Concealed Carry VS. Angry Pitbull

[shogun323]

So I live in an area that has a couple "not so nice neighborhoods" nearby. As you are well aware, people that live in the "not so nice neighborhoods" like to buy pit bulls and make them aggressive because I suppose it makes them feel tough. (Such a shame, they are great dogs.)

Anyway, the other night I am walking my Boston Terrier and a guy with a Pit passes by. Immediately the Pit tries to B-line for us and is growling and snarling. Thankful it's scrawny owner was able to keep it restrained on it's stereotypical chain-link leash. As a concealed permit holder, my first thought was shoot the dog if it charged.

So would it be a lawful shot? Afterall it potentially would have been a life threatening situation. I can't find any info on that scenario in my copy of "Florida Firearms Law, Use and Ownership" book.

Thanks.

[erbilabuc]

I love dogs but the answer is yes. I would of actually shot the owner first then ran away with the dog:)

[Fox17]

i would think that if it was attacking you that you could shoot it. but then again, they have more rights than us now thanks to the friggin peta people. wish one of them people would attack me. 

[jrpro130]

Wasn't this on the news?

I say shoot it!

[Busta Nutt]

shoot them both. put a cap in their heads to make sure the job is complete. then cap anyone who might have witnessed it.

[shogun323]

I knew I could count on you all for solid legal counsil!!!! eheheheheeee 

[Busta Nutt]

not a problem

[Fox17]

shoot them both. put a cap in their heads to make sure the job is complete. then cap anyone who might have witnessed it.

lol.

[Chillinthemost]

dead dog

[backinsaddle]

can't give you legal advice, but I would have shot it if it got loose

[Young Gun]

I wish I was old enough to have a CWP, because if something like that happened to me I would definitely put that permit to use.

I remember I was almost attacked by a Rotweiler when I was younger, luckily I was on my bike and could outrunpedal it. lol.

[badrap]

im not sure about walking down the street, but i know on your own property if you feel threatened shoot first ask questions later.  everyone gives pitbulls a bad rap, they are very good natured dogs when raised by normal people, but any dog will be agressive when it sits in a cage for a week with no food and what they do get has steroids in it.  ive got a pitbull, got him from the pound, someone started to cut his ears but only did it on one and f'ed it up, sweetest dog ive ever had

[Fox17]

id shoot a poodle if it tried to bite me. lol. theres nothing wrong with the pitbull. all dogs can be mean if trained to. i hate it when they cut their ears and tails off. someone should cut the owners ears off. we wont go any further than that. lol.

[bignickwaite]

blow it away

[NYRAPTOR]

i was eating peanuts by a tree and a squirrel came after me and my nuts. blew him away with my snubnose 38 special. the other squirrels think twice now about attacking me and my nuts.
i'm ok. 

[big-daddy]

your answer is Yes ......http://video.syndication.msn.com/v/default.aspx?mk=en-ap&g=76c2b2da-ea39-4af0-9f9b-54b60ef1c859&f=FLMIH&fg=rss

[rancher1]

There was a guy the other night on the news that shot a pitbull when it was attacking his dog no charges as of yet but it was in his yard.I thought the new law was if its indangering you or your live stock shoot it.

[Anoriginal]

Bang! Night night puppy dog.

[shogun323]

Bang! Night night puppy dog.

Thanks Matt. So it would stand up in court?

[z400250]

hey wade if the dogs threating your life than you should shoot it!
thats why we carry concealed so when we need it (i.e a dog or person attacking you) you got it!!
what would a cop do if the dog was attaking him?

I will shoot any threat to me or my familys life and worry about if its legal or not afterwards with an attorney.
Kevin

[Anoriginal]

Granted, I am a civil litigation attorney and not a criminal law attorney. However, I did quite a bit of research before posting this response and based the majority of my opinion (and research) on a book written by Jon H. Gutmacher, Esq., titled Florida Firearms Law, Use & Ownership (2008). This book is the authority in the state of Florida on gun laws and interpretation. It is utilized by "seven police academies, over eighty Florida law enforcement agencies, EVERY Florida appellate court, including the Florida Supreme Court". So, here's what my opinion is, based on this research....

