bulpup 98 Posted April 12, 2010 What a strange way to get into this topic. We are new to the area and started talking to our realtor. She mentioned bears out by her. My wife, being one who doesn't like being mauled by anything outside her species, asked if we should worry about them where we live. The answer was that if there is anything to fear from the wildlife it would be in the form of a rabid raccoon since she had heard of a few instances. Then she told us "the one time we saw a rabid raccoon we called the police and he thought the best thing to do was to shoot it. He had to call his headquarters and let them know he would be discharging his firearm then we went inside and he shot it." So my wife is smart enough not to mention to anyone that we own couple of pistols, but she did ask me later, " I guess if we ever saw a rabid animal you could just shoot it?" I don't think that is the case, especially if I am not in danger. But what would or could I do? I think it is obvious that things turned out okay for the people that called the police and had them take care of it. I guess the only reason I ask is because if my wife is looking at a plus side to owning the handguns I want to make sure I can build on that rather than face the dreaded "you own these pistols and you can't even shoot a raccoon with it? What good are they?" Plus I am the kind of guy that like to play these things out in my mind just so it doesn't catch me of guard if it comes to this. The scenario being there is a rabid animal scaring my wife. She wants me to shoot it. I tell her I can't because.........why? Anyway, the question is what can or should I do in such a case? My gut tells me to take the animal out and end the issue as quickly as possible. But life in New Jersey leads me to believe I could lose my permits and my handguns and my security clearance for doing so. What is the answer? Quote Share this post Link to post Share on other sites
Malsua 1,422 Posted April 12, 2010 If the animal is an immediate threat in your home, you can shoot and kill it. If it is outside, call the police. Just for what it's worth, my assembly woman, Alison McHose is sponsoring a bill " A1660 Permits use of deadly force against black bears in certain cases" This is the 2008 legislature so I'm not sure if it still has a chance at life or is being re-introduced. Think of it as a stand your ground law VS bears on your property when animals or humans are threatened within 50 feet of your dwelling. (Sponsorship Updated As Of: 11/24/2009) ASSEMBLY, No. 1660 STATE OF NEW JERSEY 213th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2008 SESSION Sponsored by: Assemblywoman ALISON LITTELL MCHOSE District 24 (Sussex, Hunterdon and Morris) Assemblyman GARY R. CHIUSANO District 24 (Sussex, Hunterdon and Morris) Co-Sponsored by: Assemblymen Doherty, Merkt and DiMaio SYNOPSIS Permits use of deadly force against black bears in certain cases. CURRENT VERSION OF TEXT Introduced Pending Technical Review by Legislative Counsel A1660 MCHOSE, CHIUSANO 2 AN ACT concerning black bears and t 1 he lawful use of deadly force, 2 and supplementing chapter 4 of Title 23 of the Revised Statutes. 3 4 BE IT ENACTED by the Senate and General Assembly of the State 5 of New Jersey: 6 7 1. a. In addition to the lawful taking of a black bear by a 8 licensed hunter during authorized times as fixed by the provisions 9 of the State Fish and Game Code, the use of deadly force upon or 10 toward a black bear is justified when the black bear: 11 (1) is attacking any person or domesticated animal; 12 (2) is entering or has entered the actor's dwelling or the dwelling 13 of a third party; or 14 (3) within 50 feet of the actor's dwelling or the dwelling of a 15 third party and, based upon the black bear's actions or behavior, the 16 actor reasonably believes that the use of deadly force is necessary to 17 protect himself or to protect a third party from a substantial danger 18 of bodily harm. 19 b. Nothing in this section shall be construed to prevent any State 20 or local law enforcement officer or any duly authorized personnel 21 of the New Jersey Division of Fish and Wildlife from using deadly 22 force during the performance of their official duties to dispatch any 23 injured or dangerous black bear. 24 25 2. This act shall take effect immediately. 26 27 28 STATEMENT 29 30 This bill sets forth grounds for the lawful use of deadly force 31 against black bears. 32 Under the provisions of the bill, a person may use deadly force if 33 the black bear (1) is attacking a person or domesticated animal, (2) 34 is entering or has entered a dwelling or (3) is within 50 feet of a 35 dwelling and, based upon the black bear's actions or behavior, the 36 person reasonably believes that the use of deadly force is necessary 37 to protect himself or another from a substantial danger of bodily 38 harm. 39 The restrictions set forth in the bill do not apply to licensed 40 hunters during any authorized hunting season. 41 Similarly, the bill's provisions do not apply to State or local law 42 enforcement officers or to duly authorized personnel of the New 43 Jersey Division of Fish and Wildlife who, in the course of 44 performing their official duties, must use deadly force to dispatch 45 any injured or dangerous black bear. Quote Share this post Link to post Share on other sites
SpecOps2087 3 Posted April 12, 2010 This happened to us unfortunatly. Had a racoon in our yard during the day (not typical, they are nocturnal) so we called the police to kill it. They said call animal control, guess what, animal control said to call the police. After going back and forth we ended up having to kill it ourselves. If we had a gun, I would have shot the poor thing instead of having to melee it to death Quote Share this post Link to post Share on other sites
bbk 188 Posted April 12, 2010 I guess I'm fortunate enough to have a competent animal control department. Bad part is that its like two people, and the department covers two townships-- so, they're always a bit hard to reach (though, by calling my local PD, they can contact them directly-- and have). While I haven't dealt with rabid animals, when the economy hit my area, a lot of pet owners let their cats and dogs go... had a good number of strays. I must have called animal control a handful of times within a two week stretch. They responded fairly quickly every time; I can't complain. Quote Share this post Link to post Share on other sites
