Delaware Concealed Carry Forum
CCW Methods & Issues => General CCW Discussion => Topic started by: Obleo on December 05, 2012, 02:19:24 PM
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First, I made an effort to title this post so as to not draw knee jerk mouse clicks. Like using the name “Hooters” in some sentence. (Bang. Thousands of hits!) But this is an important question to me.
I live in an area that has access to walkways that are proximate to private property and homeowners. Some areas are perfect for walking dogs and some homeowners let their animals run free. Some are vicious, poorly trained (dogs and owners) and I have seen them charge, attack and menace others.
Since news stories always skip over human fatalities if animal fatalities are involved, how do the member’s here think this can be handled should deadly force be considered?
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It is illegal to let dogs run loose anywhere in Delaware. All dogs must be in a pen,. fence, or on a restraint. Such as a chain, rope, or leash . Dogs ruinning loose, and any damage, or injuries they cause are the direct responsibility of their owners.
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It is also legal to shoot any licensed dog, which attacks, but only if it attacks.
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This might help.
"*1709. Injuring or killing dogs for certain acts.
(a) Any police officer, constable or dog warden who finds a dog running at large and deems such dog to be an immediate threat to the public health and welfare may kill such dog.
(b) Any person may injure or kill a dog in self-defense or to protect livestock, poultry or another human being at the time such dog is attacking such livestock, poultry or human being.
(c) Any person may injure or kill a dog at the time such dog is wounding another dog if the dog being wounded is on the property of its owner or under the immediate control of its owner and being wounded by a dog that is running at large.
(d) Any person who injures or kills any dog in accordance with the provisions of this section shall not be held criminally or civilly liable therefor."
http://delcode.delaware.gov/sessionlaws/ga139/chp431.shtml (http://delcode.delaware.gov/sessionlaws/ga139/chp431.shtml)
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This is very good to know as I have 4 children who play outside and have seen numerous loose dogs (including pit bulls) around our neighborhood.
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Hawkeye: Thank you. Your resourcefulness is amazing.
It’s on every individual to decide if an animal is a direct threat endangering your health and safety. It’s good to know the law provides protections for those put in those circumstances.
The courts are packed with dog bite cases but that’s just looking for damages after the fact. I’m more inclined to make sure there are no damages in the first place.
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Good thread Obleo, thank you.
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I've told this at length in another thread, but the closest I came to drawing & firing my Glock was when a big dog pulled loose from its owner and jumped up barking and snapping at my wife.
One bite, and that poor puppy would have had eleven 10mm holes in him. Glad that didn't happen.
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I think it's like any other situation. Timing, location, is deadly force needed? A friend was driving on Rt 8 in Dover and was hit by a deer. The poor thing was still alive and the CC driver thought to shoot it, but instead waited for the police. When they arrived they took care of it but thanked the drivier for waiting. Since it was so close to other houses it would have created a lot of paperwork. I would say if there is an immediate threat, then go ahead. If you can walk away that is better. Besides, some dogs are all bark and a in reality scaredy cats.