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Can I shoot a trespassing dog legally?
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Wheat Gazer
Posted 5/17/2014 21:30 (#3875816)
Subject: Can I shoot a trespassing dog legally?



E. Kansas
If a dog crosses my property line, can I shoot it? If a dog tries to get into my chicken pen, can I shoot it? Just curious, because I am getting darn tired of people not taking care of their dogs and letting them run wild. Can I put a sign up that clearly states, "All trespassing dogs will be shot"? Will that make it legal for me to do? Any thoughts?
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Jay NE Ohio
Posted 5/17/2014 21:35 (#3875832 - in reply to #3875816)
Subject: RE: Can I shoot a trespassing dog legally?



northeastern Ohio
It varies from state to state. Here is what Kansas law says:

CHAPTER 47.--LIVESTOCK AND DOMESTIC ANIMALS. ARTICLE 6.--PROTECTION OF DOMESTIC ANIMALS. SHEEP, CATTLE OR HOGS.

47-645. Liability of owner of dog for damages.

If any dog shall kill, wound or worry any domestic animal the owners of such dog shall be liable to the owner of such animal for all damages that may be sustained, thereby to be recovered by the parties so injured before any court having competent jurisdiction.

History: G.S. 1868, ch. 105, § 44; L. 1911, ch. 313, § 1; May 22; R.S. 1923, 47-645.



47-646. Killing dog lawful, when.

It shall be lawful for any person at any time to kill any dog which may be found injuring or attempting to injure any livestock as defined in K.S.A. 47-1001, and amendments thereto.

History: G.S. 1868, ch. 105, § 45; R.S. 1923, 47-646; L. 1947, ch. 303, § 2; L. 1996, ch. 90, § 8; July 1.



47-646a. Same; unconfined dogs in violation of quarantine.

It shall be lawful for any authorized representative of the animal health commissioner, any sheriff, any city marshal or any law enforcement officer at any time to kill any dog which may be found unconfined in violation of any rabies quarantine or other quarantine order issued by the state animal health commissioner or issued by the secretary of health and environment.

Credits

Laws 1947, ch. 303, § 3; Laws 1975, ch. 462, § 56; Laws 1989, ch. 156, § 35; Laws 2012, ch. 140, § 58, eff. July 1, 2012.

Source: http://www.animallaw.info/statutes/stusksst47_229_47_835.htm
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oldbob
Posted 5/17/2014 21:36 (#3875834 - in reply to #3875816)
Subject: RE: Can I shoot a trespassing dog legally?


West Cental Arkansas
This is the way that I look at dogs that are a threat to my livestock. They have a one way ticket on my farm, and it ain't back to their home. I don't ask anyone to keep their dogs penned or chained. If you do that and then kill their precious dog you are in a mess. I just shoot and dispose--- let the owner try to figure out what happened. Do not post signs, just take care of business.
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Wheat77
Posted 5/17/2014 21:42 (#3875851 - in reply to #3875834)
Subject: RE: Can I shoot a trespassing dog legally?


Take Bobs advice. That is what most do. If the owner can't keep them home, then
they know what might happen when they run.
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milofarmer1
Posted 5/17/2014 21:47 (#3875861 - in reply to #3875851)
Subject: RE: Can I shoot a trespassing dog legally?



Texas/New Mexico Stateline
I would think in most states if they are harassing livestock you would be within your rights to protect your property by whatever means necessary. Just crossing a corner or coming up to your house without any threat, you may have a harder case.



We've got some new neighbors to my grandparent's place and they have a couple dogs that seem to have the run of the place. I'm afraid it will be a problem if we have cattle over there. They have a BIG sign in their yard, "Caution, dogs at play".
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Galaxie64
Posted 5/17/2014 22:01 (#3875890 - in reply to #3875816)
Subject: RE: Can I shoot a trespassing dog legally?


WY, OK

I'll put it this way, I've never seen a "trespassing" dog that isn't harassing, worrying or whatever legal term is needed for me to have the authority to shoot it.

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olivetroad
Posted 5/17/2014 22:24 (#3875941 - in reply to #3875816)
Subject: RE: Can I shoot a trespassing dog legally?


Kingdom of Callaway - Fulton, Mo 65251
You just shoot the dogs and over time you gain a reputation of owning a farm that "Fluffy" doesn't come home from. Which is a good thing - the neighbors know to pen them up or better yet don't bother owning a dog next to my farm.
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Wheat Gazer
Posted 5/17/2014 22:45 (#3875971 - in reply to #3875834)
Subject: RE: Can I shoot a trespassing dog legally?



