Unlawful discahrge in city limits

[rburg]

Back in the 1990s, me'n ole Spot were in prime condition. Every day we'd go for a hike. He loved me getting the leash and taking him out for a couple of hours. But we'd been attacked more than a few times so I carried a cane. One day a dog came out of his garage, across his lawn and the street and wanted a bite of each of us. So I broke the cane right over its head. In all fairness, I hit it as hard as I could. And ole Spot loved the distraction it provided so he lunged forward and bit the dog, just for good measure.

Of course the owner had been watching and came out yelling. And I wasn't in a laughing mood, so I told him to get his dog back on his property. He started to give me some lip, so I told him I'd shove the now broken cane right up where the sun don't shine. Then I turned and walked away. Had I been carrying, I'd have considered shooting the other dog. But I'd have been busted had I done that. No laws against discharging a cane that I know of. Pick your weapon wisely. You may have to use it.

Usually around here the shots fired are at vermin, like Caje's possum. One of the most vile creatures to inhabit our fine city. Worse even than the hillbillies and their black brothers. So when one decided to raid my garbage, I'd just shoot it. A dead possum is a good one. And since they usually come out at night, it presents a terrible problem for the overworked cops. The first indication of a problem is the shot itself. Then the lawbreaker goes back inside quietly. No lights turned on, no real evidence of what happened except a dead critter. And its usually out back where no one goes to look. In fact, the only one who usually knows other than me (the shooter) is my buddy and neighbor. And he's polite and waits a few days to ask what it was that riled me up the other night. No reason to bear a lion in its den.

 

[tops]

I am not a lawyer and only have a 3rd grade education but the noise and no shooting ordinances that I am familiar with have exemptions for defending yourself and killing varmints. Larry

 

[Bert Man]

In the cities I have worked in, as well as most others that I am aware of, the applicable ordinances define the offense as "unlawfully discharging a firearm within city limits and not in necessary self defense." If the firing was legally justified no offense is committed. I suggest each person check the actual wording in their local jurisdiction as it may vary depending upon the location.

 

[Minnehaha]

I'll try to keep it short but I was fined for discharging a firearm while shooting a dog that had bit me while I was walking in the street in the valley. There were no sidewalks and it was common practice to walk on the street and when traffic approached to step off to the side. While coming back from the store a small ankle biter kind of mutt ran out from a yard and bit me quite hard on my leg, drawing blood. I tried to drop kick him but he was mighty spry and dodged my foot and finally left me alone. I continued on home and got more angry as I went. I got in mom's house where I was staying after getting out of the army and knew where she kept her .22 pistol, I checked to see if it was loaded and stuck it in my pants, walked back to the dogs house and out he came for me again, I wasn't anywhere near the house and a good 20 feet from the yard, I shot him twice straight down into the street, left him laying in there and went home, cracked a beer. Thirty minutes later a Sheriff's car pulled into the driveway, he asked me where I had been , etc. I told him my story, showed him my leg. He told me that he was sorry for my injury but was going to have to fine me for discharging a firearm within city limits, then he told me that the owner was very angry and that I might want to go over and tell him why I shot his dog, I told the deputy that was his job I got nothing to say to a *** that would keep a dog around that would bite folks minding their own business.

I think you did the wrong thing here in going back in anger and murdering that poor dog. You should have reported the incident so the authorities could have dealt with the owner, or better yet called your attorney to deal with it. Actions like yours give the anti-gun fanatics examples of irresponsible behavior that require the government to exercise more gun control. Beyond that, the actions of the dog were the fault of the owner, not the dog.

 

[boatme99]

Most of the responses here are from Gun friendly states.
Remember, The OP is in NJ.
In NJ, bb guns are illegal and treated as actual weapons violations, as in jail terms.
This isn't a question to be taken lightly.
I found a site the OP might want to look at.
I make no claims as to the veracity of his info, but it's a place to start:

Criminal Lawyer In NJ - DWI Defense & Trial Attorney

He has a list of gun violations and possible recourses.
Go to "Full site index" and scroll down to "Gun"

 

[4506517]

Most of the responses here are pretty good. In a home invasion situation don't think twice.....protect yourself and your family.

For the dog murderer.....I would have charged you with illegal discharge, damage/destruction of personal property, cruelty to animals, and possibly going armed to the terror of the public. You went back AFTER the fact and shot the dog. I would probably let it slide if you shot him during the initial confrontation. I'd probably go back and tell the owner to consult an attorney in regards to suing you in a civil action for the value of the dog.

Not saying all of these would stick.........

 

[bgrone]

One of the most vile creatures to inhabit our fine city. Worse even than the hillbillies and their black brothers.

 

[Marshwheeling]

I used to have a coon living under my roof. One day I caught her outside. My neighbor, who had been a left-handed pitcher in the Astros' farm system, thought he could dispatch her with a well-thrown hammer. He only succeeded in chasing her off my roof and into a 50-ft. elm.

Another neighbor brought out a single-shot .22 rifle, but he didn't want to shoot it inside the city limits. My coon, my ticket. The first two shots hit the branch she was sitting on. The third dropped her out of the tree.

