Laws and Precedents Pertaining to shooting a bear out of season in defense of dog

[ripplerider]

Not looking for a fight but no I probably wouldnt if my dog attacked the bear first after being let out. i would trust it to take care of itself bear hunters who run them with dogs dont have that many fatalities dogs are pretty quick. Now if my dog was chaned up and a bear went after it it might be a different story. Bears dont seem to go after them like that they seem to be somewhat scared of them. Bears are like people they have different personalities but most of the ones that show no fear of man die quickly when bear season starts. All but two I've seen in the woods have departed very quickly. One of those just acted curious, the other spookede me a little as it seemed like it was circling me to cut me off from the way I'd come. Only had a 22 magnum as I was hog hunting, had a few tense moments before I got back to the truck.

 

[MudDucker]

I don't know of any cases regarding protection of dogs. Go tell it to the Judge.

 

[markland]

Darkhorse, if that bear has a tag then it was probably a nuisance bear up north that was trapped and transplanted down south, that is a common practice with the DNR and trapping and relocating nuisance/problem bears. Good luck with that! When we had our hog lease in Twiggs Co we had to put our feeders hanging off 2 trees on chains to keep them about 10-12ft off the ground or else the bears would destroy them. We used ladder stands on the trees to fill up the feeders with, but it worked out well.

 

[ripplerider]

Not trying to stir things up, but those of you who are so gung -ho about your right to protect your animals and property answer me this-would it be o.k. to shoot a buck illegally if it was horning on your prize apple trees? Or would you think you had a responsibility to do everything in your power to avoid using deadly force (like placing protective barriers around your trees, or not letting your dog out when theres a bear in the yard.)

 

[Ole Fuzzy]

1. "Your honor, I was out in my yard minding my own business when the bear appeared from nowhere. That bear scared me and I was in fear of being attacked and killed. He was already after my dog and I was only a short distance away. He was so close that I could shoot him accurately and kill him with a mere handgun."

2. "Your honor, I have an inalienable right to life which encompasses a right of self defense against all aggressors--human and animal. Any law to the contrary violates the GA constitution (cite specific provisions) and the US Constn..

You need to do some research.

http://www.lexis-nexis.com/hottopics/gacode/

http://www.sos.ga.gov/elections/constitution_2007.pdf

 

[Nicodemus]

Wasn`t me.



I don`t have a dog.


I don`t have a gun.



What bear?

 

[Resica]

A fed bear is a dead bear. Up here that bear better have drawn blood or you're in trouble.

 

[Miguel Cervantes]

1. "Your honor, I was out in my yard minding my own business when the bear appeared from nowhere. That bear scared me and I was in fear of being attacked and killed. He was already after my dog and I was only a short distance away. He was so close that I could shoot him accurately and kill him with a mere handgun."

2. "Your honor, I have an inalienable right to life which encompasses a right of self defense against all aggressors--human and animal. Any law to the contrary violates the GA constitution (cite specific provisions) and the US Constn..

You need to do some research.

http://www.lexis-nexis.com/hottopics/gacode/

http://www.sos.ga.gov/elections/constitution_2007.pdf

That all works pretty good, if the county or municipality doesn't have a leash law.

 

[dawg2]

Not trying to stir things up, but those of you who are so gung -ho about your right to protect your animals and property answer me this-would it be o.k. to shoot a buck illegally if it was horning on your prize apple trees? Or would you think you had a responsibility to do everything in your power to avoid using deadly force (like placing protective barriers around your trees, or not letting your dog out when theres a bear in the yard.)

Any person or animal that is a threat to my livestock or family will be dealt with.

 

[Wes]

bear and fine solution

Since its private land I think you ought to charge everyone that is interested $25 to harvest a bear from your land. We each take a bear and when we check it in we let DNR know we got it at your place and that you send your regards. That would be a hoot and you could pay off your fine.

 

[Dr. Strangelove]

I can't say that I fault you, if one of my pets was being attacked by a bear and I had access one of my guns, I'd shoot it too. However, I'd practice SSS (Shoot, Shovel, Shut-up).

