Shooting Attacking or Threatening Dogs

[Rick Cain]

Last week my mom who is 72 was walking her dog in Santa Barbara county. Out of nowhere two very big dogs charged her and attacked her dog, killing it, and biting my mom on the leg.
Thankfully a FedEx deliveryman saved my mom by beating the dogs with a package of some type.
The police came and my my is trying to file charges against the owners of the dogs.
However, my question is, can she or could she have legally shot the dogs ?

Can you shoot a dog for attacking your dog ?

Can you shoot a dog for attacking or acting in a threatening manner towards you ?

[ocspeedracer]

if it were me and i was legaly carrying, I would have shot the dogs dead after they charged mine.
Pretty sure no jury is going to convict even if the DA comes up with some BS charge.

[Shenaniguns]

Fox OC (Pepperspray) is a better option IMO which i will still carry even when I eventually CCW.

[ocspeedracer]

Fox OC (Pepperspray) is a better option IMO which i will still carry even when I eventually CCW.

Have you ever used it against a vicious animal, seen it used. I've heard some very mixed results, some were not good. By the way that stuff doesn't even work on people all the time.

If vicious dogs are out and attacking I'm shooting it until it's dead, I personally, would feel that if i didn't there's a potential for the dog(s) to recover and kill or maim someone else or a child.

Now humans, I would just shoot to stop the threat, vicious animals, shoot until it's dead.

[Shenaniguns]

Have you ever used it against a vicious animal, seen it used. I've heard some very mixed results, some were not good. By the way that stuff doesn't even work on people all the time.

If vicious dogs are out and attacking I'm shooting it until it's dead, I personally, would feel that if i didn't there's a potential for the dog(s) to recover and kill or maim someone else or a child.

Now humans, I would just shoot to stop the threat, vicious animals, shoot until it's dead.

Yes, multiple times against animals and humans and it has not failed me yet. One was even a pitbull Not all OC/Pepperspray is created equally is why I said FOX brand by name.

[bandook]

Not legal to shoot while protecting property (your dog), but legal to shoot when the dogs turn towards a human.
I do agree that a good pepper spray is a better option against dogs.

[ocspeedracer]

Not legal to shoot while protecting property (your dog), but legal to shoot when the dogs turn towards a human.
I do agree that a good pepper spray is a better option against dogs.

So by what you're saying I can protect my property by force except against an animal, can you please cite the code on that?

Moreover, even if there is such a code, I think it would be reasonable to fear for my life if my dog is being mauled, are they suddenly going to stop being crazy after my dog is dispatched, i think not.

[Shenaniguns]

So by what you're saying I can protect my property by force except against an animal, can you please cite the code on that?

Moreover, even if there is such a code, I think it would be reasonable to fear for my life if my dog is being mauled, are they suddenly going to stop being crazy after my dog is dispatched, i think not.

There's a huge thread where this was discussed a few months back, try to find it.

[Kynoch]

Yes, multiple times against animals and humans and it has not failed me yet. One was even a pitbull Not all OC/Pepperspray is created equally is why I said FOX brand by name.

Good pepper spray is amazing stuff. It will stop a dog in their tracks...

[NightOwl]

So by what you're saying I can protect my property by force except against an animal, can you please cite the code on that?

Moreover, even if there is such a code, I think it would be reasonable to fear for my life if my dog is being mauled, are they suddenly going to stop being crazy after my dog is dispatched, i think not.

What? No. I'm not sure where you got the "except against an animal" bit. If a person were to come up and start kicking your dog, or even the fender of your car, you can't shoot them, it's excessive. You're not talking about "force", you're talking about "deadly force". Dogs are not considered a person, they're considered property. Would you be allowed to use deadly force on someone kicking in your fender? No.

It's not that it's coded into law that you can't that I'm aware of. When you really get down to it, you certainly CAN, mere words on paper aren't going to stop you anyway. It's more that you're going to get crucified by a DA and end up paying a large civil suit, as well as probably face criminal proceedings for, in this case, the loss of the other persons' property (their dogs), discharge of a firearm in city limits, and a half dozen other charges that get tacked on. This means you're hiring a lawyer for criminal defense (figure a minimum of $10k for the case), as well as civil defense (different lawyer, perhaps, another $10k?). If you wish to shoot to defend your dog, just be aware that you're probably going to be leaving in handcuffs.

It is not this way in every state, but it certainly is here. Moral of the story, CA sucks.

[BigJim_610]

Not True

At most road entrances to my CA county are very large signs posted that say "animals harassing or threatening domestic animals or livestock may be shot."

Not legal to shoot while protecting property (your dog), but legal to shoot when the dogs turn towards a human.
I do agree that a good pepper spray is a better option against dogs.

[ocspeedracer]

What? No. I'm not sure where you got the "except against an animal" bit. If a person were to come up and start kicking your dog, or even the fender of your car, you can't shoot them, it's excessive. You're not talking about "force", you're talking about "deadly force". Dogs are not considered a person, they're considered property. Would you be allowed to use deadly force on someone kicking in your fender? No.

It's not that it's coded into law that you can't that I'm aware of. When you really get down to it, you certainly CAN, mere words on paper aren't going to stop you anyway. It's more that you're going to get crucified by a DA and end up paying a large civil suit, as well as probably face criminal proceedings for, in this case, the loss of the other persons' property (their dogs), discharge of a firearm in city limits, and a half dozen other charges that get tacked on. This means you're hiring a lawyer for criminal defense (figure a minimum of $10k for the case), as well as civil defense (different lawyer, perhaps, another $10k?). If you wish to shoot to defend your dog, just be aware that you're probably going to be leaving in handcuffs.
It is not this way in every state, but it certainly is here. Moral of the story, CA sucks.

Sometimes i get carried away, what can i say.
I totally didn't mean if someone is vandalizing or stealing my car I'm giong to shoot them, punch them yes, kick them yes but not with a weapon unless they have one.
I have lawsuit insurance, and personally think everyone should. Also my prepaid legal membership will get me a good lawyer without me paying a retainer.

i can deal with leaving in cuffs, though i would guess that would have more to do with jurisdiction/cop on duty.

To th OP glad your mom is okay.

[IntoForever]

Not legal to shoot while protecting property (your dog), but legal to shoot when the dogs turn towards a human.
I do agree that a good pepper spray is a better option against dogs.

As I've been informed from LEO, a retired DOJ Bureau Chief and a retired SWAT officer, this is correct as your pets are considered property and thus you cannot use deadly force. However if I stepped behind my pet so the charging dogs were coming towards me there is no way to tell what their target is. Result is two dead dogs and I'm safe with my pet benefiting from it.

[Wildeman_13]

If a groups of vicious looking dogs are headed my way, I'm not going to wait to see if they attack my dog first or me first. As far as I am concerned, at that point they are coming for me. If you let them get close enough to attack your dog first(assuming it's on a short leash here), then they are already too close to safely shoot without hitting your dog or even yourself.

[ocspeedracer]

As I've been informed from LEO, a retired DOJ Bureau Chief and a retired SWAT officer, this is correct as your pets are considered property and thus you cannot use deadly force. However if I stepped behind my pet so the charging dogs were coming towards me there is no way to tell what their target is. Result is two dead dogs and I'm safe with my pet benefiting from it.

Um...we're talking about, against dogs. If a vadelizing coyote is scratching paint on my car, I will use deadly force against it.
Seriously though, if out from the bushes they came like ninja's and attacked my dog, why would anyone reasonbly think they'd be done if i let them go and not come after me?