Regular Member
What about cats? Why single out dogs? Cats are nasty critters.
Cats are generally not regulated because politicians are afraid to anger the cat ladies via enacting a license law or a spay/neuter law or a maximum number allowed law. That being the case, cats are not "property" under the law and therefore there is no penalty under civil law for destroying them. OTOH, since a dog is property there needed to be exemptions carved out for the destroying of someone else's property - or else no matter why you would be liable to pay the owner the value of the thing.
Yes, the nuances of the law are fascinating - if you don't mind having your mind cluttered up with trivia like the above.
BTW - check your state conservation laws. You might be able to get a permit to kill cats if they are preying on songbirds - especially migratory songbirds. (More trivia clutter.)
stay safe.
mwaterous
Regular Member
You don't have to be a card carrying liberal member of some fantastically pathetic and hypocritical organization such as PETA to have some concern for life. Let's not be ridiculous; if I had to choose between saving a human or a dog, as much as it would pain me to not be able to include both I would go with the human. Now that we've got that silly argument out of the way since we weren't talking about making such a choice in the first place, if I had the option to save a dogs life (with no other counterpart in question) I would not hesitate. A life is a life, and arrogance has no place in responsibility. If you think there comes a level where you don't have to give pulling the trigger the exact same consideration as any other time, then please by all means, sell your guns.
OC for ME
Regular Member
My little village makes no distinction regarding the species of nuisance animals. Nor does it differentiate between species for dangerous, vicious, or ferocious animals.....except Pit Bulls and their close cousins.
No, just trying to convince a municipal judge regarding a vicious and dangerous tabby that has been terrorizing my curtain climbers.
No, just trying to convince a municipal judge regarding a vicious and dangerous tabby that has been terrorizing my curtain climbers.
twoskinsonemanns
Regular Member
I don't blame you, you've probably been bombarded with this stuff your whole life. I would guess you have an aversion to hunting? What about killing rodents that keep eating your crops? What about squirrels that like to chew on rubber hoses on SUVs? What about rats? Roaches?
Does the lif-is-a-life drivel apply to spiders or only cute living things?