In Part I, we saw the actions Clint took to defend his dog from being killed by the neighborhood stray. Now, in Part II you will learn if his actions followed the law. Watch Independent Program Attorney Emily Taylor teach you the law, so you will know what to do if you find yourself in a similar situation.
Welcome back to Part II of our feature on defending your pets. In Part I, our member Clint was forced to defend his dog against an attack by another bigger dog. Many of you have asked what the law says about how and when you can defend your four-legged friends. The answer will be different depending on the law in your state. That’s why we’ve asked the Independent Program Attorneys in your state to tell us more.
It’s a terrible situation to see another dog attacking your pet. But what does Texas law have to say about shooting a dog to protect your own. You have a specific statutory authorization under the Health and Safety Code to kill a dog or coyote that is attacking your domestic animals.
Texas Health and Safety Code 822.013 simply requires that the dog is attacking, is about to attack, or has just attacked your domestic animal. This same statute also allows you to kill a dog or coyote that is attacking your livestock animals or fowl.
Keep in mind this statute does not cover attacks on humans by dogs. If a dog is attacking you or another person, you have no statute to rely upon and will have to assert the defense of necessity.
For more information on when you can use force in your state, please go to GunLawSeminar.com and register to attend one of our events in your area. If you missed Part I of Clint’s story, you can click the link on your screen to see it. And as always if you are not a member we would love for you to join us at uslawshield.com.
Your Protection Starts Here!
The information provided in this presentation is intended to provide general information to individuals and is not legal advice. The information included in this publication may not be quoted or referred to in any other publication without the prior written consent of U.S. LawShield, to be given or withheld at our discretion. The information is not a substitute for, and does not replace the advice or representation of a licensed attorney. We strive to ensure the information included in this publication is accurate and current, however, no claim is made to the accuracy of the information and we are not responsible for any consequences that may result from the use of information in this publication. The use of this publication does not create an attorney-client relationship between U.S. LawShield, any independent program attorney, and any individual.
Thank You. I didn’t know this fact.
Wow. No statute to defend s human from attack, but one for dogs. I am guessing defense of necessity would apply if the dog is in the middle of maiming you or is active attacking.
I appreciate we have statutory authority to protect our animals against animal attack but why wouldn’t we have something that allows us to protect our human loved ones against attack? Is the thinking is that it is common sense that we can defend another human? Just seems ironic to have in writing the protection of an animal but not a human.
Did I hear correctly that I may shoot an animal that is about to attack or attacking my pet and am within the law yet if the same animal were appearing to attack or was attacking me I am not covered under the law and must prove “necessity?”
That’s what I heard or read as well. That shit needs to change. I’m 70’years old and if out walking to the mailbox or in the area abd a dog actually attacks or charges me, I will definitely shoot it and walk away. People come before animals!
Yeah. Thats what the man said “just a thinker. ” It also says so in the Armed and Educated book from Texas Law Shield.
I was surprised as well when I read it the first time. I can only assume it is like that so no one is automatically justified in shooting a neighbor’s annoying yappy chihuahua in the middle of the night. Otherwise, those little rat dogs would soon be on the endangered species list.
[i]Texas Health and Safety Code 822.013 simply requires that the dog is attacking, is about to attack, or has just attacked your domestic animal.[/i]
” . . . the dog is attacking. . .” and “. . . has just attacked . . .” are both pretty clear.
What is the burden of proof for the owner of the dog “about to be attacked?”