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NY: Man who shot Dog found Justified, most States have Similar law
Gun Watch ^ | 7 January, 2014 | Dean Weingarten

Posted on 01/09/2015 3:33:50 AM PST by marktwain


As a general rule, people have the right to protect themselves from animals that attack them. As might be expected, they have more leeway to use deadly force against animals than against other humans. Most states also allow property owners to protect their property from marauding animals, whether the animals are wild or property of another person. Damage caused by domesticated animals can be grounds for a civil suit.

This situation occurred in New York.   From thedailynewsonline.com:

ALEXANDER — The man who shot and killed his next-door-neighbor’s dog as it attacked him last week will not face any charges, according to a Genesee County Sheriff’s Office investigation of the incident.

The sheriff’s department probe determined that the neighbor did not violate any law when he shot the animal, a bullmastiff named Pepper. The neighbor had the right to shoot the canine with his .357 magnum pistol because he was on his own property when the dog attacked him, the report concluded.

“He was within his rights. The law is very clear,” said Gordon Dibble, chief deputy of the sheriff’s office.
Comment from the site:

I'm glad the other half of the story has now come out. It is clear the neighbor was fully justified in shooting the dog. Surveillance tape and another neighbor as witness confimirming the story makes this case clear and simple. To all the people commenting on this case in previous articles saying the neighbor should "go to jail" for shooting the dog and this "justice for pepper" stuff should be ashamed of themselves. Why does today's society place guilt on someone before ALL the facts are heard?? This is the equivalent of a Michael Brown case, except with a dog. I guess people in this area are not much different than those from Ferguson, MO. I expected more from WNY'ers..
Property owners are not under any obligation to care for a dog that has intruded onto their property.   In many states feral animals can be legally shot without a hunting license; they are not game animals.   Rural landowners in prime locations quickly become hardened with having to deal with unwanted pets that people from more urban areas drop off, deluding themself that the dog or cat is more likely to "find a home" than at the local shelter.

Here is another case, from the other side of the country, where a man was found to be justified when he shot a neighbor's dog:  WA: Dog Shot while Killing Chickens.

Here is one from the middle of the country, where the dog was killing rabbits: Neighbor who shot dogs was Justified.

In the first article the dog shot was a bullmastiff, a large, powerful dog which is known to take special care to prevent aggression against other people.

Bullmastiffs and Cane Corsos are breeds that make Pit Bulls look tame by comparison.  They are giant breeds, normally over a hundred pounds in adult specimens.  The neighbor who shot the dog twice with a .357 at a reported range of three feet, was recorded both on surveillance video and by an impartial witness, and was cleared as noted in the article.  In a surprising display, before any facts were known beyond that the dog's owner had not kept proper control of it, a family member associated with the dog had put up a "Justice for Pepper" facebook page, as if the owner had no responsibility for the dogs actions.


It is a common theme that I see repeatedly.   Pet owners see their animal through the lens of familial emotion.   They are blinded to the fact that dogs can and do act significantly differently to people they are not bonded to.  This natural tendency in dogs is apparently amplified by this particular breed.  From wikipedia.com:
Bullmastiffs are strong, powerful but sensitive dogs. For a bullmastiff to become a well-behaved family member, consistency is needed. Training and socialization is of high importance as the breed can be independent.[2] Dogs of this breed are natural guardians of their home and owners. No special guard training is needed for a bullmastiff to react appropriately if his family is endangered.
All dogs tend to be territorial, and need to be trained about territorial boundaries.   Fences can be a natural boundary.   I have owned dogs.  I grew up with dogs; I see myself as a dog person.   But dogs have their limitations.  They depend on people to keep them in proper bounds.   In most cases where dogs are shot, it is because their owners did not take proper precautions in their training and care.

New York law about dogs is reasonably similar to the laws of other states that I have read:
Ag & Markets Law Section 123-a states that someone on his own property who is attacked by a dog is exempt from civil liability if the animal, “without justification, attack a person, or behaves in a manner which a reasonable person would believes poses a serious and unjustified imminent threat of serious physical injury to a person, when such person is peaceably conducting himself in a place where he may lawfully be.”

Section 123-a continues that such a person, or any other individual witnessing the attack or threatened attack “may destroy such dog while so attacking, and no liability in damages or otherwise shall be incurred on account of such destruction.”
Note that the ability to defend against animal attack is extended beyond one's property to  "a place where he may lawfully be."   That section is not as common, but will likely become more so.  A Washington court has ruled that the right to self defense intrinsic in the second amendment applies to defense from animals as well as defense from humans.  


©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch


TOPICS: Government; Pets/Animals; Politics; Society
KEYWORDS: banglist; dog; magnum; ny
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To: Shimmer1
Some problems I have with this story:

The Gass family said last week that Pepper was adopted.

Problem #1: Unknown or indeterminate upbringing.

