Legal Question in Criminal Law in California

Do Property Owners Have Rights Against Roving P{it Bulls.

My 9 year old cat did not roam. He stayed in our yard. Last night @ 3 A.M. Three large pit bull dogs came onto our property last night & killed him by tearing him apart(literally. These dogs have attacked before but by this time when I got back outside with a gun they were gone. What can I do ? Am I allowed to shoot them without going to jail ? Thank You.


Asked on 9/07/01, 9:15 am

2 Answers from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Do Property Owners Have Rights Against Roving P{it Bulls.

I doubt you'd be permitted to shoot them unless they were attacking you or another human. If you live in the country that might be a different matter. I'd check around the neighborhood, and see if I could find who owned the dogs. Call the police and report the incident. The next victim of these dogs could be a small child. Then sue the dog owners in civil court for the loss of your cats.

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Answered on 10/25/01, 6:57 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Do Property Owners Have Rights Against Roving P{it Bulls.

First off I would not ever recommending shooting the dogs unless they were threatening you or another human. Even if you do shoot under proper circumstances you could be charged with discharging a firearm within city limits if your area has such a statute. Do not use a gun unless you or someone else's life is on the line!!

As far as the dogs, call the police, call animal control, if you know who the owner is you can sue the owner for the loss of the cat and for tresspass by animal onto your property.

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Answered on 10/25/01, 9:09 pm


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