Section 767.03 Florida Statutes, (2008) says that a defense to killing a dog would be if that dog were killing or had been killing any domestic animal (ie. - your dog). But, Florida law also says that if you kill a dog under these circumstances, you have to do it by "humane method". Guess what? Florida law says that a gunshot of proper caliber and with proper placement is considered humane.

Basically though, you have to shoot the animal when it's attacking (just about immediately) your animal. Also, if there is another way to avoid the shooting (running away, kicking the dog off, grabbing your dog and placing it somewhere safe, etc.), you have to choose the "other" way. If you can't avoid it, then, and only then, are you clean.

If it's attacking you....different story. It goes back to the same old test for using a firearm to protect yourself or someone else. Meaning, was the shooting necessary to protect yourself or someone else; was the shooting reasonable under a subjective and objective standard and/or; could you have reasonably "avoided dangerous and immediate confrontation?" Gutmacher (2008) at 240.

That's my $.02 on it from a researched view. And if you have a CCW License (I do), you MUST get Gutmacher's book. It's great to have the very resource the court relies on in your hands to read. I really learned a ton from it. It's amazing just how many theories people have about CCW's and the law. Myself included prior to buying this book.

Hope that helps.  

[dj_pizzim]

I love that book ... lots of great information in it.  I would have to say you would be within legal rights to shoot the dog ... where it would get interesting is if the person let their dog go sicking<sp> the dog on you and you then shot the person would that be considered a clean shoot? I believe it would boil down to if the dog is a lethal weapon

[Anoriginal]

I love that book ... lots of great information in it.  I would have to say you would be within legal rights to shoot the dog ... where it would get interesting is if the person let their dog go sicking<sp> the dog on you and you then shot the person would that be considered a clean shoot? I believe it would boil down to if the dog is a lethal weapon

In that case, you'd shoot the dog because it would be the necessary and resonable way to prevent yourself from getting killed or seriously injured. However, an animal can't be a deadly weapon under Florida law.

[dj_pizzim]

that was the other way i was thinking with the dog out of the equation there is no longer a threat. Thats for the info on the other part im guessing that based on Florida Case law what would the charge be if you sicked<sp> a dog on someone (not that i want to or would, i have a golder retriever)

[MudMan]

Can you pickup that book at any bookstore ?   As a LEO, I am exempt from needing a concealed weapons permit as long as I stay employed.  I want to know what I can and can't do off-duty because I have heard many theories and myths.  Thanks.

[Anoriginal]

Here is the link to buy it online. Not sure about a book store.

http://www.floridafirearmslaw.com/mm5/merchant.mvc?Screen=PROD&Store_Code=FFL&Product_Code=Florida-Firearms-Law-Use-Ownership-Book

Hope this helps.

[MudMan]

Here is the link to buy it online. Not sure about a book store.

http://www.floridafirearmslaw.com/mm5/merchant.mvc?Screen=PROD&Store_Code=FFL&Product_Code=Florida-Firearms-Law-Use-Ownership-Book

Hope this helps.

THANKS

[shogun323]

Here is the link to buy it online. Not sure about a book store.

http://www.floridafirearmslaw.com/mm5/merchant.mvc?Screen=PROD&Store_Code=FFL&Product_Code=Florida-Firearms-Law-Use-Ownership-Book

Hope this helps.

Awesome book. I keep my copy in my truck.

[06 BaNsHeE]

Man If im walking my pit and u shoot it because it growled at your dog Id be in jail for murder...If it was on a leash and the guy had it under control why would u shoot it?And I know u didnt shoot it just replying peoples thoughts on here.

[wilburz]

shoot them both. put a cap in their heads to make sure the job is complete. then cap anyone who might have witnessed it.

Could I get a re-cap of that?

[dj_pizzim]

I know you can pick the book up at the suncoast gun shows thats were i got mine

[shogun323]

Man If im walking my pit and u shoot it because it growled at your dog Id be in jail for murder...If it was on a leash and the guy had it under control why would u shoot it?And I know u didnt shoot it just replying peoples thoughts on here.

Clearly you misread my original post.