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Defense against dog

MMcNeil: I think your story, if not contradicted by other witnesses' stories, would support a justified legal shoot.
BUT, if some dog lover saw this incident and said the dog was merely growling at you as a stranger, the way it growled at other people before it got to you and didn't hurt them, and they didn't shoot it and yet it didn't actually attack them either, they could say you jumped the gun and fired before it was justified.

If it comes down to multiple witnesses disagreeing with what happened, you'd probably get arrested and the cops would turn it over to the prosecutors to worry about the fine point of the law, or putting the conflicting testimony up to a jury for them to sort out at trial.

That's IF it happened in public like this. If it happened on your own property, at your home, you'd almost certainly be able to claim necessary self-defense.

And YES, the size and breed of the dog makes a difference.
People perceive Rottweilers and Pit Bulls and Huskys and Chows and Dobermans and Belgian Malamois or German Shepherds as attack dogs, and more dangerous, and PERCEPTIONS matter. Reasonable perceptions, anyway.

Shoot a 60-lb Cocker Spaniel? You're probably going to jail.
SHoot a 40-lb pit bulldog? You're probably OK.
Choot a 3-lb teacup Chihuaua? Go to jail and have your man card and GWL both revoked within 5 business days.
 
Chihuahuas are nasty lil bastards. More likely to bite than any of those other breeds. Better choot em on sight!

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likely would have been within the law, especially if a medium to large dog.
not sure how well it would have looked if a very small dog.
Myself I don't want to have to shoot any dog but I know where you are coming from.
when I walk with or without my dogs I always carry pepper Spray, first it wills top a dog and second it will stop a dog generally faster than a bullet will unless you hit the dog in the head.
I wouldn't really want to discharge a firearm pointing downward in an area of concrete/asphalt with other humans walking around anyway.
not an easy shot to hit a small target that's bouncing/running around.
the pepper spray will stop the attack and certainly remind the dog in the future that HUMANS are dangerous and will hurt you if you are aggressive toward them.
maybe spray the owner as well for not teaching/controlling the dog to begin with!
just my 2 cents.
+1 on spraying the owner too as a "teachable moment"... gonna add pepper spray to my EDC after reading this... Thx!
 
I was traveling home today from Florida. Stopped at a truck stop for fuel and bathroom break. Once I parked and my wife and I leave the truck I notice a lady calling for her dog. The dog payed no attention to her and was roaming the fueling area. It charged aggressively towards two other people and ran off. Once it saw me and my wife it charged us, it lunged at us twice but did not bite. We backed up and were pinned next to the ice box. The owner came over and tried to leash the dog but it charged another customer. If the owner hadn't come over it was gonna be a dead dog. No tail wagging or a playing. Would this be legal?
What kind of dog was it?
 
It was a mixed breed dog, 50-60 pounds. It did have some bulldog/pit in it(head shape). Lite gray/blue in color. There were plenty of whitenesses and multiple cameras around the pumps I'm sure.
 
It was a mixed breed dog, 50-60 pounds. It did have some bulldog/pit in it(head shape). Lite gray/blue in color. There were plenty of whitenesses and multiple cameras around the pumps I'm sure.
Just curious. You'd have a hard time proving "self defense" for a tea cup poodle.
I've never shot a dog, but regret not shooting two American Bulldogs. Long story. As you described it, I can only imagine it would have been justifiable. Luckily, you don't have to find out.
 
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