Got Attacked By Pitbull - Ohio

Was on my morning run a couple weeks ago....got attacked by a pit who broke her chain that was tied to a tree. I was able to fight off the dog until guy in car stopped and I jumped in Dukes of Hazard style. After this event I plan on OCing on my runs from now on.

I found a nice tactical holster - http://gunfightersinc.com/products/kenai-chest-holster/

Going to order the holster this week and carry my HK USP Compact in 40 cal.

Just want everyones 2 cents on whether this holster would cause me any issues in regards to open carry? Also, there is a school I sometimes run by. I run in the street or sidewalk. Are there any laws saying I can't OC when running/walking by school? I wouldn't be stepping foot on school grounds, just running past on the road or sidewalk.

Thanks for any info.

If you have a Ohio ccl then the school is not an issue. And if you don't, to be charged with the unconditional 1000 feet rule you would have to be committing a crime.

Also did you report the dog? And if you have not you need to.

Also, the holster is OK.

I'm in Wisconsin, so not Ohio, but I open carry past our local high/mid/elem school several times a week while walking my dog. I try my best to not be there during school in and out, but more because of the dog and not the firearm. My wife IS the District Administrator but...... She has never heard anything about me such as a call. The first couple times was during the summer we moved here for her job, so school not in session. Had 3 different times LE rolled past me, turned around and then paced me for a bit but never talked to me. After that I think they figured out who I was. Many people THINK I'm LE. 226 Sig on a belt slide, also most don't notice it at first, looking at the dog. German Shepherd. Just talked to the Mayor on Monday, said the local Hispanic, many illegal population is nervous about me, thinking I'm ICE or Border Patrol. They DO avoid me.

I've often considered a chest rig like that for winter over coat carry, but never bought one. I'm not a jogger, but seems like it would not work well, maybe with a smaller firearm. My guess is that would be one of the more noticeable ways to carry?

Our town has a vicious breed ban, so only three pit bulls grandfathered in. (I disapprove, I think) I walk past them in a 4 foot kennel/fence behind a house, where they bark ferociously, and waiting for the day they come over the top. Shooting a dog would generally get one in a lot of trouble, but if it was attacking you, should be good. Probably best to let it bite you first, as stupid as that sounds I know! My dog is on a 8 INCH leash and if it is attacked I will put a bullet in the head, and deal with the consequences. I've had a few dogs come out on the street, mostly no sidewalks, but they have been either friendly or not a threat. Probably bigger danger of my dog biting them.

Your results may vary. I know this is not entirely relevant to your situation, but other people are dealing with some of the same issues.

In Ohio you cannot shoot a dog or cat fighting with a dog or a cat.
You can shoot a dog/cat attacking you.

color of law said:

In Ohio you cannot shoot a dog or cat fighting with a dog or a cat.
You can shoot a dog/cat attacking you.

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I think that is the way it is most places.

I'm envisioning a pit bull clamped onto my dog's neck, and not letting go. I've thought this situation over some, let the dog loose and fend for herself, or hang on and hope for the best. I don't much care for either option.

Thanks for the answers guys...much appreciated.

Wstar425 said:

I think that is the way it is most places.

I'm envisioning a pit bull clamped onto my dog's neck, and not letting go. I've thought this situation over some, let the dog loose and fend for herself, or hang on and hope for the best. I don't much care for either option.

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Your honor, that dog attacked me first but my dog tried to intervene on my behalf. It became obvious that "Skippy" would not be able to continue, and because the other dog had already attacked me once, fearing that it would continue the attack, I defended my life from it. And that's the truth.

Pit bull Attack

Well if I am every in that situation, I am sure that the attacking dog is after me. If it gets to my dog first.. then I know my dog was trying to save me.

color of law said:

In Ohio you cannot shoot a dog or cat fighting with a dog or a cat.
You can shoot a dog/cat attacking you.

Click to expand...

Wstar425 said:

I think that is the way it is most places.

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Here in Utah, any dog "attacking, chasing, or worrying" a domestic animal with commercial value can be put injured or killed either while it is in the act, or while it is being pursued from having done so. URS 18-1-3

If a dog, off leash and outside his own yard were to attack another domestic animal that was either on-leash or in its own yard the owner of attacked animal would be fully legal to shoot the offending dog, in Utah.

Under URS 18-1-1 dog owners in Utah operate under pretty strict liability for any injuries caused by their dogs. Injured parties do not have to show the owner had any idea the dog was "vicious or mischievous".

