Defending yourself or others against animal attack..

The #1 community for Gun Owners in Indiana

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Trebor657

    Sharpshooter
    Rating - 100%
    6   0   0
    Jun 1, 2017
    455
    93
    Fort wayne
    Went for a walk a couple days ago and out of nowhere a large mixed breed dog, maybe 70-80 pounds started walking (almost stalking) me growling and baring its teeth. I was armed and put my hand on my weapon but did not draw it.....I began to slowly step backwards and after 30 seconds or so, the dog retreated.....This got me to thinking "what if I would have had to defend myself against the animal? Would there be legal issues?" I found the below article and figured self defense against an animal would be similar to self defense against a person.....Ultimately I think I would be ok but legal fees etc. could mount up for sure.....makes me wonder....




    Was It Self-Defense?

    While many animal cruelty laws don't specifically mention a self-defense exception, the Washington Court of Appeals recently found that the constitutional right of self-defense does apply to animal attackers. Wait, isn't that common sense? Not necessarily. A Washington man was charged with animal cruelty in the first degree when he shot at a dog, which may or may not have been attacking him (depending on whose story you believe). The man argued that he had a right to shoot the dog because he was protecting himself. The prosecutor disagreed, contending that Washington's self-defense law only applied to a human attacker, not an animal attacker. The trial judge agreed with the prosecution and refused to allow the jury to consider the man's self-defense claim. The appeals court, however, sided with the defendant and overturned the trial court's decision. So yes, in some cases, courts have found that you do have a right of self-defense against an attacking animal. If you are ever charged with animal cruelty, an experienced criminal defense attorney may be able to help you determine if these animal cruelty defenses apply to your case.
     

    Sticky

    Sharpshooter
    Rating - 0%
    0   0   0
    Jan 22, 2011
    497
    18
    central IN
    Legal fees would likely depend on whether the local prosecutor sees you as a good "career move". City PD and other offices might have an influence, too.
     

    Sylvain

    Grandmaster
    Rating - 100%
    1   0   0
    Nov 30, 2010
    77,313
    113
    Normandy
    Looks like using pepper spray would be a better option if a large angry dog gets a bit too close.

    Way less legal ramifications compared to using a gun.Plus you will save your hearing as well.
    You can't just shoot a dog that is following you.
    If it's not self defense you could get in trouble for discharging a gun within city limits, possibly getting sued by the dog's owner or any bystander hurt by the shot (noise or ricochet).

    You can spray some condiment in the air between the dog and you to create distance.That's legal anywhere. :dunno:
     

    T.Lex

    Grandmaster
    Rating - 100%
    15   0   0
    Mar 30, 2011
    25,859
    113
    No self defense vs animal.. now what?
    Wait - where does this idea come from (in Indiana)?

    Pets (and any domesticated animal, really) are basically chattel. If I damage yours, I owe you the cost to replace. If you are in reasonable fear of death or serious bodily injury, you can take whatever steps necessary to defend yourself (while avoiding switching over to being an aggressor of your own). If that's a dog, a bear, or a parrot, you do what you gotta do.

    In fact, its pretty clear that Carmel is probably the only place you could use a firearm to shepherd a wayward dog back to its yard. ;)
     

    natdscott

    User Unknown
    Trainer Supporter
    Rating - 100%
    5   0   0
    Jul 20, 2015
    2,797
    113
    .
    I can't believe humanity has gotten to the point where this is even a topic for discussion. An animal showing material aggression towards me, much less my family, will no longer be allowed to continue using oxygen.

    The only exception I make is for wild animals when I am on their turf; if they will agree to go the other way, I will agree to do the same. There was only ever one who didn't, and it died somehow.

    Shoot the d@#n dog well and with certain permanence. Walk on.

    If there's a lawsuit, so be it. There's a whole profession just for that kind of malarkey, so lawyer up. Beats hell out of teeth on your face.

    -Nate
     

    eldirector

    Grandmaster
    Rating - 100%
    10   0   0
    Apr 29, 2009
    14,677
    113
    Brownsburg, IN
    It is my understanding that "defending oneself from an attacking dog" is really more an issue of discharging a firearm (possibly in city limits) and then property damage. I suppose Reckless Endangerment if a bunch of other people were around.

    Out this way, if you let your pets run, then you should expect they will EVENTUALLY not come back. Cars and coyotes being the primary cause. Going after someone's livestock, pets, or kids being lower on the list.
     

    Excalibur

    Master
    Rating - 0%
    0   2   0
    May 11, 2012
    1,855
    38
    NWI
    Other than the odds of a stray dog attacking you, do we have any wild animal problems in NWI that we need to be concerned about?
     

    AndersonIN

    Master
    Rating - 100%
    1   0   0
    May 21, 2009
    1,627
    38
    Anderson, IN
    You can have at it in Anderson!!! We had a person do that exact thing when a lady let her dog out the front door and it went after someone walking! It was growling and barking at him like it was going to bite so he shot it and it ran off. Police came, said dog was after the man, man fired in self defense and had a carry license! CYA! Just the way it should be!

    Not only that our Prosecutor recently was pocket carrying in a very busy local eatery. While leaving he dropped his carry out of his pocket, popping off a round when it hit the floor! It was investigated and no charges filed! So I don't think "Reckless Endangerment" will be an issue either!!!
     

    Gluemanz28

    Grandmaster
    Rating - 100%
    29   0   0
    Mar 4, 2013
    7,430
    113
    Elkhart County
    You can have at it in Anderson!!! We had a person do that exact thing when a lady let her dog out the front door and it went after someone walking! It was growling and barking at him like it was going to bite so he shot it and it ran off. Police came, said dog was after the man, man fired in self defense and had a carry license! CYA! Just the way it should be!

    Not only that our Prosecutor recently was pocket carrying in a very busy local eatery. While leaving he dropped his carry out of his pocket, popping off a round when it hit the floor! It was investigated and no charges filed! So I don't think "Reckless Endangerment" will be an issue either!!!

    Rut row.....

    Now you have went and opened Pandora's box!

    :popcorn:
     

    HoughMade

    Grandmaster
    Rating - 0%
    0   0   0
    Oct 24, 2012
    35,612
    149
    Valparaiso
    Other than the odds of a stray dog attacking you, do we have any wild animal problems in NWI that we need to be concerned about?

    This weird mini-lobster crawfish thing was crossing the road when I was taking my morning walk. It looked like it might turn on me.
     

    yeahbaby

    Expert
    Rating - 0%
    0   0   0
    Dec 9, 2011
    1,266
    83
    Portage
    I can't believe humanity has gotten to the point where this is even a topic for discussion. An animal showing material aggression towards me, much less my family, will no longer be allowed to continue using oxygen.

    The only exception I make is for wild animals when I am on their turf; if they will agree to go the other way, I will agree to do the same. There was only ever one who didn't, and it died somehow.

    Shoot the d@#n dog well and with certain permanence. Walk on.

    If there's a lawsuit, so be it. There's a whole profession just for that kind of malarkey, so lawyer up. Beats hell out of teeth on your face.

    -Nate

    Or having to deal with getting bite by a dog that has not had a rabies shot. Forget that s**t.
     
    Top Bottom