can you shoot a dog on your property in colorado

It is at its weakest if you are only defending your property, not your person. CAN I SHOOT A BLACK BEAR OR MOUNTAIN LION IF IT IS ATTACKING MY DOG OR MY LIVESTOCK? This is Colorado’s “Make My Day” law. Aktualności; Usługi; Specjaliści; Galeria; Kontakt; Diety; can you shoot a dog on your property in colorado We are proud to say U.S. LawShield is underwritten by a Fortegra Company in many states. Possible light rain in the morning and afternoon. Lexi certainly isn’t one of them.”. Fortegra Companies are rated A- (Excellent) for financial strength and operating performance by A.M. Best. Also if somebody denies it was (the owner, animal rights groups and other assorted riff-raff) you have the law on your side if you are on your property. I’m going to be searching every square inch of our property for skunks. “You just can’t go off and shoot somebody’s pet without any warning, like knocking pans together, or yelling at them, talking to their owners.”. In terms of what you could be charged with, there’s a litany of charges. Is this a injures, or administers poison to an animal, other than cattle, horses, sheep, swine, or goats, belonging to another without legal authority or the owner's effective consent. That is, whether or not you can shoot a dog or another animal that is about to attack you or do you have to wait for the animal to actually attack you? Jon Jessen shows the entry wound from a .22-caliber rifle near the spine of his dog, Lexi. Click here. They could also face criminal charges, including animal cruelty or criminal property damage. Dr. Nannette Wagner-Lockard, who treated Lexi, said the shooting easily could have killed or paralyzed Lexi, given that the bullet entered near her spine and exited through her belly. “They don’t chain them up. Jessen said the account Penick gave law enforcement made no sense. Now, you would not be able to articulate a reasonable explanation to law enforcement if you were just using deadly force or discharging your firearm to protect your own dog. You could be charged with illegal discharge of a firearm or displaying of a firearm. “But it was blood. An earlier version of this story misstated John Jessen’s relationship with Alicia Coniglio. Statute 33-3-106 • Black bears and mountain lions CAN NOT be destroyed when they are causing damage to personal property, including pets. 9.) In any event you can make that dog be a very expensive pet for its owner but you can't shoot it just because it sets paw on your property. Jessen feared his dog might die after it was shot last week. U.S. LawShield is not a law firm. If you were walking in your neighborhood and a loose dog came out and was threatening you, you would be able to use deadly force to protect yourself against that animal, as long as it was reasonable under the circumstances. Is a new grocery store in Durango’s future? After the shooting, Jessen and his girlfriend, Alicia Coniglio, rushed Lexi to Bayfield Animal Hospital. Civil lawsuits are more successful, he said, citing a 2013 jury that awarded one woman $235 after a man shot and killed her dog after it ran onto his property and killed two of his chickens. Penick said he was glad Lexi had survived. The dog accrued hundreds of dollars in veterinary bills. Immediately, McCauley suspected his neighbor, Larry Penick, had shot Lexi. I want to talk to you today about an issue that has come up quite a bit lately and has become a problem for one of our U.S. LawShield Members in particular. Jon Jessen drove to his friend Patrick McCauley’s house northeast of Durango, bringing with him three beloved dogs and no small amount of auto-mechanic goodwill: McCauley’s 4Runner was having problems, and as a favor, Jessen agreed to take a look at his truck. A few other times just walking down the road they come out and attempt to attack but don't when you are watching them saying NO!! What if another dog attacks your dog (while your dog is either out on a walk with you or your dog is on your own property and said dog enters your property) and is killing your dog. She said Bayfield Animal Hospital gets dogs with bullet injuries several times a year. In the meantime, the men popped the truck’s hood. Updated: Thursday, Feb. 19, 2015 4:03 AM, Gallery: Durango basketball teams take on Centauri, Gallery: Bayfield at Durango girls basketball. “But we’ve had troubles in this area. The law only requires that the threat be imminent, but you must exercise extreme caution if you … This law allows you to defend yourself without retreating from a fight, first. They also told the guy that if you shoot a dog, with or without a collar, you have to report it … Depending on the facts, if you were displaying it to somebody else, you could potentially be charged with menacing. You don’t have to wait for the dog’s teeth to sink in before necessity kicks in. The nearly fatal shooting of a dog last week in La Plata County is raising questions for neighbors and law enforcement about what constitutes animal cruelty in a county where guns and unleashed animals are facts of rural life. The