Members of the Gass family said they were not sure how Pepper became so aggressive toward the neighbor

Problem #2: The family obviously had no idea of their dog's mental state or behavior around strangers.

he neighbor, in his deposition with the sheriff’s office, stated the bullmastiff came onto his property the day before, about 4:15 p.m. on New Year’s Eve.

Problem #3: The dog was off leash, off of its home property, which indicates the owners were negligent in the proper housing of the animal.

I grew up on my aunt's 10 acre ranch, and she had no fewer than 5 dobermans at any given time. You ALWAYS knew where those dogs were on the property, and they never went beyond the fence line without a human. I watched them chase down foxes right to the property line and stop. They were raised properly and never a threat to any of my aunt's livestock or to us.

It seems to me, based on this article, that the Gass family had no idea what they got themselves into with this breed, which is typical of many dog owners. Every breed has its traits, every breed needs discipline, and every breed needs supervision. This story would be no different if the dog in question was a chihuahua or a collie or a great dane. Cesar Milan likes to say that humans are the ones who need training, and I agree with that. Dogs make great pets, but the owners need to be in tune with their dog, because it's no different than owning a gun: without proper knowledge of the functional aspects of your dog, its behavior can become erratic.

21 posted on 01/09/2015 7:11:09 AM PST by rarestia (It's time to water the Tree of Liberty.)
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To: rarestia

Ok thanks for this info. :)


22 posted on 01/09/2015 7:14:28 AM PST by Shimmer1 (Tolerance becomes a crime when applied to evil. Thomas Mann)
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To: rarestia
I've owned Cane Corso’s since 1992. They are great family dogs with just the right mix of guardian and lap dog. The one thing that worried me over the years is the popularity of the breed. Breeds get ruined when too many of the wrong kind of people try to breed large and aggressive dogs. I hope the breed survives its popularity.
23 posted on 01/09/2015 7:40:17 AM PST by peeps36 (Save The Tortoise And Kill The People)
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To: peeps36

Mastiffs, in general, are in a breed renaissance right now, esp. in the US. The problem is that unlike pits, they are very level-headed dogs. Mastiffs grow very large very quickly, and that requires a special blend of light exercise and lots of very expensive food.

One thing a lot of people don’t realize with mastiffs is that aside from their usually high purchase price (>$2,000 in most cases), they require an exceptional amount of protein-rich food during their first 2 years of life. We fed our mastiffs a blend of high protein kibble and whole poultry such as turkey and chicken. It was very expensive to raise a healthy mastiff.


24 posted on 01/09/2015 7:43:53 AM PST by rarestia (It's time to water the Tree of Liberty.)
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To: Shimmer1

Shimmer, Dindu Nuffins is not just a problem in the ghetto.


25 posted on 01/09/2015 7:44:13 AM PST by roofgoat
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To: tumblindice

>> “I can drop-kick him back across the street into his own yard?” <<

.
Felony animal cruelty!

.


26 posted on 01/09/2015 7:45:53 AM PST by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: Shimmer1

“I have to tell you, I’d be intimidated by a huge dog bounding at me, barking. If he attacked, I’d shoot. And I love dogs!”

If he attacked me or my family or my dog, I’d shoot or stab him.

I think we’ve reached a point where anyone who owns a pit bull must be required to go through training with their dog...


27 posted on 01/09/2015 8:01:33 AM PST by aMorePerfectUnion ( "I didn't leave the Central Oligarchy Party. It left me." - Ronaldus Maximus)
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To: roofgoat

laughing my head off. You’re right though!


28 posted on 01/09/2015 8:21:30 AM PST by Shimmer1 (Tolerance becomes a crime when applied to evil. Thomas Mann)
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To: rarestia

Thanks for the clarification.

I have only been around Great Danes, as a giant breed, and had positive associations.


29 posted on 01/09/2015 10:07:56 AM PST by marktwain (The old media must die for the Republic to live. Long live the new media!)
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To: marktwain

Not facing any charges, in New York? Had to read the rest. New York STATE; in “New York” he’d be in jail for just possessing the weapon.


30 posted on 01/09/2015 10:16:16 AM PST by JimRed (Excise the cancer before it kills us; feed & water the Tree of Liberty! TERM LIMITS NOW & FOREVER!)
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To: tumblindice
The next time my neighbor’s 4 lb. Yorkshire Terrier ankle-biter comes running up to me while I’m setting trash tubs by the curb—said little rat yapping non-stop and acting tough—I can drop-kick him back across the street into his own yard?

Just carry a big ol' (fishing) landing net along; scoop the li'l bugger up and dump him over his fence. Repeat as necessary.

31 posted on 01/09/2015 10:19:12 AM PST by JimRed (Excise the cancer before it kills us; feed & water the Tree of Liberty! TERM LIMITS NOW & FOREVER!)
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