Outside the urban areas, ranchers and farmers don't think twice about putting down a dog that is showing any interest at all in chickens, sheep, or cattle. Rural dog owners train and confine their dogs properly, or they simply don't have dogs very long.

Charles

I have found 3 separate threads on this same subject. Did you get bitten by 3 different dogs or is this of triple importance?

Nemo

utbagpiper said:

Here in Utah, any dog "attacking, chasing, or worrying" a domestic animal with commercial value can be put injured or killed either while it is in the act, or while it is being pursued from having done so. URS 18-1-3

If a dog, off leash and outside his own yard were to attack another domestic animal that was either on-leash or in its own yard the owner of attacked animal would be fully legal to shoot the offending dog, in Utah.

Under URS 18-1-1 dog owners in Utah operate under pretty strict liability for any injuries caused by their dogs. Injured parties do not have to show the owner had any idea the dog was "vicious or mischievous".

Outside the urban areas, ranchers and farmers don't think twice about putting down a dog that is showing any interest at all in chickens, sheep, or cattle. Rural dog owners train and confine their dogs properly, or they simply don't have dogs very long.

Charles

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yooo hooo Charles...

might wish to re-evaluate your discussion in your first paragraph as your great state's definition of 'domestic animal' is livestock...not domesticated animals, e.g., dogs, cats, etc. 59-2-102 (22).

just here to clear up your misrepresentations for ya Charles!

ipse

solus said:

yooo hooo Charles...

might wish to re-evaluate your discussion in your first paragraph as your great state's definition of 'domestic animal' is livestock...not domesticated animals, e.g., dogs, cats, etc. 59-2-102 (22).

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Solus,

I appreciate the heads up. There are just two problems with what you've posted.

1- is 59-2-102 before (1):

URS 59-2-102 said:

59-2-102. Definitions.
As used in this chapter and title:

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So the definitions in 59-2-102 apply only in chapter 59. They do not apply to chapter 18.

2-You've misread (22).

URS 59-2-102(22) said:

(22) "Livestock" means:
(a) a domestic animal;
(b) a fish;
(c) a fur-bearing animal;
(d) a honeybee; or
(e) poultry.

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Put simply, you got it backwards. Domestic animal is not defined as livestock. Rather (for taxation purposes), "livestock" is defined to include "domestic animals", fish, fur bearing, animals, honeybees, or poultry.

Thus, if the definition in Chapter 59 were applied to Chapter 18, "domestic animal" would be subset of livestock, not the other way around.

Reading comprehension is crucial when reading laws. My interpretation stands, yours has been demonstrated to be materially in error.

But I do always find your obsession with all things Utah to be interesting and entertaining, solus. Inexplicable, but interesting and telling. You'd do better to read for understanding, rather than pursuing your obsession to find fault with something I've posted.

Charles

thanks for clarification...

ipse

usamarshal said:

Just want everyones 2 cents on whether this holster would cause me any issues in regards to open carry?

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If OC is legal where you are, then I see no issues. It's similar to a cross-chest holster I used with the scoped Ruger .44 magnum with which I used to hunt deer back in the early 1990s. I did a lot of hiking in Washington State's northeastern forests.

Also, there is a school I sometimes run by. I run in the street or sidewalk. Are there any laws saying I can't OC when running/walking by school? I wouldn't be stepping foot on school grounds, just running past on the road or sidewalk.

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No can do. Courtesy of the blitheringly idiotic "Gun Free School Zones Act of 1990 (overturned but rewritten and shoved down our throats in 1995), OC is not legal within 1,000 feet of the closest boundary to any public K-12 school. There is, however, a provision within the act which makes it legal to CC within 1,000 feet of a public K-12 school IF your state laws allow it.

If you're in one of those states and you're legally allowed to CC, you can wear a featherweight nylon running "jacket" to cover it up and run right past that school day after day.

Please cite your source where open carry is illegal within 1000 feet of a school, per federal law.

I operate under the impression, possibly mistaken, that my state issued Conceal Carry License is my exemption from this law. It is the ONLY time I would show ID and my CCL, for being open carry, when I was within 1000 feet of a school. I see no differences made for open or concealed, only no guns.

I walk directly across the street from a school while open carry several times a week.

