|
|
It is currently Sun Apr 28, 2024 6:50 am
|
View unanswered posts | View active topics
This is a static archive the Twin Cities Carry forum, maintained as a public service by the current forum of record, The Minnesota Carry Forum.
All times are UTC - 6 hours
Deadly Force/Against Who or What?
Author |
Message |
steve4102
|
Post subject: Deadly Force/Against Who or What? Posted: Mon Feb 09, 2009 8:10 pm |
|
Joined: Wed Feb 04, 2009 12:14 am Posts: 10 Location: United States
|
I have a few questions about the use of deadly force.
1. I can use deadly force to protect myself or someone else that is in danger of death or severe bodily harm, but can I use deadly force to protect or save the life of my household pet?
2. Can I use deadly force to protect myself from something other than a human being. A vicious dog for example, or better yet a Federally protected critter like the Timber Wolf?
3 Last, can I used deadly force to protect the life of my family pet from the jaws of a Federally Protected Timber Wolf. Or do I just have to sit back and watch the wolf tear my dog apart?
|
|
|
|
|
Pakrat
|
Post subject: Posted: Mon Feb 09, 2009 8:30 pm |
|
Forum Moderator/<br>AV Geek |
|
Joined: Mon Aug 08, 2005 11:56 am Posts: 2422 Location: Hopkins, MN
|
For #1, I'm going with the safe answer of NO. The possible exception is if you are in your own home, and the pet is worth a ton of money. (do not include emotional distress)
#2, I would take my chances. But, if you are protecting yourself from great bodily harm or death, you should be ok. Take a fine over death any day. Let it gnaw on your arm a little first...
#3, You don't HAVE to watch. See #1 also.
|
|
|
|
|
Mosin
|
Post subject: Posted: Mon Feb 09, 2009 9:13 pm |
|
Eagle-eyed watcher of legislation |
|
Joined: Fri Dec 26, 2008 2:34 pm Posts: 185 Location: Bloomington
|
I've always wondered about this. My neighbor's dog repeatedly gets in our yard, barks at us, and has bitten my son on the leg and a neighbor in the face.
I'm more likely to kick it, hit it with a brick or baseball bat tho than shoot it. But I guess it depends on how bad the attack is.
|
|
|
|
|
Andrew Rothman
|
Post subject: Posted: Mon Feb 09, 2009 9:17 pm |
|
Longtime Regular |
|
Joined: Sun Aug 07, 2005 10:24 am Posts: 6767 Location: Twin Cities
|
|
|
|
|
steve4102
|
Post subject: Posted: Mon Feb 09, 2009 9:40 pm |
|
Joined: Wed Feb 04, 2009 12:14 am Posts: 10 Location: United States
|
347.17 Any person may kill dogs in certain cases.
Any person may kill any dog that the person knows is affected with the disease known as hydrophobia [rabies -AR], or that may suddenly attack while the person is peacefully walking or riding and while being out of the enclosure of its owner or keeper, and may kill any dog found killing, wounding, or worrying any horses, cattle, sheep, lambs, or other domestic animals.
Thanks, this helps a lot. Does this law apply to Wolves as well?
|
|
|
|
|
Mosin
|
Post subject: Posted: Mon Feb 09, 2009 9:41 pm |
|
Eagle-eyed watcher of legislation |
|
Joined: Fri Dec 26, 2008 2:34 pm Posts: 185 Location: Bloomington
|
Andrew Rothman wrote: http://www.twincitiescarry.com/forum/viewtopic.php?t=10653#125900
Wow!
That's what I love about this site...
Thanks
|
|
|
|
|
JGalt
|
Post subject: Posted: Mon Feb 09, 2009 9:42 pm |
|
Senior Member |
|
Joined: Wed Mar 05, 2008 11:47 pm Posts: 174 Location: Wouldn't you like to know...
|
Your family pet will never be attacked, so I wouldn't worry about it. Of course, it is possible that you might be attacked, and your family pet may attempt to intervene in an attempt to defend you, and if the animal attacking you should be injured or killed, so be it...