E. Kansas
I have taken care of business in the past, but my wife is worried that I will get in trouble if caught. I guess I just won't get caught.
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cornstalk
Posted 5/17/2014 22:47 (#3875975 - in reply to #3875816)
Subject: RE: Can I shoot a trespassing dog legally?



Anderson County Kansas
Shoot, Shovel and Shut Up.
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valleycreek
Posted 5/17/2014 22:48 (#3875978 - in reply to #3875816)
Subject: RE: Can I shoot a trespassing dog legally?


Even though it's legal if they are bothering your livestock, it's probably best to use the 3S method: shoot, shovel, shut-up!
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Wheat Gazer
Posted 5/17/2014 22:49 (#3875979 - in reply to #3875832)
Subject: RE: Can I shoot a trespassing dog legally?



E. Kansas
Thanks Jay. Very good info. That's what I needed to see.
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cornstalk
Posted 5/17/2014 22:50 (#3875980 - in reply to #3875978)
Subject: RE: Can I shoot a trespassing dog legally?



Anderson County Kansas
Lol. The post are one minute apart.

Edited by cornstalk 5/18/2014 18:14
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Cliff SEIA
Posted 5/17/2014 22:50 (#3875981 - in reply to #3875971)
Subject: RE: Can I shoot a trespassing dog legally?


Or don't tell your wife.
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krantz
Posted 5/17/2014 23:39 (#3876035 - in reply to #3875816)
Subject: RE: Can I shoot a trespassing dog legally?


NM
I shoot about 3 to 4 every year. About that many coyotes also. I slipped up about three weeks ago and didn't notice a pit bull a neighbor got . ( I shoot all pit bulls ) a friend was riding her horse and it attacked her and the horse , both had to have many stitches .
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Gary Lyon
Posted 5/18/2014 00:53 (#3876070 - in reply to #3875941)
Subject: RE: Can I shoot a trespassing dog legally?



Southeast Wyoming

olivetroad - 5/17/2014 21:24 You just shoot the dogs and over time you gain a reputation of owning a farm that "Fluffy" doesn't come home from. Which is a good thing - the neighbors know to pen them up or better yet don't bother owning a dog next to my farm.


Isn't that the truth!  I have not shot a dog in probably 30 years but when those who have been in the neighborhood a long time find their dog has wandered off, I still get a call asking me to watch for the dog.

I hate it when a dog owner is so irresponsible that their dog wanders and gets shot; I like dogs.  One neighbor always told Dad that if his dog gets into our livestock to do what he had to do, the dog does him no good if it does not stay home.

About 30 years ago I called and called a neighbor, begging him to keep his three dogs at home.  One Christmas morning while I was at Mom and Dad's  we heard a ruckus a half a mile away down at my place.  There were numerous dead and wounded sheep.  One dog went home that day (yeah, my fault, windage and elevation);  I never saw it again. Nothing was ever said, except by a highway patrolman who pulled me over about a misplaced license plate.  When he found out where I lived he described the nice dog he had given to a neighbor of mine.  I don't pay much attention to dogs.         It sure is a nice day isn't it? 

That reputation has it's down side also.  Some dear friends had two dogs wander off.  One came home, the other had pulled his chain lose and the chain was gone also..  I got the call.  I had not seen the dog.  Then I got a visit and I could tell that they just "knew" that I had shot their dog.  I went searching for their dog.  I went to the homestead area where Dads' uncle had built his ranch.  It was 4-5 miles across the prairie from the dog's home. Sure enough, there the dog was with his chain hooked on a nail in some lumber.  I knew the dog and he was glad to see me, but not as glad as my friends were to see us both approach the house.

That reputation helps owners keep their dogs under control, but the reputation, and dogs, can sure stress a friendship.

 



Edited by Gary Lyon 5/18/2014 00:59
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beh
Posted 5/18/2014 01:26 (#3876076 - in reply to #3875816)
Subject: Antifreeze....


Heil Harvesting, Ulysses KS/Limon CO
Done
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farmer45
Posted 5/18/2014 04:37 (#3876084 - in reply to #3875978)
Subject: RE: Can I shoot a trespassing dog legally?


