Laws on Shooting an attacking dog in Montgomery County?

BlackBart said:

Depending on the county I think, Wicomico by comparison s VERY gun friendly compared to the shitty DC part of Md.

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The first sentence was quote from op. I'm just not good doing this from my cell phone.

squirrels said:

It is his business if he legitimately believes that the dog may jump the fence and attack.

Others are pointing out that those concerns may be based on some faulty understanding and some unfair generalizations.

Either way, walking around armed in your suburban half-acre yard is probably not the best overall "solution" to the problem. My own concern, which like the OP's may be based on faulty assumptions, is that too many people want to go to their guns as a FIRST option.

I think it would be interesting to see a picture of the dog. I wonder if it's even a "pit bull", or if the term is just being generalized to any "scary-looking dog", the way the MSM generalizes "AK47" or "AR15" to any scary-looking military-pattern rifle.

The breed of the dog is irrelevant to the discussion, really.

The answer to the OP's original question is, "doesn't matter...if your life or your family are in danger, f*ck legal, you do what you need to do".

But it's also, "If it's reached this point, you should probably consider something more proactive, like building a bigger fence, or talking to your neighbor, or moving".

I don't believe patrolling the yard armed should be "Plan A"...I think the OP should be careful of not crossing the boundary between, "what are my rights?" and "I want to shoot something, can I justify it?".

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Probably correct.......... maybe a more clandestine type of operation might be in order.

TopTechAgent said:

It's sounds to me that you have reasonable concerns of apprehended danger based on the dogs behavior, your experience with dogs, and the fact you have both old and young family members. Only you know how to judge the threat.

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Thanks. I think this is what it will boil down to. I'm going to set up motion cameras to document the dogs' aggression.

Nnztg8r said:

Your first word defines both your eloquence and your ignorance.

I can only hope you come across better in person.

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Why because I refuted everything you said and you have nothing? I can only hope you get a better education.

myright said:

op get one of these.https://www.youtube.com/watch?v=mwm0OwqWvF4 All of the pits I have known were gentle loving pets.

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So I should get my own Pit Bull to fight the neighbor's 2 aggressive Pit Bulls? Great advice there, haha.

I would put the landlord and his Section 8 tenants on notice that they'd better keep the dog under control and secured in their yard.

I would call 911 the next time the dog threatens you, your elderly mother or her dog, regardless so whether it is in its yard or wherever.

I would take down that pitbull with my 12 gauge Grim Reaper, if it ever entered my yard and threatened anyone , and then,

I would throw the dead carcass back into the yard from whence it came.

And, I would be fully prepared should there be any retaliation.

I am not a very good neighbor when it comes to Section 8 blood suckers, illegals or third worlders of any breed. Google 16113 Malcolm Drive, Laurel, MD 20707 if you want to see what tenants can do in your hood. A mother and her daughter died at that address on 13 May 2013 when the father lost it. Welcome to ultra liberal, changing Merryland!!!

Lew--Ranger63

Jimet said:

Unless your frail Ma likes stompin around out in the snow and slush and freezing cold, I'm guessing these frightening events took place 4-5 months ago. In that time, you haven't had an opportunity to express your concerns to your neighbor ? Don't speak to them because of the way they pay their rent? You should get an att. lined up, unless you start thinking like an adult, you will need one.

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Hey thanks Internet Sherlock, but we live in the suburbs and not with the racoons, out in the wood like you do with your Unibomber lifestyle that there should be mounds of snow everywhere. My mother walks her dog out in the yard daily at least 2-3x and there's this invention called a snow blower that I use to clear the path in the snow for her and there's this other invention called a "big ass coat" to keep her warm. While I'm the one who's getting harassed by these Pit Bulls when I'm walking in my yard and near their border.

And yes, I have talked to them They shush their dogs but once they go inside, they are back to doing the same harassment. I must have asked them to control their dogs at least 10x now. And they claim that their Pit Bulls don't bite. Tell that to the fence.

Ask a lawyer, then there would be no divisive discussion. Not sure of the point in asking people's opinions on a possible crime. Had you presented the question leaving the "can I legally shoot the dog" out for possible solutions I am sure the friction level would be "almost" non existent (totally non existent. never going to happen here). 50 posts on the board and almost half are wasted on deflections on this thread. Just saying.

