Laws on Shooting an attacking dog in Montgomery County?

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  • Robert1955

    Ultimate Member
    Dec 25, 2012
    1,614
    Glen Burnie
    I have not read all 10 pages of this thread but if a dog attacks me or mine and I have a firearm handy I will use it, any laws be dammed. And yes I am a dog lover. In my almost 50 years on this earth there has only been one dog I could not get to be friendly to anyone.
     

    Traveler

    Lighten up Francis
    Jan 18, 2013
    8,227
    AA County
    Don't get me wrong. I love all animals. I would not feel good if I had to put one down to protect a person. I agree messed up human beings beget messed up dogs.
     

    traveller

    The one with two L
    Nov 26, 2010
    18,449
    variable
    Don't get me wrong. I love all animals. I would not feel good if I had to put one down to protect a person. I agree messed up human beings beget messed up dogs.

    Most of the time it would have a more lasting effect if you shot the owner. The penalties on that are unfortunately a bit higher.
     

    lawdog89

    Active Member
    Mar 23, 2012
    296
    Germantown
    If you are carrying a firearm legally I don't think the laws regarding self defense only apply to people. If you're being attacked you have a right to defend yourself. Just be prepared to justify that action just like in any situation.
     

    Mr Bear

    Ultimate Member
    Jan 17, 2013
    1,077
    Maryland
    Are you sure about your homeowner insurance? I'd hate to be wrong.

    Insurance won't be able to save you from your new reputation as "that guy who shot the poor little dog" once the story gets retold a few times.

    I believe it was 2 yrs ago that the GA passed a law eliminating the possibility of civil liability when a perp is shot in your home.

    I live in an area where people let their dogs off-leash around their homes all the time. Unfortunately they charge/attack me & my on-leash dogs as we're walking down the middle of the street. Have filed animal control complaints on 3 neighbors. I don't want them to lose their pets, but if they can't be responsible pet owners & control their pets, then they will incur the wrath of the county 1st, then me. Haven't had any problems since. But for now I'm using less than lethal methods.

    There are less violent options out there, so I'd suggest looking at those 1st. Your job is not to be judge, jury, & executioner.
     

    ROBAR35

    Living the farm life
    May 20, 2010
    1,839
    Howard Co.
    I believe it was 2 yrs ago that the GA passed a law eliminating the possibility of civil liability when a perp is shot in your home.

    I live in an area where people let their dogs off-leash around their homes all the time. Unfortunately they charge/attack me & my on-leash dogs as we're walking down the middle of the street. Have filed animal control complaints on 3 neighbors. I don't want them to lose their pets, but if they can't be responsible pet owners & control their pets, then they will incur the wrath of the county 1st, then me. Haven't had any problems since. But for now I'm using less than lethal methods.

    There are less violent options out there, so I'd suggest looking at those 1st. Your job is not to be judge, jury, & executioner.

    Absolutely agree 100 % there is almost always a better way to handle the situation . Are there times when a vicous dog will
    Engage in an unrelenting attack, yes but they are extremely rare and even less rare when they are off their home turf, just the way a dog is. And thinks.
     

    CharlieFoxtrot

    ,
    Industry Partner
    Sep 30, 2007
    2,530
    Foothills of Appalachia
    The legal advice in this thread is abysmal. Talk to a lawyer about this situation before you get into it. We have two pending cases right now involving neighbors shooting a dog.

    Self Defense in MD only applies to assaultive crimes. Guess what? You can't be assaulted (in the legal sense)by an animal. Only another person can assault you. If you shoot an animal and are criminally charged you will be charged with animal cruelty, malicious destruction of property and possibly reckless endangerment. The defense of self defense doesn't apply to the first two and may not to the third.
     

    mvee

    Ultimate Member
    MDS Supporter
    Dec 13, 2007
    2,491
    Crofton
    A man shot a pitbull that had got into his yard and was being aggressive towards him. This happened in severna park a few years ago. He shot the dog and he was eventually arrested and charged with I believe cruelty to animals. He was forced to defend himself in court. He was eventually found not guilty. http://www.mdshooters.com/showthread.php?t=59461

    I would expect something similar to happen in Montgomery county.
     

    ROBAR35

    Living the farm life
    May 20, 2010
    1,839
    Howard Co.
    The legal advice in this thread is abysmal. Talk to a lawyer about this situation before you get into it. We have two pending cases right now involving neighbors shooting a dog.

    Self Defense in MD only applies to assaultive crimes. Guess what? You can't be assaulted (in the legal sense)by an animal. Only another person can assault you. If you shoot an animal and are criminally charged you will be charged with animal cruelty, malicious destruction of property and possibly reckless endangerment. The defense of self defense doesn't apply to the first two and may not to the third.