_________________ "It is only as retaliation that force may be used and only against the man who starts its use. No, I do not share his evil or sink to his concept of morality: I merely grant him his choice, destruction, the only destruction he had a right to choose: his own." - John Galt, from Atlas Shrugged
|
|
|
|
|
Andrew Rothman
|
Post subject: Re: Deadly Force/Against Who or What? Posted: Mon Feb 09, 2009 9:50 pm |
|
Longtime Regular |
|
Joined: Sun Aug 07, 2005 10:24 am Posts: 6767 Location: Twin Cities
|
steve4102 wrote: I have a few questions about the use of deadly force. 1. I can use deadly force to protect myself or someone else that is in danger of death or severe bodily harm, but can I use deadly force to protect or save the life of my household pet? No. Under the law, pets are property, and you usually can't use deadly force to protect property. That said, a person murdering your dog in front of you might reasonably cause you to fear for your own life. steve4102 wrote: 2. Can I use deadly force to protect myself from something other than a human being. A vicious dog for example... Yes. http://www.revisor.leg.state.mn.us/statutes/?id=347.17Quote: 347.17 Any person may kill dogs in certain cases.
Any person may kill any dog that the person knows is affected with the disease known as hydrophobia [rabies -AR], or that may suddenly attack while the person is peacefully walking or riding and while being out of the enclosure of its owner or keeper, and may kill any dog found killing, wounding, or worrying any horses, cattle, sheep, lambs, or other domestic animals. steve4102 wrote: ...or better yet a Federally protected critter like the Timber Wolf? Yes. Thanks to the wackos at HSUS, the US Fish and Wildlife Service was ordered by a federal court to reinstate the Endangered Species Act status of the grey wolf (timber wolf) as of last September. So, per 50 CFR 17.40... Quote: (i) Taking. Except as provided in this paragraph (d)(2)(i) of this section, no person may take a gray wolf in Min- nesota. (A) Any person may take a gray wolf in Minnesota in defense of his own life or the lives of others. (B) Any employee or agent of the Service steve4102 wrote: 3 Last, can I used deadly force to protect the life of my family pet from the jaws of a Federally Protected Timber Wolf. Or do I just have to sit back and watch the wolf tear my dog apart?
You don't have to watch, but, as seen above, you can only kill a wolf to protect a person's life.
_________________ * NRA, UT, MADFI certified Minnesota Permit to Carry instructor, and one of 66,513 law-abiding permit holders. Read my blog.
|
|
|
|
|
kecker
|
Post subject: Posted: Mon Feb 09, 2009 9:58 pm |
|
Longtime Regular |
|
Joined: Tue Jul 15, 2008 9:57 am Posts: 818 Location: Apple Valley, MN
|
In think this case has probably got limited application, which I think is a good thing as it makes it a little easier.
Let's take the scenario where you are truly defending your pet from harm and it's not just because your dog went off half-cocked against someone walking by.
If the other party is in a position to truly kill/seriously injure your dog, chances are they have weapon and you're the next target.
_________________ http://www.eckernet.com My mind is like a steel trap - rusty and illegal in 37 states.
|
|
|
|
|
jenga
|
Post subject: Posted: Mon Feb 09, 2009 10:04 pm |
|
Joined: Sun Feb 03, 2008 1:12 pm Posts: 21
|
Due to the lack of common sense in our new world order, I would employ the 3's if I was out in the woods and a wolf / cougar/ linx/ coyote attacked as it could turn on me just as fast. After all, fido is just the appetizer.
Shoot
Shovel
Shut up
I wonder what qualifies as worrying as in "may kill any dog found killing, wounding, or worrying any horses, cattle, sheep, lambs, or other domestic animals. "
|
|
|
|
|
JimC
|
Post subject: Posted: Mon Feb 09, 2009 10:05 pm |
|
Joined: Sat Jul 22, 2006 4:56 pm Posts: 1109
|
Well if your life is in danger because of a wolf, you're most likely going to protect yourself no matter what the laws say right?
Besides, you'll be in the woods and nobody will hear your shot anyways
steve4102 wrote: 347.17 Any person may kill dogs in certain cases.
