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It can be both, so discretion is advised along with a thorough knowledge of local laws. This no doubt differs from State to State so be wary of generalities on issues like this.
I do not condone openly breaking the law, but for those who choose to protect their flock as opposed to watching a predator systematically destroy your investment, I would counsel you to know your neighbors, and be smart about the choices of action that you make. If one had to dispose of a varmint in the back yard it is wise to do such things discretely and as quietly as possible and out of public view. In the City an air rifle makes little noise, where discharging the 12 Gauge will no doubt draw much unwanted attention not to mention immediate disapproval from many quarters...
Choose your battles, the tools you use, and where and when you use them, carefully.
Thats why I mention using a bow. Its silent.
The other option, is to set up an area that is screened from the neighbors, get a good snare, and some chicken from the store to bait it with.
You can then dispatch the fox quietly, and take it away by night.