Washington Co Ks
Probably the most important part of your plan is to shut-up. I have a friend that got in trouble for shooting a dog. What got him in trouble was the fact that they found out that he had shoot it on county property. He also couldn't keep his mouth shut so to many people knew about it. I had a facebook friend share a missing dog notice once. One of the things it said was that the dog liked to chase cattle. I replied that if it were chasing my cattle it wouldn't be seen again. My friend did not like that comment.
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idea1947
Posted 5/18/2014 06:27 (#3876140 - in reply to #3875981)
Subject: RE: Can I shoot a trespassing dog legally?


Why keep the wife in the dark?  He just told the whole world wide web.

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Southern Farmer
Posted 5/18/2014 07:35 (#3876245 - in reply to #3875816)
Subject: RE: Can I shoot a trespassing dog legally?



West Texas

Isn't it funny how our fellow citizens that live in town will get tire of their dogs and cats, bring them out to the country and drop them off so they can "find a good country home where they can roam". Yes, they find a permanent home but they no longer roam.

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2hcattle
Posted 5/18/2014 08:25 (#3876349 - in reply to #3876245)
Subject: RE: Can I shoot a trespassing dog legally?


Southwest OK
I find it most effective to shoot, and bring the carcass back to the owner with a full explanation of why the animal is deceased.

Very seldom is a second explanation necessary.

I do make certain there are no kids home when I do this.
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gene_champ
Posted 5/18/2014 08:55 (#3876409 - in reply to #3875816)
Subject: RE: Can I shoot a trespassing dog legally?


NC Iowa
Wheat Gazer - 5/17/2014 21:30

If a dog crosses my property line, can I shoot it? If a dog tries to get into my chicken pen, can I shoot it? Just curious, because I am getting darn tired of people not taking care of their dogs and letting them run wild. Can I put a sign up that clearly states, "All trespassing dogs will be shot"? Will that make it legal for me to do? Any thoughts?


i would try to go through proper channels. call the sheriff. they probably have an animal control person and can talk to the owner. if you deal with it yourself, you will be the 'bad guy' and could cause hard feelings. they might even try to find a way to get you back.
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shadetree
Posted 5/18/2014 09:13 (#3876440 - in reply to #3875816)
Subject: RE: Can I shoot a trespassing dog legally?


NW South Dakota
Years ago I worked at a feedlot. Overheard the the owner telling a neighbor. "If your dog comes over and starts trouble.....I'll shoot your dog for you!" I have never had any problems but I thought I'd use that line if necessary.
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Ernie
Posted 5/18/2014 09:35 (#3876467 - in reply to #3875816)
Subject: RE: Can I shoot a trespassing dog legally?



North End I-15
The hardest phone call ever made was to a good neighbors wife .

We were sitting at the supper table when her dog came in the yard . They lived about a mile west of us at the time .
My wife said, "you had better go take care of that dog" .
The dog had been over chasing chickens before .
I jumped up from the supper table , grabbed a 20 gauge shot gun , ran around the corner of the house and fired up in the air . The dog turned tail with after burners kicked in .
Went back in the house , kids and wife sitting looking out the window down the road .
Wife says," you had better go take care of that dog" .
I said "I did" , She said , "well its laying on the road ". Yep there it was 100 yards or so from the house laying dead . It was a little miniature cross breed questionable breed dog . Died of a heart attack . So i picked it up and buried it .
Got to thinking about it and decided to call neighbors wife to explain what happened to it .

"Oh good " she replied , "I never liked that dog to start with "
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Rowcropcattleman
Posted 5/18/2014 09:50 (#3876488 - in reply to #3875816)
Subject: RE: Can I shoot a trespassing dog legally?


Missouri
Dad had a friend that said, shoot and take it over on the road and run over it a few times so the owner will find it. He said if you used the three S's the owners would just continue to look. Personally I don't like to do that to a direct neighbors dog, that you try to be good neighbors with,(if they were killing calves thats different, talking just in the pastures) I like some bird shot in the @$$.

On strays or roaming packs, we've opened up our own season around here with us and the neighbors.
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PeteMN
Posted 5/18/2014 10:46 (#3876551 - in reply to #3875816)
Subject: RE: Can I shoot a trespassing dog legally?


