Note to self, in N.H. do not put your own dog down

[bulpup 98]

BC-NH--Dog Killed-Bite,133
Man charged with killing family dog after bite to 4-year-old
Eds: APNewsNow.
  ROCHESTER, N.H. (AP) -- Police say a 33-year-old man killed the family dog after it bit a 4-year-old boy.
  Foster's Daily Democrat reports (http://bit.ly/1KeDnBt ) the boy was playing with the dog in a Rochester apartment around 6 p.m. Monday when he was bitten on top of the head.
  Police say Lee Thurston, the dog's owner, put the animal in a kennel and shot it with a hunting rifle.
  First responders examined the boy; he was not hospitalized.
  Thurston was charged with felony counts of reckless conduct and cruelty to animals, and unauthorized use of a firearm, a violation.
  A phone number listed in his name was out of service Tuesday. He was released on $5,000 bail and is scheduled to return to court April 20. It could not immediately be learned if he had a lawyer.
  AP-WF-03-03-15 2103GMT

[T Bill 649]

Well do ya think it was a little extreme? 

[jackandjill 683]

RIP, the Dog. Call me tree hugger.

 

If the dog was so vicious, where was the time for owner to put it in a kennel and shoot ?  You cannot claim self defense or fear for life if you kill someone (or something) at a predesignated spot.

 

For me it shows ridiculously poor temper on owner's part.

[Vlad G 345]

What is an unauthorized use of a firearm?

[PD2K 115]

Sorry but that's f'ed-up he shot the dog.

[fishnut 2,358]

kid was not even hospitalized. F him I hope he get convicted of everything. Strange fact, In nj you are allowed to shoot your own dog in the head with a 22 rifle to euthanize it as long as your not in a no discharge zone, but in PA it is illegal to euthanize your own dog with a firearm.

[EWC88 24]

Agree with above that it was f'ed up. They do not label the type of play was going on, plus if it was vicious the dog would of attacked before. R.I.P. Dog and you got what you deserve and hopefully worse Lee.

[louu 399]

I wasn't there and I don't know this guy so I really shouldn't say anything bad about him (like some on this forum do) but he probably should have done a better job training/raising the dog. 

[maintenanceguy 510]

I guess I have the dissenting opinion but I'm not having an animal around that I know has already bitten my kids.  I have no problem with this guy putting the dog down.   This is no less humane than the way it would be done at the vet or animal shelter.

[Heavyopp 167]

No question -- I turn around and my dog has my kids head in his mouth he is gone -- right then, out back and shot -- I can get another dog...

 

I would never be able to turn my back on that dog again

[diamondd817 828]

Cops shoot people's dog for less than that all the time. How come they don't get charged?

[mipafox 438]

"Live Free or Die?"

 

Guess not.

 

There is zero reason you shouldn't kill your own dog. That is the best way to deal with such situations. It's better than taking it to a vet to scare the living shit out of it in a death march with a bunch of strangers, and certainly better than passing the problem on to somebody else. I assume most of you have watched your dog shiver half to death for an hour or two during the process of taking it to the vet and having strangers kill it under the most frightening circumstances possible for the dog. We all have. Your dog would rather die fighting another animal than that way. Because you are requiring it to submit to death, as the pack leader, and that is against it's nature.

 

If you ever cared about it, then take care of it.

[mipafox 438]

 

kid was not even hospitalized. F him I hope he get convicted of everything. Strange fact, In nj you are allowed to shoot your own dog in the head with a 22 rifle to euthanize it as long as your not in a no discharge zone, but in PA it is illegal to euthanize your own dog with a firearm.

 

 

Never heard of that law, but in PA it is legal to shoot a dog for almost any reason.

 

§ 459-501. Killing dogs; dogs as nuisances

 

(a) Legal to kill certain dogs.--Any person may kill any dog which he sees in the act of pursuing or wounding or killing any domestic animal, wounding or killing other dogs, cats or household pets, or pursuing, wounding or attacking human beings, whether or not such a dog bears the license tag required by the provisions of this act. There shall be no liability on such persons in damages or otherwise for such killing.

 

(b) Private nuisance.--Any dog that enters any field or enclosure where domestic animals are confined, provided that the enclosure is adequate for the purpose intended, shall constitute a private nuisance, and the owner or tenant of such field, or their agent or servant, may detain such dog and turn it over to the local police authority or State dog warden or employee of the department. While so detained, the dog shall be treated in a humane manner.

 

© Licensed dogs not included.--Licensed dogs, when accompanied by their owner or handler, shall not be included under the provisions of this section unless caught in the act of pursuing, wounding or killing any domestic animal, wounding or killing any dogs, cats or household pets, or pursuing, wounding or attacking human beings.

 

(d) Repealed by 1990, May 31, P.L. 213, No. 46, effective in 60 days.

If a dog comes at you or anyone then you can shoot it in PA. If it goes after your dog you can shoot it. If it goes after game or your livestock you can shoot it.

 

People in Philly, of all places, are routinely let off for shooting dogs that didn't even scratch them.