Any person may kill any dog that the person knows is affected with the disease known as hydrophobia [rabies -AR], or that may suddenly attack while the person is peacefully walking or riding and while being out of the enclosure of its owner or keeper, and may kill any dog found killing, wounding, or worrying any horses, cattle, sheep, lambs, or other domestic animals.
Thanks, this helps a lot. Does this law apply to Wolves as well?
|
|
|
|
|
Fyrwys
|
Post subject: Posted: Mon Feb 09, 2009 10:20 pm |
|
Senior Member |
|
Joined: Tue Mar 14, 2006 8:03 am Posts: 118 Location: South Metro
|
I'd hate to worry those sheep.
|
|
|
|
|
MostlyHarmless
|
Post subject: Re: Deadly Force/Against Who or What? Posted: Mon Feb 09, 2009 10:21 pm |
|
Senior Member |
|
Joined: Tue Sep 23, 2008 3:24 pm Posts: 471 Location: 12 miles east of Lake Wobegon
|
steve4102 wrote: I have a few questions about the use of deadly force. 1. I can use deadly force to protect myself or someone else that is in danger of death or severe bodily harm, but can I use deadly force to protect or save the life of my household pet?
Deadly force is a concept that is relevant only when said force is applied against a person. The legal concept of deadly force is inoperative when one is, say, shooting at a badger or raccoon. If a person is wringing the neck of your dog, the law would not permit you to shoot them. As it should be. If a raccoon is shredding your dog to bits, you can shoot it, subject to whatever local ordinances there might be regarding the discharge of firearms within your jurisdiction. Quote: 2. Can I use deadly force to protect myself from something other than a human being. A vicious dog for example, or better yet a Federally protected critter like the Timber Wolf?
Again, it's no longer about deadly force. With a dog, vicious or otherwise, legally, they are chattel and generally have the same status as a piece of furniture, beyond some laws regarding cruelty which might apply or not depending on the circumstances. Quote: 3 Last, can I used deadly force to protect the life of my family pet from the jaws of a Federally Protected Timber Wolf. Or do I just have to sit back and watch the wolf tear my dog apart?
Like so many hypothetical scenarios, this one is sufficiently unlikely that it doesn't merit a reply, unless your family pet is a sheep and you live in the arrowhead.
|
|
|
|
|
Mosin
|
Post subject: Re: Deadly Force/Against Who or What? Posted: Mon Feb 09, 2009 10:51 pm |
|
Eagle-eyed watcher of legislation |
|
Joined: Fri Dec 26, 2008 2:34 pm Posts: 185 Location: Bloomington
|
MostlyHarmless wrote: If a raccoon is shredding your dog to bits, you can shoot it, subject to whatever local ordinances there might be regarding the discharge of firearms within your jurisdiction. Quote: In Bloomington
Section 12.36. PROHIBITED ACTIONS. The following actions are prohibited: <...> (d) The discharge or use of a dangerous weapon anywhere within the corporate limits of the City. <...> Section 12.37. EXCEPTIONS. <...> (f) The discharge of any dangerous weapon in the lawful defense of person or property
Interesting that property is included. I wonder what defines lawful...
|
|
|
|
|
steve4102
|
Post subject: Posted: Mon Feb 09, 2009 11:13 pm |
|
Joined: Wed Feb 04, 2009 12:14 am Posts: 10 Location: United States
|
Quote: Besides, you'll be in the woods and nobody will hear your shot anyways True, but many of the Timber Wolves around here have tracking chips embedded in them. If they die or stop moving for any length of time someone will come looking. Quote: Like so many hypothetical scenarios, this one is sufficiently unlikely that it doesn't merit a reply, unless your family pet is a sheep and you live in the arrowhead.
I do live in the Arrowhead, and what makes a sheep any more of a target for a Timber Wolf than a family pet? Maybe you should bring your favorite pooch up here and hook him up to the dog chain in my back yard. We can sit around, drink a few beers and watch the wolves come in. I'll guarantee ya, you will never forget it.
|
|
|
|
|
This is a static archive the Twin Cities Carry forum, maintained as a public service by the current forum of record, The Minnesota Carry Forum.
All times are UTC - 6 hours
Users browsing this forum: No registered users and 127 guests |
|
You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum
|
|
|