E.Central MN
Elderly neighbor had rented us his land including pasture so we put some beef cows there. A friend of ours had stopped in to visit him with young kids when they noticed a strange German Shepard chasing cattle in the pasture which was right next to the yard where the young kids were playing. Nobody had seen the dog before so neighbor got the 22 rifle and shot at it to scare it away. Dog moved/he ended up hitting it in the back quarter. About 2 minutes later the phone rings, another elderly neighbor called saying his kids and grandkids had just got there to visit and their dog had run off. Neighbor said he was sorry and explained to them that the dog was chasing cattle, but it did not matter, they were furious as the pet was a valued member of their family. They took the wounded dog to the vet but it was put down. Next thing we know the neighbor started getting harassing phone calls, receiving nasty letters, and they even put a deer head in the neighbor's mailbox. He finally had his attorney send them a letter advising them to cease their threatening actions or he'd take them to court. Ironically the dog owner's dad was very outspoken about shooting any dog that came onto his property when he farmed. Had anyone know who's dog it was they'd have gotten a phone call to come get their dog at once. Bad deal even though the law was on our side. People can get crazy about their pets. I try to allow the animals a second chance because you can't always blame an animal for their owner's stupidity.
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Drilldo
Posted 5/18/2014 10:58 (#3876564 - in reply to #3876551)
Subject: RE: Can I shoot a trespassing dog legally?


Texas
Neighbors dogs when I know them and the dog I either just pop them with a BB gun or shoot in that general direction to scare them off. Dogs that I know do not belong in our area are not so lucky.

It is a big problem where I live with city people dropping them off when they are no longer wanted.

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Bruised Spud
Posted 5/18/2014 11:19 (#3876579 - in reply to #3876551)
Subject: RE: Can I shoot a trespassing dog legally?


Chaffee, Western New York
I could not put them down fast enough and got rid of the range maggots (sheep). No profit in providing play things for strays.

The folks who were most sour that "Nature" got killed running sheep got a stack of tickets and a bill for the losses from the dog Warden.

On the other end some have brought me old dogs they could not bring themselves to put down and the local (this is NY) vet wants to much ($175 last I heard).

Odd one was my ultra religious neighbor who brought his two mutts around and explained that he would readily accept and deal with the dogs if any damage was done. He asked that they have run of the place and guard us. After he walked them around they came and went without any trouble.
A drugged out drunk showed up screaming and looking for his demise when those two dogs came out of nowhere and ran him right down the railroad tracks where he came from.
I miss those two woodchuck killing machines
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Thumb Crop Farmer
Posted 5/18/2014 18:30 (#3876981 - in reply to #3875816)
Subject: RE: Can I shoot a trespassing dog legally?


Thumb of Michigan
Really, shoot some child pet? You need to think twice about doing this.
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Dakotafarmer7010
Posted 5/18/2014 21:52 (#3877394 - in reply to #3876981)
Subject: RE: Can I shoot a trespassing dog legally?


Eastern ND
How you guys can shoot dogs and not even blink an eye about it is sad. Glad I don't live near of any of you. Bizzare
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Badger
Posted 5/18/2014 22:18 (#3877464 - in reply to #3876981)
Subject: RE: Can I shoot a trespassing dog legally?


Huntley Montana

A $250-2000 animal is worth more to a Livestock man than someone's MUTT that is chasing it.    A lot of dogs will "pack up" & raise LL with neighborhood  livestock while the owners sleep, or work..  UNLESS you can PROVE "fido" was involved most will claim "fido" would NEVER DO THAT. & of course COLLECTING DAMAGES from most dog "owners" is a JOKE.

 

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oldbob
Posted 5/18/2014 22:34 (#3877511 - in reply to #3877464)
Subject: RE: Can I shoot a trespassing dog legally?


West Cental Arkansas
I bet that those who have posted on this subject with bleeding hearts have never saw a calf with his ears and rear legs stripped like beef jerky after the so called pets have had their daily exercise at the calf's expense. I have witnessed this on more than a few occasions. On top of that the pets owner offered nothing in the way of compensation other than they were sorry. Probably those feeling sorry for the pet do not depend on cattle as part of their income. Don't mean to come across as a bad guy, but this hits a raw nerve with me.
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olivetroad
Posted 5/18/2014 23:15 (#3877560 - in reply to #3877511)
Subject: RE: Can I shoot a trespassing dog legally?


Kingdom of Callaway - Fulton, Mo 65251
I agree. I also have six kids that walk 1/2 mile through the field to grandmas all the time. We don't need any dogs around. Shooting a stray dog is just being a good parent.
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headerpuncher
Posted 5/18/2014 23:31 (#3877580 - in reply to #3877511)
Subject: RE: Can I shoot a trespassing dog legally?