following sections describe the regulations that pertain to certain types of animals. Person convicted could also be made to pay for the cost of care of the animal. You have a right to shoot and kill and animal if it is posing a mortal threat to you or your kids. Last night some of those dogs tore open 3 of my rabbit cages and killed the rabbits. Although most animals people keep as pets are allowed within the City, certain regulations apply to each kind of animal. Doug Richards here for U.S. LawShield of Colorado. If they come back and try to get the rest can I shoot them legally? DurangoHigh School girls and boys basketball teams take on Centauri High School on Tuesday night at DHS. He said he hadn’t tried shooing the dogs away or making a loud noise. Jessen feared Lexi might die. Patla said while dog shootings are not uncommon in La Plata County, it’s rare for authorities to bring animal-cruelty charges. For the next 15 minutes, the dogs roamed out of sight, as Jessen and McCauley busied themselves with the inner workings of McCauley’s grumpy vehicle. ! But there are exceptions—certain circumstances when people have the legal right to kill a dog. It’s gotten kind of out of control.”, Though Skiba photographed blood stains at the Penicks’ house, “on the concrete pad under the second-story deck,” LPCAP concluded “that there was insufficient evidence to show probable cause that animal cruelty was committed.”. An injured red-tailed hawk is captured by a Colorado Parks and Wildlife officer. According to the La Plata County Animal Protection incident report that evening, McCauley told officer Gary Skiba that “Penick had made multiple threats in the past, stating that dogs and even people might get shot if they were on his property or if people were using ATVs on the subdivision roads.”. Under Colorado law, there’s no specific statute that allows you to discharge a firearm on any animal that’s either attacking you or attacking your dog. What’s better, a cupcake or a gluten-free cupcake? I saw the other dog standing there, so I shot a second time into the dirt bank to scare them off.”. According to La Plata County Code, people have the right to shoot dogs “when no other means can reasonably be employed to prevent death, injury or damage to ... persons, livestock, wildlife or property.”, Durango lawyer Kate Burke, who specializes in animal law, said “people seem to believe that if a dog is on your property, you can shoot it. In an interview, Penick told the Herald that he is a dog-lover, and he shot his gun only to scare the dogs away. Jon Jessen, together with his pit bull mix, Lexi, at his Durango home, days after Lexi was shot while running off leash in La Plata County. (6) Nothing in this section shall be construed to: (a) Affect any other cause of action predicated on other negligence, intentional tort, outrageous conduct, or other theories; However, police say it depends on the situation as to when you can kill an animal. Reply Link. But the fourth, Lexi – a 6-year-old pit bull mix belonging to Jessen’s girlfriend – was covered with a dark, slippery wetness. On arriving at Chelsey Acres on Florida Road (County Road 240) last Monday, Jessen let his three dogs bound out of the car. It ran around me and towards the road. Colorado follows “Stand Your Ground” law. “I didn’t mean to kill any dogs,” he said. (Found this article, after first researching rabies from the Colorado P & W site.). Report a paper delivery issue/suspend delivery. Sign up for our daily email newsletter or to receive breaking news delivered to your inbox: Choose from several print and digital subscription packages, © 1996–2021 Durango Herald | Ballantine Communications, Inc. All Rights Reserved. In fact, technically speaking a homeowner doesn't have per se right to shoot even a thief. If the animal isn't a threat, police ask that you call 911. Everyday Heroes and Your Home Defense Guide to Calling 911, Larceny, Robbery, & Burglary: 3 Perils of Shopping | California, Theft, Robbery, & Burglary: 3 Perils of Shopping | Illinois, Theft & Robbery: 2 Perils of Shopping | Pennsylvania. All legal services are provided by independent, third-party program attorneys who are part of the Program. However, if you could articulate that you were in fear that the attacking animal was going to turn its attention and aggression towards you, then you would be able to assert the use of deadly force in self-defense. Shelley wishes his neighbor would have called him. 1.3 Stand Your Ground law. The Durango Demons and Bayfield Wolverines girls basketball teams started the 2021 season on Tuesday afternoon at Durango High School. So, if a dog is about to attack you or another person, you can rely on necessity to shoot that dog. By law, a livestock (e.g., hog or cattle) or poultry owner, or his agent, who observes a dog pursuing or worrying his animals, may kill the dog without civil or criminal liability (CGS § 22-358). Can I shoot a dog if it is on my property and killing my animals? Intentionally torturing a dog or cat is a Class C Felony punishable with a fine of up to $5,000 and/or imprisonment up to 10 years. Whether or not you’ve done this or not in a criminal form. Whether it's legal to shoot or kill trespassers is one of our most common property law questions. Under Colorado law, there’s no specific statute that allows you to discharge a firearm on any animal that’s either attacking you or attacking your dog. Getting your license back with the Sheriff is an administrative process. | Terms of Use | Privacy Policy. Sherry, who was at the interview, said Larry had “shot into the air.”, At this point, according to the incident report, Larry Penick “corrected his wife, saying he had shot into a dirt bank,” and, “if I hit a dog, it would have been a miracle.”