I figured the shooting would bring the deputies any minute now, but apparently nobody ratted me out; the whole neighborhood was out to watch the spectacle.

 

[Rule3]

There was a recent thread on some guy on the East Coast of Florida that set up a berm in his back yard and was shooting away. Something about the new Law that basically says no State Law shall over ride a Federal law So even if there is a City Ordinance against it, it is not against Federal law. Something like that. Can't recall the whole details

I am not going to be the test case here.

I searched and behold here it is:

http://smith-wessonforum.com/lounge/363445-florida-backyard-shooting-range.html

 

[Kinman]

I guess some of you must be higher evolved or better enlightened than I am.....I remain, The Dog Murderer

 

[boatme99]

I guess some of you must be higher evolved or better enlightened than I am.....I remain, The Dog Murderer

Nah. You simply eliminated a problem that most likely had been going on a long time, that everybody else was afraid to deal with.
I've had to deal with that when living in the country.

I love animals, but a dog that bites indiscriminately is useless and a pest.
To folks that accuse you of going back to "murder" a dog, I ask,do you hunt? Have you scoped out an area for deer then gone back and set up your stand to take your kill? Where's the difference, other than the deer probably didn't bite you?
Where's the line between doggie murder and deer sport?
Personally, I think the Australians have it right. Dogs and cats that aren't pets are game.
Ok, let me have it.

 

[Arik]

I dont see where the dog was bitting indiscriminately. Guy stepped on its property. The difference is that he went back. That to me shows anger issues. Had he shot the dog as it happened it's self defense, but he didn't. Same type of people that get into arguments, leave and come back with a gun and start shooting. He got bit by a little dog.....the horror. Go home call the cops, let them deal with it. The dog is just protecting it's property. The owner should have had a fence But to go back and kill it wrong. To me, my dog is family, shoot it for payback and I see it as shooting my sister or parents

Sent from my SCH-I545 using Tapatalk

 

[islamoradamark]

there was no dog murder the man said the dog was coming at him for another attack he was just defending himself. if u cant keep your agressive dog on a leash or in a fenced area thats the owners fault. he was just simply walking on public land he has the right to protect himself the owner of the dog is lucky he didnt get sued

 

[Arik]

there was no dog murder the man said the dog was coming at him for another attack he was just defending himself. if u cant keep your agressive dog on a leash or in a fenced area thats the owners fault. he was just simply walking on public land he has the right to protect himself the owner of the dog is lucky he didnt get sued

No he went back for it, with a gun. He didn't go to the store and got attacked again, he went with the intention to kill it.

Sent from my SCH-I545 using Tapatalk

 

[gm272gs]

I just don't get the "go home and get the gun and come back to shoot the dog thing".

Other Options:
1. Go home, dress the wound and have a beer.
2. Go home, dress the wound, and then call Animal Control and let them know an unleashed dog bit you, and where to find it.

There is nothing in the definition of "self-defense" that includes "go home, get the gun and come back".

 

[Ilike9mm]

I used to live in high Crime Richmond, CA.

Guy I know...someone was stealing his truck, he went out and put a bullet in the tire. The guy ran off. He needed the truck for his livelihood.

The cops arrested the owner for "discharging a firearm". He got 8 months in County Jail and a $2000 fine. Got beat up, doing time.

They took the gun. He can no longer own firearms. Bad day at Black Rock.

BTW: Richmond CA. Gun fire nitely! July 4th/New Years, sounds like a war zone. People getting shot all over.

Criminals have: Full auto, big mags, ammo - the stupid laws are really solving the crime situation!!!! Just sayin.

 

[shouldazagged]

Going back with a gun to provoke the dog to attack again shows what would be called premeditation in a homicide case, and bump the charge up to the first degree category.

I can see no possible excuse for not letting the animal control people and/or the police handle it. None.

 

[A10]

Kinman, I'm sorry to hear that you were attacked by a little bitty dog. I'm surprised you weren't charged with more.

What would happen if you had gotten punched by a person who was slightly unbalanced. Would you have gone home, gotten a firearm, and gone back to provoke another attack so you could shoot them? I know, dogs ain't people, but the correct course of action to follow would have been to call the cops and report it, and then if you were feeling particularly vengeful contacted a lawyer.

 

[shooter5112]

Most of the responses here are from Gun friendly states.
Remember, The OP is in NJ.
In NJ, bb guns are illegal and treated as actual weapons violations, as in jail terms.
This isn't a question to be taken lightly.
I found a site the OP might want to look at.
I make no claims as to the veracity of his info, but it's a place to start:

Criminal Lawyer In NJ - DWI Defense & Trial Attorney

He has a list of gun violations and possible recourses.
Go to "Full site index" and scroll down to "Gun"

NJ may have some strict gun laws but self-defense there is still alive and well. You will find that those 'no discharge' laws do not apply to lawful self-defense.

 

[bobelk99]

Thanks guys for the free smiles. Some threads just seem to be 'too good to be true' as far as entertainment.