I would show ID if a Policeman could articulate the crime he suspects me of committing. The crime would be carrying a firearm within 1000 feet of a school. My CCL is the exemption that allows me to legally do this. I CAN NOT be ON school property. 1000 feet is about 2 1/2 blocks by my calculation.

Wstar425 said:

Please cite your source where open carry is illegal within 1000 feet of a school, per federal law.

I operate under the impression, possibly mistaken, that my state issued Conceal Carry License is my exemption from this law. It is the ONLY time I would show ID and my CCL, for being open carry, when I was within 1000 feet of a school. I see no differences made for open or concealed, only no guns.

I walk directly across the street from a school while open carry several times a week.

I would show ID if a Policeman could articulate the crime he suspects me of committing. The crime would be carrying a firearm within 1000 feet of a school. My CCL is the exemption that allows me to legally do this. I CAN NOT be ON school property. 1000 feet is about 2 1/2 blocks by my calculation.

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You are correct that your in-state issued concealed carry permit allows you to ignore the GFSZ (per 18 USC 922(q)(2)(B)ii).

For those who OC only, or do not have a permit issued by the particular state, then subparagraph iii applies: (iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle. Obviously, we can figure this gets violated daily.

So, OC or CC is okay with a CC permit; without the permit, no CC or OC.

since9 said:

If OC is legal where you are, then I see no issues. It's similar to a cross-chest holster I used with the scoped Ruger .44 magnum with which I used to hunt deer back in the early 1990s. I did a lot of hiking in Washington State's northeastern forests.



No can do. Courtesy of the blitheringly idiotic "Gun Free School Zones Act of 1990 (overturned but rewritten and shoved down our throats in 1995), OC is not legal within 1,000 feet of the closest boundary to any public K-12 school. There is, however, a provision within the act which makes it legal to CC within 1,000 feet of a public K-12 school IF your state laws allow it.

If you're in one of those states and you're legally allowed to CC, you can wear a featherweight nylon running "jacket" to cover it up and run right past that school day after day.

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Generally, PROVIDED there is NO mandate against OC, all one needs to legally OC past a school as specified in the federal GFSZ law is a licence/permit to carry and / or conceal a handgun issued by the state in which the school is located.

There is NO federal mandate that the firearm be concealed that I am aware of.

Wstar425 said:

Please cite your source where open carry is illegal within 1000 feet of a school, per federal law.

I operate under the impression, possibly mistaken, that my state issued Conceal Carry License is my exemption from this law. It is the ONLY time I would show ID and my CCL, for being open carry, when I was within 1000 feet of a school. I see no differences made for open or concealed, only no guns.

I walk directly across the street from a school while open carry several times a week.

I would show ID if a Policeman could articulate the crime he suspects me of committing. The crime would be carrying a firearm within 1000 feet of a school. My CCL is the exemption that allows me to legally do this. I CAN NOT be ON school property. 1000 feet is about 2 1/2 blocks by my calculation.

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Are you suggesting that the act of OC'ing in that so called GRSZ is RAS that one has not been issued a permit?:shocker:

JoeSparky said:

Are you suggesting that the act of OC'ing in that so called GRSZ is RAS that one has not been issued a permit?:shocker:

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No, I am not suggesting that at all. Please feel free to explain how you came to that conclusion tho.

JoeSparky said:

Generally, PROVIDED there is NO mandate against OC, all one needs to legally OC past a school as specified in the federal GFSZ law is a licence/permit to carry and / or conceal a handgun issued by the state in which the school is located.

There is NO federal mandate that the firearm be concealed that I am aware of.

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And so a LEO stops to talk to you while open carrying a handgun across the street from a school. Has suspicion of you carrying a firearm in a GFSZ. Does he need RAS you don't have a permit/license, or only RAS that you have a firearm in a GFSZ?

Your move.

I actually do this. I suspect it is rather rare, but by no means do I think I am the only one. This was discussed a while back, seems like people came down on two sides of the question, and I didn't come away with anything that convinced me to change my plan in the future. I've had multiple police pass me strong side, 8' away on the street in front of a school. I've had conversations with police a block or two away from the school. Never a mention of a firearm. Granted, I'm in a small town and they probably all know of me, so other's results may vary. IF and that's a big IF, a LEO stops me while OC within 1000 feet of a school and says he suspects me of committing the crime of carrying a firearm in a GFSZ, I will show my CCL. Anywhere else, what crime do you suspect me of? Do as you wish. Part of my reasoning here is that I do not wish to jeopardize my wife's well paying job.