. A Colorado man fatally shot his neighbor's dog on Saturday after it had jumped a fence and attacked his own canine, authorities said. The arrest shows that you can't shoot a dog just because it doesn't belong on your property. And we’ve had situations where clients are acquitted or the charges are dismissed, and then we’ve got to go back to the sheriff and try to get their license back, their CCW back. “It all happened so fast. Likewise those construction folks likely are doing work for a company that has a legal easement, that is the right to legally enter and work upon your land to do what they are doing. A person commit… They say if it threatens your life or others, then you're within the law. “I chased after them. Sign up for text alerts on your mobile phone. If a dog belonging to somewhere else enters a farmer’s land, it amounts to trespass. And there are dogs I would put into the aggressive category. Can you shoot that other dog to stop it from killing your dog? The first three were fine. Some of these exceptions are written into state and local laws, while courts have recognized others. What one person may perceive as threatening behavior, I just may see a dog being a dog.”. I have run them off several time. Instead, we have something called the choice of evils. Proposed Durango lodgers tax increase to make April ballot, Avalanche danger suspends search for missing skiers near Silverton, 8th Ave. Tavern shooting suspect faces seven counts of attempted murder, Suspects arrested at gunpoint face charges, Durango police say, Our View: Good customer service is literally remarkable. He called the game commission and the people there told them point-blank that if you see a dog chasing deer on your property, not only should you shoot the dog but you have an obligation to do so. If these dogs you are dealing with just seem to be strays or simply wandering the neighborhood, then there is a presumption that someone owns the dog -- even if you don't know who the owner is --- and you could be charged with animal cruelty if you shoot them. He said one dog, which he described as a “mongrel looking” and “speckly,” attacked Sherry and his cats. My thoughts are what if a skunk is rabid, do I have a legal right to shoot a skunk if I have reason to believe it has rabies & is showing signs of agression. (f) While the dog is working as a hunting dog, herding dog, farm or ranch dog, or predator control dog on the property of or under the control of the dog's owner. Your ability to use deadly force is at its peak if you are in your home. Seconds after Jessen and McCauley heard the gunfire, the dogs came running back. There are several doogs in the neighborhood that roam at night. And that can be more difficult than you would imagine because the sheriff isn’t necessarily bound by the same burden of proof that the DA is bound by, when they are trying to prove this. “Sometimes, it’s because dogs were chasing ranchers’ livestock. This is true even though you may have been violating a leash law by allowing your dog to wander onto your neighbor's property. But unless your dog was posing an immediate threat, there was probably no legal justification for shooting her. I turned and shot into the ground to scare it off. Sanus. Learn how your comment data is processed. The sheriffs in my experience, really take the offense reports and whatever’s been written in those offense reports as gospel. Ok the neighbor is an animal rescue lady however they are so overwelmed with dogs that some run free other day two tried to sneak up on me and bite me. Wagner-Lockhard said in terms of temperament, Lexi is a sweet, friendly dog who is calm with strangers. There is no real necessity defense or affirmative defense in Colorado. Can you shoot a dog on your property? They went over the side of the hill, so I went back towards the truck to check on Sherry.”, Then, “(I) heard a dog behind me. Membership in the U.S. LawShield Legal Defense for Self-Defense Program is not a guarantee of any particular outcome. And while we normally don't think of animal trespassers in this light, perhaps we should. Dog or MY livestock rated A- ( Excellent ) for financial strength and operating performance by Best. Teams started the 2021 season on Tuesday night at DHS dollars in veterinary.! Black bears and MOUNTAIN lions can not be destroyed when they are causing to! 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