Arlington, CO asked in Animal / Dog Law for Colorado

Q: While walking her leashed dog in a public park, her dog was attacked by a pitbull who was on a retractable leash.

Wheelchair bound pitbull owner was was incapable of controlling it. I told the 70 year old lady of the victim dog I would have shot the pitbull rather than tackle it and roll on the ground like she did. Would it have been a lawful shoot?

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2 Lawyer Answers
Kristina M. Bergsten
PREMIUM
Answered

A: Technically, yes, if the dog was charging at a person; since the dog was close to the owner, it would could be argued that a person shot the dog to protect the human rather than the dog. Although, responsible gun ownership would probably dictate against engaging a firearm in such close proximity to people.

A: Really, you would consider shooting a wheelchair bound person's dog in a public park where an elderly woman was in the mix? You very possibly could have been charged with felony animal abuse, reckless endangerment and unlawful discharge of a firearm unless you could prove a human's life was in danger. Defense of property typically only applies when the dog is attacking livestock, not another dog. Shooting a dog is virtually NEVER the right answer to stopping a dog fight.

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