[Howard 538]

Totally screwed up, and I am a dog lover.  So it is illegal to kill your dog yourself, yet legal to take it to the vet and have them kill it, makes no sense.  Further in most states pets are considered Chattel and you cannot sue for damages if they are harmed except for the replacement value of a dog as they are property.  Last I checked you had a right to destroy your property.  Our governments have really gone crazy.

[Jon 264]

Things do not appear as they seem... 

 

 

 

Ok since this shit hit the news, Liam did not get bit, he was rough housing with side and banged his head. I don't know what the matter was with Lee. He lost it. He is now at the hospital being admitted for his mental state. The kids and I are fine. Please do not bombarded me with phone calls and messages.

 

https://www.facebook.com/crystal.thurston1

[maintenanceguy 510]

Amazing what personal business people will put on facebook for the world to see.

[fishnut 2,358]

   

 

Never heard of that law, but in PA it is legal to shoot a dog for almost any reason.

That law would not apply in this case because the attack was not actively occurring. it was already over and done with and the dog was secured. Also your law dose not show where it is legal to shoot your dog to euthanize it due to a medical condition such as cancer because its not legal in PA but it is in NJ.

[mipafox 438]

That law would not apply in this case because the attack was not actively occurring. it was already over and done with and the dog was secured. Also your law dose not show where it is legal to shoot your dog to euthanize it due to a medical condition such as cancer because its not legal in PA but it is in NJ.

You are the only person that has heard of it, because people do it all the time. And even if I knew of such a law I would still do it.

 

Do you have a citation for this law?

[fishnut 2,358]

the law you quoted states the only legal allowances to shooting a dog in PA. You can only shoot a domestic animal if it is attacking a person or another domestic animal while the attack is going on. as soon as the attack stops you do not have the right to shoot the animal. also your getting defense and euthanasia confused. if the dog is attacking a person or domestic animal you have the right to defend your self or another person but if your dog is dyeing of cancer you do not have the right to shoot it in PA. I do not have a citation of the law but ill see if my boss has it. Do you have a citation of a law that allows you to euthanize a dog (that is not attacking someone or something) with a firearm in PA? People commit murder all the time, does that make it legal if allot of people do it?

[mipafox 438]

 

the law you quoted states the only legal allowances to shooting a dog in PA.

It does no such thing. Show me where it says it is illegal to kill a dog under other conditions. It does not. If you were correct, it would be illegal for a vet to kill a dog, because it is not mentioned there.

 

 

You can only shoot a domestic animal if it is attacking a person or another domestic animal while the attack is going on.

No, you just made that up yourself.

 

as soon as the attack stops you do not have the right to shoot the animal. also your getting defense and euthanasia confused. if the dog is attacking a person or domestic animal you have the right to defend your self or another person but if your dog is dyeing of cancer you do not have the right to shoot it in PA. I do not have a citation of the law but ill see if my boss has it. Do you have a citation of a law that allows you to euthanize a dog (that is not attacking someone or something) with a firearm in PA? People commit murder all the time, does that make it legal if allot of people do it?

 

 

That was really not a very smart statement.

 

There doesn't have to be a law saying it's legal to euthanize a dog. It is legal unless there is a law AGAINST it. Laws don't make things legal. Laws make things illegal. Like murder. There are laws against murder.

 

Show me the law that says it's illegal to euthanize your own dog in PA. You are going to ask you boss for it, great. I assume that's where you heard it? From your boss?

[mipafox 438]

Here's a place to look:

 

https://www.animallaw.info/statute/pa-dog-law-chapter-8-dogs-consolidated-dog-laws#s504A

 

This is the PA Dog Law. I am convinced your boss is wrong, it is not illegal to kill your own dog.

 

Summary:

 

- Dogs are property. That's why they state you can kill any dog pursuing any animal or person and not suffer liability.

- There are laws against abuse and abandonment of dogs. Including spreading poison for dogs. There are no laws against killing your own dog.

- If you dog has caused property damage, you can be ordered to kill your dog. You may not leave your property with the dog still alive unless you are taking to a vet for euthanasia.

 

 

That's pretty much it. There are no laws against killing your own dog in PA, unless you did it by spreading poison around your property I suppose.

 

It's actually interesting reading. If you read most of it from start to finish it makes sense.

[fishnut 2,358]

(2.1) (i) A person commits a misdemeanor of the first degree if he willfully and maliciously:

(A) Kills, maims, mutilates, tortures or disfigures any dog or cat, whether belonging to himself or otherwise. If a person kills, maims, mutilates, tortures or disfigures a dog guide for an individual who is blind, a hearing dog for an individual who is deaf or audibly impaired or a service dog for an individual who is physically limited, whether belonging to the individual or otherwise, that person, in addition to any other applicable penalty, shall be required to make reparations for veterinary costs in treating the dog and, if necessary, the cost of obtaining and training a replacement dog.
 