bulpup 98 Posted April 13, 2010 This happened to us unfortunatly. Had a racoon in our yard during the day (not typical, they are nocturnal) so we called the police to kill it. They said call animal control, guess what, animal control said to call the police. After going back and forth we ended up having to kill it ourselves. If we had a gun, I would have shot the poor thing instead of having to melee it to death Thanks for the answers. This one caught my eye. It might be academic to discuss this but I like to work these things through for a bit so I don't have to when the Sit hits the fan. I would think that if it came to this I would tell them "Well you should know that means I am going to shoot it with my pistol because I am not going to get close a wild animal with rabies." I would bet they would come quite quickly. Quote Share this post Link to post Share on other sites
SpecOps2087 3 Posted April 13, 2010 Trust me, if I owned a firearm at the time I would have said that. I'm sure the police would come then Quote Share this post Link to post Share on other sites
Urban Grunt 44 Posted April 13, 2010 I guess a number of factors will apply here. 1. where you live,city/country setting ect. 2.your neighbours. 3.your police/animal control. 4.township. Where i live we have 0 problems putting down a pest/varmit/rabid animal. Quote Share this post Link to post Share on other sites
KpdPipes 388 Posted April 13, 2010 This happened to us unfortunatly. Had a racoon in our yard during the day (not typical, they are nocturnal) so we called the police to kill it. They said call animal control, guess what, animal control said to call the police. After going back and forth we ended up having to kill it ourselves. If we had a gun, I would have shot the poor thing instead of having to melee it to death Thanks for the answers. This one caught my eye. It might be academic to discuss this but I like to work these things through for a bit so I don't have to when the Sit hits the fan. I would think that if it came to this I would tell them "Well you should know that means I am going to shoot it with my pistol because I am not going to get close a wild animal with rabies." I would bet they would come quite quickly. Problem with that is, if your town has a "No Discharge within Limits" Ordinance, you'll get your ass jammed up. Quote Share this post Link to post Share on other sites
coldsolderjoint 84 Posted April 13, 2010 This happened to us unfortunatly. Had a racoon in our yard during the day (not typical, they are nocturnal) so we called the police to kill it. They said call animal control, guess what, animal control said to call the police. After going back and forth we ended up having to kill it ourselves. If we had a gun, I would have shot the poor thing instead of having to melee it to death Thanks for the answers. This one caught my eye. It might be academic to discuss this but I like to work these things through for a bit so I don't have to when the Sit hits the fan. I would think that if it came to this I would tell them "Well you should know that means I am going to shoot it with my pistol because I am not going to get close a wild animal with rabies." I would bet they would come quite quickly. Problem with that is, if your town has a "No Discharge within Limits" Ordinance, you'll get your a** jammed up. Just for point of discussion, would the "No Discharge Law" apply if the animal (say a bear) was actively endangering life. Or say.. (god forbid).. a Self Defense shooting (on your own property/in your house of course).. would the no-discharge law apply? Quote Share this post Link to post Share on other sites
KpdPipes 388 Posted April 13, 2010 This happened to us unfortunatly. Had a racoon in our yard during the day (not typical, they are nocturnal) so we called the police to kill it. They said call animal control, guess what, animal control said to call the police. After going back and forth we ended up having to kill it ourselves. If we had a gun, I would have shot the poor thing instead of having to melee it to death Thanks for the answers. This one caught my eye. It might be academic to discuss this but I like to work these things through for a bit so I don't have to when the Sit hits the fan. I would think that if it came to this I would tell them "Well you should know that means I am going to shoot it with my pistol because I am not going to get close a wild animal with rabies." I would bet they would come quite quickly. Problem with that is, if your town has a "No Discharge within Limits" Ordinance, you'll get your a** jammed up. Just for point of discussion, would the "No Discharge Law" apply if the animal (say a bear) was actively endangering life. Or say.. (god forbid).. a Self Defense shooting (on your own property/in your house of course).. would the no-discharge law apply? My PERSONAL Opinion is that it would not apply in those cases, problem is that a Rabid Raccoon, or Possum in your yard, isnt the same as a hungry bear/junky breaking your door down. But then again MY opinion is pretty much the opposite of most lawmakers in this state, so YMMV. Quote Share this post Link to post Share on other sites
bulpup 98 Posted April 14, 2010 This happened to us unfortunatly. Had a racoon in our yard during the day (not typical, they are nocturnal) so we called the police to kill it. They said call animal control, guess what, animal control said to call the police. After going back and forth we ended up having to kill it ourselves. If we had a gun, I would have shot the poor thing instead of having to melee it to death Thanks for the answers. This one caught my eye. It might be academic to discuss this but I like to work these things through for a bit so I don't have to when the Sit hits the fan. I would think that if it came to this I would tell them "Well you should know that means I am going to shoot it with my pistol because I am not going to get close a wild animal with rabies." I would bet they would come quite quickly. Problem with that is, if your town has a "No Discharge within Limits" Ordinance, you'll get your a** jammed up. I think the point we were discussing is, if you were told to or infered that you had to kill the animal because the police and animal control were busy and you said to them "I am going to shoot it," instead of just doing it, you would be told not to. They would then show up post haste. Quote Share this post Link to post Share on other sites