If the dog jumps the fence and heads towards either of you and does not stop, I say take it out. That is what I would do if I felt strongly enough to carry on my own property. I'm not in the situation though. (more worried about rabid foxes or racoons or maybe the occasional Coyote sightings) I think you need some video of how the dog is acting right now. Archive the video so if something does happen (even if you don't' shoot it), you can submit to Animal control or your Lawyer.
You don't' want the owner to paint a picture of a loving friendly dog who just wants to jump the fence and say hello to it's neighbors.

Can the mods move this to the water cooler? I'd argue that this fits better there rather than the the capital region, especially since this seems to be more dog related than gun related. And the argument/venom is clearly more reminiscent of something you'd see in the water cooler.

squirrels said:

So what is the OP going to do? Sit on the porch with his gun and play sentry whenever someone wants to go out into the yard??

Has granny expressed a concern about the dog? Is she going to be "strapped" in the yard as well?

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I'm always strapped when I'm walking around, especially now. And yes, granny is scared of dog, are you pretty slow to be asking this question? How the hell is someone not to be scared when a dog charges the fence and clamps its jaws on the metal, tugging at it while growling? And granny's little 7-8 lb dog is going to die with one bite by those Pit Bulls.

Has the dog ever jumped the fence before? Has it ever shown a predisposition to do so?

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I ain't the Pit Bull Whisperer, I have no idea what they're thinking in terms of whether or not they can hop the fence.

Do you have a working relationship at ALL with your neighbors? If so, you should at least speak to them.

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Been there, done that...at least 10 times. They shush the dogs or bring them in. Say they don't bite. But the next day, it's the same shiznit.

As for the whole "pit bull" debate...yes, a disproportionately high number of pitbulls are involved in "mauling" cases. Just like the proportion of inmates who are minorities is higher than in un-incarcerated society.

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What, so now you're implying that minorities are equivalent to dogs, way to go racist.

What are you trying to say? This is one dog. And it sounds like the problem, again, is more about the owner than the animal.

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Wrong, it's the owner and the BREED. Why can it never be the breed, equally or more than the owner, whenever it's a Pit Bull in question? What about DARLA NAPORA? Was she a terrible owner as well as her husband, who both were Pit Bull Advocates and Rescuers? http://www.huffingtonpost.com/news/darla-napora/

Much of the aggression has actually been bred OUT of pit bulls since dogfighting has become illegal, but it's still there to some degree.

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There's no breeding out such. Dogs are PREDATORS, every last one of them. Now compound such attributes as the Pit Bull being created to specifically kill bulls in the sport of Bull Baiting and then onto Dog Fighting for over 100 years. A Chihauhau can be a nasty biter, but it doesn't even come close to having the ability to overpower grown adults and kill them as Pit Bulls do.

As an owner, you can either behave in a way that brings it out (let the dog assume dominance, or "push it" to be violent and defensive) or you can behave in a way that suppresses it, with proper discipline, exercise, and affection.

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Yea, but this ain't the average dog owner of America who eats a lot of McDonald's, watches too much TV and plays videogames all day. I'd rather they own an a-hole of a Chihuahua that can be punted if it attacked me rather than an a-hole of a Pit Bull that can overpower and kill me or especially my frail mother.

In the OP's case, though, the dog is fenced in. So the owner is exercising a modicum of responsibility.

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They ain't exercising nothing, that fence was already there for the last 20+ years.

It sounds to me like speculation that the dog has the ability or inclination to "jump the fence"...if it wanted to jump the fence and come after people, it would have done it already,

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BS. They probably just don't realize that they can jump it. These neighbors aren't gangbangers, who trains their Pit Bulls to attack and/or fight, at least I don't think they are. They're just the average dog owner who don't really train their dogs, or hardly trains them. Which is why Pit Bulls shouldn't be available for them to own.

So really, the issue is not the neighbor's dog. It is the OP's estimation of whether his neighbor's fence is adequate to contain the dog.

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It's the Pit Bull, the fence and the neighbors. Why is it never the Pit Bulls that are apart of the problem?

If the OP believes that the fence is inadequate, maybe the OP needs to build a TALLER fence in his OWN yard for protection.

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Haha, so I should spend $10,000 to $15,000 of my own money to build a new fence because new neighbors are incapable of adequately training a vicious breed of dogs? Or worse, sell my house and move? WTF?

Doobie said:

Truth is animals and criminals have more rights in the state of MD than good, upstanding law abiding citizens. If it were me, I'd try the treats, carry bear spray or a baton/ball bat. I'm not a lawyer and can't/won't give you legal advice.