    :thumbsup:
     

    BlackBart

    Banned
    BANNED!!!
    Mar 20, 2007
    31,609
    Conewago, York Co. Pa.
    The legal advice in this thread is abysmal. Talk to a lawyer about this situation before you get into it. We have two pending cases right now involving neighbors shooting a dog.

    Self Defense in MD only applies to assaultive crimes. Guess what? You can't be assaulted (in the legal sense)by an animal. Only another person can assault you. If you shoot an animal and are criminally charged you will be charged with animal cruelty, malicious destruction of property and possibly reckless endangerment. The defense of self defense doesn't apply to the first two and may not to the third.

    Well THIS blows..... the dog must bite a victim first? :sad20: Oh well......... judged by 12...
     

    montoya32

    Ultimate Member
    Patriot Picket
    Jun 16, 2010
    11,311
    Harford Co
    Jesus Christ.

    Half you people couldn't identify a "Pit Bull" if you had to.

    You heard "pit bull" in the news and swear they are bad. Then complain that the media brainwashes people.

    Pit Bull's jaws don't clamp, and have less bite strength than many other dogs. They are not "bred to be mean".

    https://www.youtube.com/watch?v=MEmijfYaPRg

    BLASPHEMY!

    :thumbsup:

    I've posted something similar to this elsewhere, but here it is again, but I'm sure the resident experts aren't thrown off by this "test".

    http://www.pickthepit.com/
     

    303_enfield

    Ultimate Member
    May 30, 2007
    4,710
    DelMarVa
    MD's old law was shoot any dog that is attacking anything. But that changed Oct 1 when we lost more of our 2A rights.
    Old law:
    ⠠§ 13-105. Aggressive dogs

    Authority to kill dogs

    (a) Regardless of whether the dog bears the proper license tag required under this subtitle, a person may kill a dog that the person sees in the act of:

    (1) pursuing, attacking, wounding, or killing poultry or livestock; or

    (2) attacking a human being.

    Immunity from liability

    (b) A person who kills a dog under the circumstances described in subsection (a) of this section is immune from any civil liability or criminal penalty for the killing.

    Compensation for animals destroyed or injured

    (c)(1)(i) The governing body of a county, by local law or ordinance, may provide for the compensation of a person whose poultry or livestock is destroyed or injured by a dog.

    (ii) A local law or ordinance enacted under this section may require the sheriff of the county, a county official, or other person to:

    1. appraise the damages sustained by the owner of the poultry or livestock that was destroyed or injured; and

    2. report the findings to the governing body of the county.

    (2)(i) If the owner of the dog cannot be determined, the governing body may compensate the owner of the poultry or livestock that was destroyed or injured, in accordance with the appraisal, from:

    1. the dog license fund established under subsection (d) of this section; or

    2. the county general fund.

    (ii) A sworn report of the appraiser is prima facie evidence of the fairness of damages in each instance.

    (iii) If the governing body determines the amount of the appraisal to be unfair, the governing body may award compensation in an amount that the governing body determines to be fair.

    (3)(i) If the owner of the dog is known, the governing body shall direct the owner to euthanize the dog immediately.

    (ii) If the owner refuses or neglects to euthanize the dog after being directed to do so by the governing body:

    1. the owner is liable for damages to the same extent that the owner would be liable in a case of negligence or malicious destruction of property; and

    2. the governing body may direct special officers to euthanize the dog.

    (4) If the governing body does not adopt a local law or ordinance under this subsection, the county is not required to compensate a person for poultry or livestock destroyed or injured by a dog.

    Now only a LEO can shoot/kill it. By the time a LEO can make it to the farm three fowls are down. Use the three S's if need be. Or trap them an take them to a shelter two counties over.
     

    PgRefugee

    Member
    Jan 23, 2015
    94
    From my understanding, dogs are considered properate and you could absolutely shoot it if it attacked you. That being said. I would go the anonymous call to animal control route. I live in Accokeek and two big ass rottweilers started attacking my goats, killing 2. I dropped em like a bad habit and called animal control. No words were exchanged, they drug out the dead dogs and gave me a report number.
     
    Feb 28, 2013
    28,953
    If you are carrying a firearm legally I don't think the laws regarding self defense only apply to people. If you're being attacked you have a right to defend yourself. Just be prepared to justify that action just like in any situation.

    If I'm threatened by someone else's mutt that some ******* can't be bothered to keep restrained, with no fence between us, at minimum it will be drawn on and watched. Hopefully, it won't approach and defensive action won't have to be taken. But I'll be damned if I'm gonna allow myself to be any dog's chew toy.
     

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