Ea. Washington
Had a neighbor shoot a dog once but he brought him back to me and said" Your dog was chasing my chickens and I shot him but it just broke his leg". After some discussion about if you can't do a better job of shooting a dog than that I wouldn't even try he left without saying he was sorry or offer to pay the vet bill. That winter we had a lot of snow and coming home in my pickup with a snowplow on I found him stuck in a snow bank. Could not get past so told him I would pull him out backward but be careful as I couldn't back up very far. He came out of that snow band in reverse wide open. I dropped the plow just enough to catch him in the middle of the trunk and opened a hole like a beer can about 14 in. across. I just sat in the pickup and smiled while he unhooked the chain. Didn't even say thanks. He died about two years later while in jail. It was a sad day.
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clevepreach
Posted 5/18/2014 23:51 (#3877600 - in reply to #3875975)
Subject: RE: Can I shoot a trespassing dog legally?



Cleveland, MS. Own small farm near Booneville, MS
+1

Edit to add:
My niece posted a story on her FB page about a woman near Houston, TX who got up in the middle of the night to go to the bathroom and found an 8 foot python in her bathroom. She called the authorities, who came, captured it, and returned it to it owner, from whom it had escaped. I said that the difference in what she did and what I would have done can be expressed in 3 "S"ess. And that snake would never have frightened or threatened anyone ever again.

Edited by clevepreach 5/18/2014 23:57
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clevepreach
Posted 5/19/2014 00:11 (#3877612 - in reply to #3877394)
Subject: RE: Can I shoot a trespassing dog legally?



Cleveland, MS. Own small farm near Booneville, MS
Even "pet" dogs will get in a pack and when they do they can (and will) do some serious damage to livestock of any kind. I have seen it done. I have no problem taking down a dog (or any other animal) that is trying to do damage to livestock. When my dad raised pigs we had a white German Shepherd stray that came to our place. He was almost grown and very intelligent. Dad thought he might make a good cow dog so we kept him and began training him to herd cattle. Then one morning we found him under the farrowing house reaching up through the slatted floor to grab the little pigs. He had several that were half eaten. He could get their back half through the slats but not their front half. If you want to talk about something gross just picture baby pigs squealing and dying because their hindquarters have been eaten off. Needless to say, that dog went to his eternal reward within the hour. Still don't know who the original owner might have been.
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Wheat Gazer
Posted 5/19/2014 07:11 (#3877779 - in reply to #3877394)
Subject: RE: Can I shoot a trespassing dog legally?



E. Kansas
It's not like we are driving by people's houses and shooting their pets in their yards. These animals are coming onto our property and doing damage on our property. When dogs are threatening your livestock or your children, they need to be taken care of.
If a dog that never comes over makes a friendly appearance, I am not going to shoot it. I will yell at it to go home.
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Outdoor Dave
Posted 5/19/2014 07:30 (#3877822 - in reply to #3876035)
Subject: RE: Can I shoot a trespassing dog legally?


SE Nebraska
Don't be so hard on pits. Have had several pit bulls / pit bull crosses, and were the most loving and loyal dogs. Had issue with a lab that wandered and a German shorthair that bit someone. It's not the breed, but the owner.
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citoriskeet
Posted 5/19/2014 16:55 (#3878477 - in reply to #3877394)
Subject: RE: Can I shoot a trespassing dog legally?


Central, IL
Easy..........a light trigger pull helps.

If my dog was causing problems at the neighbors I wouldn't think any less of them. They expect me to do the same.
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Wheat77
Posted 5/19/2014 19:36 (#3878693 - in reply to #3877580)
Subject: RE: Can I shoot a trespassing dog legally?


I suppose a good way to sum this thread up is to say to dog owners, "keep your dogs at home".

If dogs are wandering afar, they are often considered a threat or hazard to family and livelihood.

That means they are fair game. Landowners do have a right to protect.
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JRosenberger
Posted 5/19/2014 20:05 (#3878759 - in reply to #3876035)
Subject: RE: Can I shoot a trespassing dog legally?


Milford, IL
No good reason to own a pitbull. I strongly encourage you to continue the practice of shooting them.
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ronm
Posted 5/20/2014 19:06 (#3880202 - in reply to #3875816)
Subject: RE: Can I shoot a trespassing dog legally?


Fruita CO
Just don't run over them...Farmer here caught 2 dogs in a field road, ran them down w/his pickup, killed one, crippled the other one...some do-gooder woman saw it happen...he damn near went to prison over it, spent a load of money on a lawyer, & got off with a suspended sentence if he took anger-management classes & gave talks at schools about what a bad guy he used to be...with the wounded dog, who became a hero.
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