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Yeah, I'm starting to see that. I've ruled out shooting in defense from many of the post on here and yours. I also have been carrying my blade with me. I'm pretty accustomed to combat as an amateur fighter, but haven't been tested vs. attacking dogs though. But cutting up an attacking dog may also bring a crapstorm of legal problems on me also. Spray is probably the best idea, although I've heard and seen videos on YouTube where a Pit Bull took a whole can of it sprayed into it's face and still didn't let go of its jaws on another dog. This is with the Pit Bull's owner bashing his own dog with a baseball bat in the head and body while the other dog owner was stomping it with Timberlands.

jmiller320 said:

No. Your property extends to your lot line. Some of your front yard may be in the right of way. You need to know where your property lines are located.

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Good advice.

File a couple of 'barking dog' and 'aggressive dog' complaints with animal control.

Document any forays onto your property, get a surveillance camera system.

If he comes on your property and acts aggressively, shoot him. Make it count, use a shotgun. Call 911 right after you do it.

DON'T drag the carcass back into your yard if he runs off.
DON'T post a gloating picture to facebook.

It probably violates some county ordinance, anticipate major legal fallout.

smokering said:

50 posts on the board and almost half are wasted on deflections on this thread. Just saying.

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Very true. I asked a simple question about using my gun for self defense against an attacking dog in the suburbs. But of course, I say it's a Pit Bull and out comes all the Pit Bull apologists from the woods...work.

Would this same crap happens if I was complaining about a Chihauhau? But then again, I wouldn't be fearful of some Chihauhau midget, even being able to jump any fence, let alone attack and kill someone. While Pit Bulls have been known to jump fences and have mauled and killed people.

I told my mother that if I'm not there and the Pit Bulls do get a hold of her little dog, just let it die rather than risk your life to rescue it as you'd have no chance saving it to begin with. Death or even just spending your retirement years in and out of hospitals for reconstructive surgeries and rehab, ain't worth it.

traveller said:

File a couple of 'barking dog' and 'aggressive dog' complaints with animal control.

It probably violates some county ordinance, anticipate major legal fallout.

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Thanks. I think I will file the barking dog and aggressive dog complaints once I get the videos of it attacking the metal fence while I'm walking by. Sadly, my biggest fear from posting this thread, now, is the last one, which can end up costing in upwards of $100,000 for legal defense should I kill it in self defense. And there's no way that I can out run a charging dog.

chopsocky said:

Would this same crap happens if I was complaining about a Chihauhau?.

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No, we would make fun of what a ***** you are that dont just step on the little cricket ;-)

fyi, i have a lab/ches mis. 120lbs
you come near, he barks and will strain a leash hes on
doubt a fence would hold him unless he wanted it to
i have seen him charge people
runs as fast as he right up to them, stops and sits waiting for a pat on the head

chopsocky said:

Thanks. I think I will file the barking dog and aggressive dog complaints once I get the videos of it attacking the metal fence while I'm walking by. Sadly, my biggest fear from posting this thread, now, is the last one, which can end up costing in upwards of $100,000 for legal defense should I kill it in self defense. And there's no way that I can out run a charging dog.

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Animal control is always the first step. Dont know whether MoCo AC is worth anything. If you take video, make sure it is not of you provoking the dog but doing regular yard stuff. Read the MoCo animal control ordinance so you know the magic words to put into your complaints. Get a can of bear-spray. Shooting it should be a last resort.

Look up 'justice for tank st marys county' to see how you can do everything wrong and the potential legal fallout. Honestly, your posting here already creates ammunition if something was to happen.

Chopsky I want you to try something ( and no I'm not being a smartass) I've read all the post and I think you have legimate concerns but let's come at this from a different angle. Next time you go to Walmart get yourself a big box of the meaty bone dog treats. When the dogs charge the fence throw some over the fence and turn your back to the fence. Do this a few times and I will bet you and these dogs can live in peace. I've done a lot of rehab work with aggressive and abused dogs and more than likely with just a little work on your part you can fix this. And from what you've said about the dogs owners it doesn't sound like they will be much help. Another point that hasn't really been hit on in this thread much is if you did have to shoot one or both of these dogs for attacking you or your mom if they come over the fence ( which I wouldn't blame you) think of the shit storm that would ensue way past the point of the dog shooting. Hope it works out man.