Question, why wouldn't the average citizen have the right to shoot a dog that was attacking them? Not judging, just asking.

 

I'm pretty sure I can't just walk up to someone's front door on their private property and shoot their dog if it runs out. I may be wrong but I'm thinking I would get arrested for that and charged with various crimes.

Does stand your ground apply to animals?

I'm pretty sure I can't just walk up to someone's front door on their private property and shoot their dog if it runs out. I may be wrong but I'm thinking I would get arrested for that and charged with various crimes.

 

Agreed. The average citizen cannot come to your door, tell you that your car door is open, and if your dog barks at them / charges them, whatever, just shoot the dog. The police officer abused his position and authority only because he was carrying a gun.

 

Attack or not, the average citizen does not posses the ability to do this without penalty of law....apparently police officers must think they do, therein lies the problem.

Does stand your ground apply to animals?

 

If you're standing your ground on my front porch, I'm going with no..

I'm pretty sure I can't just walk up to someone's front door on their private property and shoot their dog if it runs out. I may be wrong but I'm thinking I would get arrested for that and charged with various crimes.

 

I am not saying it was justified in this case but curious in the law. I don't know the law and do not have a concealed permit, but if I knock on your door and your dog comes out and attacks me, do I have the right to shoot it even if I am on your property not invited. I know if my dog comes out and bites you, you can sue me and the insurance will probably settle even though you are on my property without permission.

They don't need to have a warrant to come to your front door.

He had every right to investigate the open door.

 

Curious about this. A couple weeks ago we established that I do not have to acknowledge a police officer's request if I am just walking down the street (I believe it was bee bopping on my own leather). I'm free to keep walking with no acknowledgement.

 

But if I'm in my house, an open car door parked nearby, and the law comes to the door, then somehow his intrusion onto my property is justified ?

 

Something doesn't seem right about that.

If you're standing your ground on my front porch, I'm going with no..

 

Apparently it applies if you follow someone and start a confrontation with them. So who knows.

Actually I think if a dog attacks you, you can shoot it to protect yourself. You don't have to be a police officer to do so.

 

Curious about this. A couple weeks ago we established that I do not have to acknowledge a police officer's request if I am just walking down the street (I believe it was bee bopping on my own leather). I'm free to keep walking with no acknowledgement.

 

But if I'm in my house, an open car door parked nearby, and the law comes to the door, then somehow his intrusion onto my property is justified ?

 

Something doesn't seem right about that.

 

Your front door is different than the rest of your house in that anyone can come knock on the door, like a mail man.

 

"The Court has acknowledged that a doorbell or knocker is typically treated as an invitation, or license, to the public to approach the front door of the home to deliver mail, sell goods, solicit for charities, etc. This license extends to the police, who have the right to try engaging a home's occupant in a "knock and talk" for the purpose of gathering evidence without a warrant. However, they cannot bring a drug detection dog to sniff at the front door of a home without either a warrant or consent of the homeowner or resident.[102]"

Agreed. The average citizen cannot come to your door, tell you that your car door is open, and if your dog barks at them / charges them, whatever, just shoot the dog. The police officer abused his position and authority only because he was carrying a gun.

 

Attack or not, the average citizen does not posses the ability to do this without penalty of law....apparently police officers must think they do, therein lies the problem.

 

You don't really believe this do you? If I walk up and knock on someone's door and their dog runs out and attacks you honestly think I will be arrested and charged with a crime if I shoot the dog?

You don't really believe this do you? If I walk up and knock on someone's door and their dog runs out and attacks you honestly think I will be arrested and charged with a crime if I shoot the dog?

 

Absolutely do. I'll even bet there is a means tested case out there already

Absolutely do. I'll even bet there is a means tested case out there already

 

I would think you'd be charged with discharging a firearm within city limits at the very least.

I would think you'd be charged with discharging a firearm within city limits at the very least.

 

Assuming you live in the city, yes. I was thinking wreckless discharge.

Given the statment by HB "The Court has acknowledged that a doorbell or knocker is typically treated as an invitation, or license, to the public to approach the front door of the home to deliver mail, sell goods, solicit for charities,.." I would think this could get dicey, irrespective of city or rurarlity

Absolutely do. I'll even bet there is a means tested case out there already

 

I would think you'd be charged with discharging a firearm within city limits at the very least.

So, in both of your minds, you're just out of luck if someone's dog attacks you? Would I also be charged with a crime if the home owner runs out and attacks me and I shot them?

 

You guys do realize just because you're on someones property doesn't mean you forfeit your right to defend yourself.

Edited October 30, 201510 yr by True blue (and gold)

So, in both of your minds, you're just out of luck if someone's dog attacks you? Would I also be charged with a crime if the home owner runs out and attacks me and I shot them?

 

You guys do realize just because you're on someones property doesn't mean you forfeit your right to defend yourself.

 

You have recourse, just not likely to have immediate recourse like discharging a firearm on someone else's private property. That's where the line is.

 

As far as another human knocking on a door, being attacked by the person inside and the knocker defending themselves, it's probably still up to the courts.

 

While I agree that it doesn't necessarily make sense, the law is a little unclear about what constitutes reasonable cause for use of deadly force when you put yourself into that position. A little different than defending yourself on your own property as opposed to defending yourself when you initiated the contact.

Edited October 30, 201510 yr by True blue (and gold)