You're obviously a good guy for having called DNR, and I'm sorry that you got messed up in all this, but I think you got a good deal out of the situation and should just take your lumps.

Trying to use the personal defense laws pertaining to shooting humans probably won't get you very far. Bears are quasi protected and you're lucky you got off with what you did. You would have a hard time defending killing a human for biting your beagle on the butt, and I don't think the fact that is was a bear will matter very much.

Taking the trail cam pics in will probably be a mistake, it only shows that you knew bears were active in the area, and didn't call DNR ahead of time to report a problem bear. You admittedly didn't have control over your dog, which acted aggressively towards a bear which then defended itself, which you subsequently shot and killed.

If I were you, I'd be happy with the slap on the wrist that you got and leave it be. Be thankful this wasn't on Federal land, or you'd be completely out of luck.

 

[lifeinthesouth]

I don't really know why it would be any different than if it was another dog after your dog or in your garbage. I know I had a family member that shot another dog that was after his dog. The owner pressed charges but when they told the judge that the dog growled at them (showing aggression) the judge dismissed the charges. I wish I knew more about the case I would be glad to share the info with you but it was in White County. Good luck with it. At least going before the judge maybe he will lesson the fine after hearing your side of the story.

 

[2bbshot]

I got an idea. Let me come kill a bear with my bow in your backyard and ill pay your fine.

Seriously though I hope you dont have to pay one red cent I dont think your are getting a fair shake. Fight it till the end!!!!!

 

[billysun]

im actually going to school for criminal justice...those types of fines are not going to hurt you at all..from what i was told they will not even pull that part of your record...it's no big deal...i gotta ticket for hunting over bait a couple years..it does not show up on background check...

 

[billysun]

where i live there are no leash laws..if an animal comes on your property you can shoot it and not get introuble..course anyone could sue,etc...

 

[billysun]

My dogs would have killed the bear. I have two great pyrenees....There puppys and already as tall as a bear...Great gaurd dogs!! I'd shot it also..all you have to do is prove that you felt your life and dog's life, mainly yours was in danger...you can tell them that you thought the bear was going to come after you next...

 

[besclavon]

bear shooting update

ok, so here is an update. i went to court a couple weeks ago and there was a scheduling conflict. the day i was scheduled to go to court was mixed up and i was told to go home and come back the next day to speak with the judge. considering this is a 2 hour drive from my house, it was a pain.

I went back the next day and spoke to the judge and his secretary was scornful and condescending for no reason. i was asking several questions for information and she got hostile and snippy. After speaking to the judge, he was not very friendly and had a good ole boy aire. I get the feeling that becuase i dont live in the county i am seen as a hot shot city person who got scared of a bear. he insisted several times to just pay the fine and go home.

I got another continuance and i got an attorney. the attorney said that it was a minor issue that we should be able to get resolved. I really feel this is just a racket to take outsiders money since i have had several encounters with DNR and local authorities in which i was doing nothing wrong, but they just harassed me. i hope the attorney helps, if not, at least i know i fought it the best i could.

i have a final court date the beginning of december. i will post the full results then.

 

[tree cutter 08]

what county was this in?

 

[shea900]

Thanks for the update. Very interesting. Good luck with it.

 

[bfriendly]

IMO, I agree with you shootin the Bear, I would have without hesitation. It is sad that the SSS rule does have its place...........next time(this may happen again) leave it or drag it off a little ways downhill and let the yotes or other bears clean up the mess........I feel the DNR did their job and followed the rules of law, but you sure got Jipped!

Some of you may not understand this, but to some folks, their dogs ARE their children..........That dog was puttin its life on the line, tryin to protect its owner........that dog deserved the protection it got from the person responsible for it.

I seriously doubt you would stand their Glock in hand, and watch your dog get killed by a Bear, then say,"Well, if that dumb dog hadn't bitten that bear in the behind, blah blah blah......".........REALLY?