animal rights?

Question

this past wk end one of my neighbors shot and killed my sons dog they say the dog was trying..to get some caged geese these geese did not even belong to them the shooter was a neighbor to the people who owned the geese i wonder about a law to protect a dog shouldn't there be a warning first

Answer 1

Nope, if your dog is on someone else's property and is harassing livestock he can be shot.

If your son gets another dog he'd better keep it at home.

Answer 2

As the neighbor of the people that own the geese shot the dog, I would think you could make a case IF IF IF the people that own the geese did NOT give permission to the neighbor to shoot the dog. If the people that own the geese were not upset or worried about your dog trying to get the geese and the dog didnt actually attack the geese they can testify against the neighbor that shot the dog.
On the other hand in the US it is perfectly legal, to shoot a stray dog, owned or not owned, that is harrassing livestock on your property. Its a personal choice of the property owner as to if you want to shoot a dog or not, some cant do it and are nice and give the person a warning if they know the owner of the dog. BUT they dont have too. They are not obligated under any law to give anyone a warning before shooting the offending animal. You only have a legal case, if the owners were AGAINST the neighbor shooting the dog on there property. I am sorry it happened but it is your sons fault in the end for not confining the dog properly and allowing the dog to attack the geese. I almost lost both my dogs once, when they escaped the backyard and attacked an injured deer on county property. The police told me they had the right to shoot the dogs since tehy attacked Wildlife on state property. They thankfully realized that the dogs were nice, personable and sweet, and they they are owned and had collars and tags. So they didnt shoot them. I also was terribly embarssed and sorry because of my profession.

Answer 3

Many of the above posters have nice intentions, but I think they might be missing a few very important distinctions, the most important of which is that the shooter was not protecting HIS OWN property, but took it upon himself to shoot onto another person's property.

This is wrong on many, many levels. You can probably press criminal charges of a few sorts OR sue the guy in civil court.

Seems like a crime (jail time or govt fine) to shoot at other people's things on other people's property, or at least you could have civil claim (suit- money for you) against the guy- though replacing the dog or recieving a fair price for the dog won't replace the emotional bond he had with the dog. Your neighbor is a jerk and should mind his own business.

Some general points you can work with:

- Dogs often run and inspect animal cages without being in "hunting" mode- would any reasonable person have believed 100% that the geese were in grave danger from the dog? Was the dog ripping away chicken wire? Was he truly threatening the fowl?
- Taking up arms in protection of one's property is only a valid
action when lesser means have been exhausted and the taking of life is generally preferable to the potential loss. If you kill someone's dog, you'd better be ready to pay for it, and hopefully you've saved more money than you've lost in court.
- Taking up arm in protection of OTHER PEOPLE'S property or safety is VIGILANTISM. Any judge worth his salt would want to discourage vigilantism.
- The owner of the geese was the person whose problem it was, and whose decision it was. The vigilante took this decision into his own hands. Does his decision differ from what the neighbor would have done? If you can get the neighbor to testify that they would never have done that to save a goose, it would help your case alot.
- The neighbor has a complaint against the shooter for firing a gun onto their property.
- A farm goose is considered lifestock, there is no emotional attachment, so there is a dollar value on the goose. A family dog is priceless. I'm sure you would have paid your neighbor for the goose if your dog ate it, right? But the shooter can't replace the frienship of your family dog no matter how much he pays.
- Were lesser means available to the "protector"? You have a point here especially if the shooter was close to the dog and the dog was not threatening and the shooter was not too far away from the dog yell at or scare the dog instead of shooting it.
- Does the shooter have any other "history" of impropriety or shooting things?
- We have a privilege to own guns, but that privilege comes with very certain responsibilities- it doesn't mean you can wander around shooting it on other people's property and at other people's dogs, without a very compelling reason.

Don't worry about your neighbors relationship to the shooter. They don't have to denounce the shooter, they just have to tel the truth about the matter.

Most judges would try to discourage this kind of vigilantism. It seems like you have enough to at least talk to a lawyer and see if you can get free initial consultation. You can then move forward giving him a cut of the winnings or set it up so that if you lose, you pay nothing, but if you win, he gets more. Most people don't like lawyers until they need them, but they are suddenly heroes when you are looking for some justice.

Otherwise it seems like a slam dunk case for small claims court, where you would not need a lawyer.

At the very least, you should confront the guy and make him explain to your face why he shot your dog. Some people just feel like bigshots shooting things and jump at the chance. You have to wonder about anyone who enjoys killing small animals, that is usually the first mark of a serial killer.

Answer 4

It is not legal to shoot a dog that is not in your yard in most areas (where I live you can shoot any dog that is causing damage as long as it is in your yard and you use the firearm safely). So, if I am understanding you correctly, the man could be charge with animal cruelty and firearms violations. I would call your local animal control or police, and I hope that they allow you to press charges.

Also, I just thought that I should add that some areas do not allow livestock there. If you live an a area where that is the case, they may be able to ticket the owner of the geese. I would think that if the geese were in a cage that the dog would not of been able to get them anyway.

Answer 5

If you live in the city, you can report the neighbor for discharging a weapon within city limits. However, you (if your son is a minor or if the dog was in your care -- YOU are ultimately responsible for the dog) will be fined for "dog at large."

If you are in a rural area, your neighbor has the right to protect his livestock or any animals in his care. That includes shooting a dog that is harassing those animals.
The dog should not have been running loose in the first place -- no matter where you live.
.

Answer 6

You didn't say if this was in city limits or not. MOST cities and townships have ordinances against shooting firearms within city limits.

Aside from that, many states make it legal to kill any dog seen attacking or killing livestock, doesn't matter who owns it.

There is a law in place to protect the dog. It's called a leash law, and requires your dog to be kept on a leash or in a fenced in yard at all times. The judge would simply say that if your dog had been on a leash or in his yard, this never would have happened. I'm sorry, but you're out of luck on this one. He could have just as easily been hit by a car.

Answer 7

There are laws to protect dogs against abuse, there are also LEASH laws. This dog was off your property harassing the neighbors animals. It is your fault for letting your dog roam and get into trouble. Next time, be a responsible pet owner.

BTW, animal rights is about ending animal ownership, the ARs couldn't care less about your dog being shot.

Answer 8

well here a dog was on his own fenced property the cops opened the gate and went too the door .the dog came around the front of his home and was barking at the cops the 1 cop shot him said he was scared the dog was going to attack him. the cops only went too the peoples house because there car was blocking a drive way .so i guess it goes both ways people do what they wanna do .they dont care or have feelings its a shame society is like it is.

Answer 9

I would think a sensible person wouldn't just shoot a domesticated animal. Unfortunately a lot of states deem animals "personal property" just like a tv or furniture. That way they can place a value for damages. Disgusting.
If the dog was on someone else's property and behaving in a threatening manner (including towards their animals), alot of places will deem that no wrong-doing has occured. I would check you local and state laws/ordinances to see what actions would be appropriate. Sorry for your loss =(

Answer 10

if a dog is on another other person's property or public property then it is legal to kill the dog.

Even if the dog is not causing harm at the time it is still legal to kill it because they COULD cause harm to livestock or other people.

If your dog was in his yard then yea it would be illegal. You can't just walk onto somebody's property and kill their pets for no reason.