This was taken from the PA title 18 Animal Cruelty laws

 

the EXEMPTIONS that you posted
(a) Legal to kill certain dogs.--Any person may kill any dog which he sees in the act of pursuing or wounding or killing any domestic animal, wounding or killing other dogs, cats or household pets, or pursuing, wounding or attacking human beings, whether or not such a dog bears the license tag required by the provisions of this act. There shall be no liability on such persons in damages or otherwise for such killing.

 

Exemptions are not laws and no I did not make anything up

 

It says right in the first sentence that in order to kill a dog you have to see the dog IN the act of wounding or killing another domestic animal.

[fishnut 2,358]

this was taken from PA Title 2 Chapter 7
328.2. Methods of destruction of animals
(a) Required method.--The required method of destruction shall be by the administration of an overdose of a barbiturate, barbiturate combinations, drug or drug combinations approved for this purpose by the Federal Drug Administration and in accordance with guidelines established by the Pennsylvania Department of Agriculture.

[mipafox 438]

(2.1) (i) A person commits a misdemeanor of the first degree if he willfully and maliciously:

 

(A) Kills, maims, mutilates, tortures or disfigures any dog or cat, whether belonging to himself or otherwise. If a person kills, maims, mutilates, tortures or disfigures a dog guide for an individual who is blind, a hearing dog for an individual who is deaf or audibly impaired or a service dog for an individual who is physically limited, whether belonging to the individual or otherwise, that person, in addition to any other applicable penalty, shall be required to make reparations for veterinary costs in treating the dog and, if necessary, the cost of obtaining and training a replacement dog.

 

This was taken from the PA title 18 Animal Cruelty laws

 

Edit by mipafox:

 

(B) Administers poison to or exposes any poisonous substance with the intent to administer such poison to any dog or cat, whether belonging to himself or otherwise.

 

(ii) Any person convicted of violating the provisions of this paragraph shall be sentenced to pay a fine of not less than $1,000 or to imprisonment for not more than two years, or both. The court may also order a presentence mental evaluation. A subsequent conviction under this paragraph shall be a felony of the third degree. This paragraph shall apply to dogs and cats only.

 

(iii) The killing of a dog or cat by the owner of that animal is not malicious if it is accomplished in accordance with the act of December 22, 1983 (P.L. 303, No. 83), [FN1] referred to as the Animal Destruction Method Authorization Law.

 

this was taken from PA Title 2 Chapter 7

328.2. Methods of destruction of animals

(a) Required method.--The required method of destruction shall be by the administration of an overdose of a barbiturate, barbiturate combinations, drug or drug combinations approved for this purpose by the Federal Drug Administration and in accordance with guidelines established by the Pennsylvania Department of Agriculture.

 

Edit by mipafox:

 

(b) Authorized method.--Nothing in this act shall prevent a person or humane society organization from destroying a pet animal by means of firearms.

 

Looks like you left out a few things in your two cites there, Champ. In the exact sections you posted, exactly where you decided to stop quoting the law for some reason.

 

That is one heck of a coincidence. Actually, two hecks.

[mipafox 438]

But, thanks, you've made it certain. Perfectly legal to shoot your dog in PA.

[fishnut 2,358]

I was told that the laws were changed in 2012 by the instructors in my Animal Cruelty Investigator certification but maybe they are wrong. I can admit when I am wrong.

So your welcome Champ

[mipafox 438]

I only know what saw online, Chief

 

 

It looks like you are right, it was changed in 2012. Not sure which version I quoted, but you can see the changes still allow dog shootin'.

 

http://www.legis.state.pa.us/WU01/LI/LI/US/HTM/2012/0/0182..HTM

[fishnut 2,358]

read chapter 3 section 2 in the link you sent and then read s1.3.3 Acceptable methods on page 45 in the AVMA guidelines for the euthanasia of animals 2013(which is the most current year I believe). In s1.3.3 it states that a firearm is only an acceptable method if no other method is reasonably available and performed only by a trained professional such as Animal Control, Police, and Vets. Sorry its a PDF and I cant figure out how to copy and paste from it

[fishnut 2,358]

you quoted the act of December 22 1983

[mipafox 438]

 

read chapter 3 section 2 in the link you sent and then read s1.3.3 Acceptable methods on page 45 in the AVMA guidelines for the euthanasia of animals 2013(which is the most current year I believe). In s1.3.3 it states that a firearm is only an acceptable method if no other method is reasonably available and performed only by a trained professional such as Animal Control, Police, and Vets. Sorry its a PDF and I cant figure out how to copy and paste from it

 

 

Different circumstances.

 

- 328 was not amended by the 2012 law. Law still stands and reads reads as discussed above, unchanged. Search 328 in the 2012 amendment, there are no changes.

 

- It is also repeated in 302 with only minor edits under the new law:

 

"(b) Authorized method.--Nothing in this act shall prevent a person or {humane society}(<-deleted) animal protection organization (<-added) from destroying {a pet} (<-deleted) an animal by means of firearms."

 

It's unchanged in both sections with respect to shootin' dogs. Nothing shall prevent!