I know my blog-partner Charlie Foxtrot keeps German Shepard Dogs, and my family will likely also adopt a dog (probably a GSD as well) by the end of the year. As such, I would really like to get a legal opinion on this.[L]et’s say you’re out walking your dog. Someone shouts "if you bring that pit bull* near me I’m going to stab it." You, being a smart person, move in the opposite direction of the shouter. Then you come round a corner, and there he is. He attacks your dog with a knife, stabbing it.... Could you in that situation reasonably articulate that you were in fear for your life?
Source: Gun Nuts Media
Any attorneys in the audience, please sound off in the comments (non-attorneys are welcome to chime in, too). As a disclaimer: I'm only asking for an off-the-cuff opinion, not "legal advice"; I promise I won't hold you to it.
(Hat tip: Sebastian at Shall Not Be Questioned)
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* - As an aside, this isn't just about pit bulls; you'd be surprised how many normal people wouldn't recognize a pit bull breed if it bit them on the @$$, literally.**
** - On that note, would it be fair to say that pit bulls are the "assault weapons" of the dog world? I mean, why does anybody need such a "dangerous" dog breed, with "no legitimate companionship purpose"? Just sayin'.
I'm not a lawyer - as I retain some semblance of humanity. But....
ReplyDelete1) When seriously attacked by four footed or two footed animals, be prepared to slip your dog's leash so they can defend themselves.
2) I ALWAYS walk the dogs carrying police strength pepper spray. I've used it - when we were attacked by a pit bull. Between the pepper spray and my size 12 brogans, we survived relatively unharmed. However, pepper spray is not absolutely effective. I hit the PB full in the eyes; it only slowed -- but did not stop the bastard. That being said - a blind PB is a LOT easier to kick in the head.
I also always carry an one hand opening knife. (Know your state/city's laws.) A British parson gutted a PB that was killing his dog. It being Where Great Britain Used To Be, he was put on trial but found innocent.
BTW: the dufus owner was not happy I kicked his dog - I thought I might have to spray him too. I did call the cops soonest (not interested) and made a formal report to Animal Control. In Cali, pepper spray is a weapon. Discharging a weapon in city limits is a Sphincter 3 event.
3) An animal, even furkids, are lesser than any human life. Fact.
4) I would think that if a maniac is using a deadly weapon to attack my leashed dog, he is indeed a deadly threat to myself. Given his blood lust, actions, weapon, proximity, and immediate threat as shown by Tueller, he can scarcely be anything but a deadly threat. There is NO guarantee that the assault will end with the dog -- and a lot of reason to expect that it will not. All the usual requirements for self defense would be in force: Opportunity, Intent, Ability, Proportionate Response, etc...
Training, such as Massad Ayoob's MAG classes, are ESSENTIAL for addressing self-defense situations.
YMMV, don't try this at home, some parts are edible, it's worth every penny you paid...
I hadn't thought of #1, but it seems reasonable.
Delete#3 is sad but true; in the eyes of (most) law a dog is "property", not a person. If the hypothetical attacker were to stab the dog and then back off or run, there'd be little you could legally do in response, other than call 9-1-1 to report felony animal abuse.
#2 and #4 were big in my mind as I was writing this, even down to the Tueller reference and the Ability-Opportunity-Jeopardy calculation, but I omitted it because I wanted to keep this post somewhat less-than-rant-length. I'm glad to know that I'm not the only one who analyzes these things!