To shoot or not to shoot....

[LMB531]

Here's a scenario for you and maybe someone can shed some light for me on the local laws....

I live in Wilmington and was walking my beagle yesterday through my neighborhood as I usually do. A few blocks away 2 adults, 3 small children, and their boxer were in their yard as I walked by. The children asked to pet my dog and I allowed them. The boxer saw my dog and immediately came running over barking to "greet" us. The boxer sniffed my beagle and then proceeded to lunge at her, biting her on the back and causing my beagle to yelp. I had my gun on me, but did not draw because of the small children and owners present. I yelled for the gentleman to come get his dog and he did while apologizing. I just checked my beagle for injuries (which there were none) and left, obviously upset.

In that scenario (or any scenario) where my dog or I am attacked by another dog, will DE law protect me if I shoot the attacking dog? I assume that I would be permitted to draw on or shoot a dog that is attacking, but want to be sure. Thanks in advance for your thoughts!

[czer]

My thought, and it is only a thought, is it would depend on how "provable" the defensive scenario turned out to be. If you shot the dog on their property, then you are in bad shape, even if your dog was attacked, since the dead dog is lying on the owner's property. Does the attacking dog have a reputation for attacking? Does your dog? Is there a leash law in your area requiring dogs to be restrained? Did one of you violate it? And so on. The problem is that dogs will do unpredictable things, no matter how "behaved" they usually are - but the owner is responsible no matter what.

[oldgraygeek]

Having a gun is like having two __________'s:
if you whip out either one of them, people are gonna call 911.

I always preface legal posts with IANAL -- I Am Not A Lawyer -- and, in this situation, the best person to ask about this would be your chosen attorney.
(Of course, I fix my lawyer's computers, and they keep breaking, so I get a lot of free legal advice while I'm geeking).

I'm not sure if you would face criminal liability for defending your dog by shooting another dog, but you could expect two things: terrible press coverage, and civil liability suits. The third possibility, that the dog's owner or their relatives would seek revenge, is also a factor.

Having said that, I know I would shoot to protect either of our cats, and that's why I urge you to ask an attorney about what you might and might not do while armed.
(You do have a lawyer picked out, and the lawyer and their office staff know your name, right? If not, you are unarmed and naked where it really counts).

[LMB531]

To answer a few questions, I did have my dog on her leash and she is a very submissive and small beagle (17 lbs.). The boxer was not on a leash but was in their own yard. The dog always barks a greeting but is usually fenced so the two dogs have never met before.

I absolutely agree about the "bad press" and the consideration of revenge, as I tried to put myself in the owner's shoes as to how I would react if someone shot my dog or if mine attacked another animal or human.

I read in another thread somewhere that a man was walking his dog and a similar situation happened, but the man told the owner "I am armed and I will shoot your dog if it attacks" so then the owner came and got it. I'd rather not "out myself" that way, especially in my own neighborhood either.

As for the lawyer, I'm looking into that. I've seen it posted a few times on the forum and it's something I didn't really consider before, but I do have a few friends in that field so I'll see about their qualifications and specialties for this very purpose. Thanks for the head's up!

[glock9]

Having a gun is like having two __________'s:
if you whip out either one of them, people are gonna call 911.

I always preface legal posts with IANAL -- I Am Not A Lawyer -- and, in this situation, the best person to ask about this would be your chosen attorney.
(Of course, I fix my lawyer's computers, and they keep breaking, so I get a lot of free legal advice while I'm geeking).

I'm not sure if you would face criminal liability for defending your dog by shooting another dog, but you could expect two things: terrible press coverage, and civil liability suits. The third possibility, that the dog's owner or their relatives would seek revenge, is also a factor.

Having said that, I know I would shoot to protect either of our cats, and that's why I urge you to ask an attorney about what you might and might not do while armed.
(You do have a lawyer picked out, and the lawyer and their office staff know your name, right? If not, you are unarmed and naked where it really counts).

do you have a few lawyers you could recomend?

[Johnnyboy]

Read this...

http://delcode.delaware.gov/sessionlaws/ga139/chp431.shtml

[Lumspond]

Thanks for the link to Del code Johnny.
Looks like he would have been lawful shooting the attacking dog, as long as its not on it's own property (roaming), but it's an absolute last choice. There will be differences of opinions from witnesses, so if your dog had no injuries, you'd be in a heap of trouble. I obviously carry while walking my two dogs, and this is something that's always in my head. Dog parks are a whole other story!!!

[Johnnyboy]

You're welcome!

[Sigarms12]

Very good to know.

[LMB531]

Thanks so much for all your feedback and thoughts. It's a heavy thought to weigh all of those factors in one 45 second situations but knowing the law makes me much more comfortable.