Chicken owner charged after shooting dog.

[invalidsession]

Quote:
Chris, though I agree with you 100%, states and local communities can make their own laws descriptions of firearms. A few years back the police in Durham NC arrested two youths for discharging firearms. The firearms in question were paintball guns they were shooting at each other on their own property.

Even in Mr. Harris case had he discharged a firearm, by SCOTUS he has the the right to violate laws and ordinances to defend his family and property. We will have to see how far Mr. Harris is willing to take this if it should go awry. I will try to find the ruling, it actually had to do with a felon using a firearm to defend his family and was then charged. Any jurisdiction cannot use laws to remove your basic rights to self defense and protection of property.

I kinda figured that a local bylaw would have superceded the dictionary defenition but I thought it might be worth a shot to assist the hapless Mr Harris in his defence.
"The law sir, is an ass"( Charles Dickens.)

Chris.

 

[keystonepaul]

Sorry if I ruffled any feathers- No I don't think I singled anyone out. I mentioned things that have been discussed here on the forum, not who posted them and for that matter whether I agree with them or not. Nothing was twisted to suit my agenda- they are what they are- just a short list of what's been suggested and discussed and accepted here on BYC, While I don't think it's my "agenda" I would like to see BYC not contribute to chicken owners being looked at and perhaps impacted negatively. I think Mr. Harris's case has the potential to send some groups, from the media to animal rights groups, etc, etc searching for ammunition to support thier positions things accepted and allowed on the Predator and Pest forum often give them plenty of ammunition to build a disturbingly negative case about what chicken owners are about. Keytstonepaul

 

[The Chicken Lady]

Don't worry too much about it, Paul. Thanks for clarifying your intent. We're all learning and growing together here, and I like to assume that each of us is doing the best he (or she) can.

 

[NMbirds]

In summary, it seems that it makes good sense to know fully the local laws and ordinances, who has jurisdiction - city, county, state - for there are cases where these laws are even in conflict with themselves and one may have to appeal to a higher court. But, being fully prepared ahead of time at least gives you the advantage of having the law on your side when there is a conflict.
Shooting a neighbor''s dog (or cat) may be justified, even legal, but it can sure cause havoc in the neighborhood. There are other avenues of resistance and disposition of pests, predators and unwanted intruders and I leave it to your creative imagination to come up with your own home made remedies. I cannot publish these here lest I be accused of cruelty when that is not my intent. In fact, I am a proponent of the humane treatment of all animals including euthanasia, translated literally from the Greek as "good death."

 

[cmjust0]

Quote:
You left out one very important word...lawful....as in, "if you are lawfully protecting your property."

Redmond city code
...

2. The provisions of this section shall not be construed to prohibit firing or discharging any weapon by any person in the lawful defense or protection of his property, person or family or at any duly licensed firing range.

Remember...there's a state law that specifically makes it unlawful to kill a dog in the defense of chickens within city limits.

As such, depending on how the judge views it, I think this really could go either way.


Jody...you said something earlier that interested me, though..you mentioned that Mr. Harris also had turkeys. 609.150(3) mentions chickens, specifically -- not turkeys.

Sooooooooooooo, is it lawful to kill a dog in defense of turkeys within city limits? I always kinda consider everything to be legal unless otherwise stated....which, of course, begs the next question: are Mr. Harris's turkeys legal to begin with?

If not...square one (perhaps even minus a half step

).

If so...could be an interesting defense!​

 

[FrenchHen]

Time for a little levity...

Anyone imagining a new Law & Order series?

Law & Order: Small Town Unit.

chung, chung.

ETC: brevity is not the word I meant, I meant levity...

 

[horsejody]

Quote:
You left out one very important word...lawful....as in, "if you are lawfully protecting your property."

Redmond city code
...

2. The provisions of this section shall not be construed to prohibit firing or discharging any weapon by any person in the lawful defense or protection of his property, person or family or at any duly licensed firing range.

Remember...there's a state law that specifically makes it unlawful to kill a dog in the defense of chickens within city limits.

As such, depending on how the judge views it, I think this really could go either way.


Jody...you said something earlier that interested me, though..you mentioned that Mr. Harris also had turkeys. 609.150(3) mentions chickens, specifically -- not turkeys.

Sooooooooooooo, is it lawful to kill a dog in defense of turkeys within city limits? I always kinda consider everything to be legal unless otherwise stated....which, of course, begs the next question: are Mr. Harris's turkeys legal to begin with?

If not...square one (perhaps even minus a half step

).

If so...could be an interesting defense!​

I am sure that all things are being considered by Mr. Harris and his attorney.

 

[horsejody]

Quote:
That would be cool. They would have to use my county though because the Sheriff's Dept is really good, and they like chicken people. Once they even uncovered a "mini-conspiracy " within their own ranks when my daughter was run over in a supermarket parking lot by a senile old woman that happened to be related to an officer.

 

[cmjust0]

No, wait! I've got it!

Law & Order: Small Town Unit.
{bawk b'GAWK!}

 

[JennsPeeps]

With a pending case against him, it's smart on Mr. Harris' part not to have posted, though I'm sure he's itching to share his side. I've been watching this thread closely.