This month, we consider legal problems that arise after one shoots an attacking animal. This question is most commonly posed in the context of unrestrained and vicious dogs, although members also express concern about being punished for using a gun to defend against a wild animal. To get the discussion started, we posed the following questions to our affiliated attorneys:
How does your state law define attacking or aggressive animals?In your area, when an attacking animal is shot, is the shooter likely to be charged with violating a law or sued?
Network members are always interested in practical steps they can take to mitigate that risk, like documentation or reporting a dangerous animal in their neighborhood in advance, and also ask about the pros and cons of calling law enforcement after shooting an attacking animal. Your recommendations?
Do you have suggestions for members who hike and camp and may shoot a wild animal that attacks? Should they notify authorities and what timeliness concerns apply if one is in a very remote area.
The attorneys’ responses follow.
Alex M. Ooley & E. Michael Ooley
Ooley Law, LLC
P.O. Box 70, Borden, IN 47106
812-810-1234
https://ooleylaw.com/
How Indiana Defines “Attacking” or “Aggressive” Animals
Indiana doesn’t use a single definition for “aggressive” or “attacking” animals, but state law and local ordinances provide guidance. Under Indiana Code § 15-20-1, pet owners are required to maintain control of their animals and prevent them from causing harm. Many counties or political subdivisions may define a “vicious” or “dangerous” animal as one that has a documented history of unprovoked aggression, threatening behavior, or has caused injury to a person or domestic animal.
Whether an animal is considered “aggressive” often comes down to the facts on the ground—what the animal was doing, and how reasonable your perception of danger was in the moment.
What Happens if You Shoot an Attacking Animal in Indiana?
In Indiana, citizens are generally allowed to use force—including deadly force—against an animal to protect themselves or others from imminent harm. That said, use of force must be reasonable and necessary under the circumstances. If you shoot a dog—or even a wild animal—you may still face legal scrutiny, especially in urban or suburban areas where discharging a firearm may create a risk of harm to others.
While justified defense is a valid legal defense, it doesn’t prevent law enforcement from investigating or an animal’s owner from filing a civil lawsuit. Even if you avoid criminal charges, a civil claim for property damage or emotional distress could follow.
Mitigating Legal Risk: Practical Advice for Network Members
Report Known Threats: If there’s a dog in your neighborhood that shows signs of aggression or has previously threatened you or others, report it to local animal control or law enforcement. Documentation goes a long way in supporting a future self-defense claim.
Maintain Awareness: If you carry while walking in your neighborhood, consider carrying pepper spray or a walking stick as a non-lethal first option. Demonstrating that you tried less-lethal methods before resorting to a firearm strengthens your legal position and is often more effective on aggressive animals.
Preserve Evidence: If you ever have to shoot, take photos or video of the scene if safe to do so. Witness statements, physical injuries, and even torn clothing can help document the encounter.Call Law Enforcement Immediately: After an incident, call local law enforcement or animal control right away. This protects you from allegations of fleeing or covering something up and ensures your version of events is officially recorded early.
For Hikers and Campers: Wild Animal Encounters
If you’re attacked by a wild animal while camping or hiking and must shoot to defend yourself:
Self-defense is valid, but you may still need to justify killing certain protected species under Indiana’s wildlife laws.
Notify the Indiana Department of Natural Resources (DNR) or the nearest law enforcement office as soon as it’s feasible to do so.
If you’re in a remote area, timeliness is judged by what’s “reasonable under the circumstances”—but don’t delay once you have the ability to report.
Preserve the scene if possible (e.g., GPS coordinates, photos, your gear), especially if you’re alone and there are no witnesses.
Final Thought
As a gun owner in Indiana, you have the right to defend yourself—but exercising that right carries responsibilities. The best way to protect yourself legally is to plan ahead, document known threats, and be prepared to handle the aftermath.
If you have questions specific to your area or situation, we are happy to help fellow Network members navigate Indiana’s laws.
Donald J. Green, Esq.
The Law Offices of Donald Green
4760 S Pecos Rd # Suite103, Las Vegas, NV 89121
702-409-8239
https://www.don-green-law-las-vegas-7777.com/
This is Attorney Don Green in Las Vegas, Nevada.
1. How does your state law define attacking or aggressive animals?
So long as the person reasonably feels that he is being attacked by an aggressive animal and that person is legally armed in an area in which he is authorized to possess or carry a firearm, that person may use the firearm to shoot an attacking or aggressive animal.
First is the animal that type which is inherently dangerous to humans: is it a pitbull, a tiger, or an armadillo, or a bunny rabbit?Second, what are the circumstances in which the person has found himself in a confined area or in a yard or in a location where the animal is obviously going to attack that person or family members or friends in close proximity to him?
Third is this dog a police dog which in Nevada has the same powers as a police officer so, obviously you cannot shoot the dog because you are the bad guy unless it’s a case of mistaken identity where you’re telling them that you are the victim and not the perpetrator.
Fourth, the citizen is always going to face the potential for a civil suit, or some type of administrative sanctions for shooting an animal.Remember, the burden of proof is going to be on the citizen to prove that it was absolutely necessary and reasonable at that moment to discharge the firearm towards an attacking animal.
2. In your area, when an attacking animal is shot, is the shooter likely to be charged with violating a law or sued?
There is a substantial likelihood of a civil action against a person who shoots an animal owned by another citizen. There is always going to be the situation in which the owner of the animal is going to claim that the animal was not at fault and somehow or another accidentally got out of the yard or something.Prepare for a lawsuit.
John R. Monroe
John Monroe Law, PC
156 Robert Jones Rd., Dawsonville, GA 30534
678-362-7650
http://johnmonroelaw.com
Shooting a domesticated animal (usually a dog) in Georgia has a lot of similarities to shooting a human, but there are some significant differences. Shooting a human if it is not justified is a serious felony. Shooting an animal if it is not justified is a misdemeanor. If there is a human who has been shot, it is going to be necessary to call authorities (regardless of the condition of the human). There is not necessarily a legal requirement to call if an animal is shot, but morally a wounded animal would need veterinary attention.
There are no statutory standards on when deadly force can be used against a domesticated animal, but case law supports using deadly force to repel an attack. If there is a shooting of a dog that results in a conviction, there either was an eyewitness or the shooter incriminated himself (i.e., “confessed”). That leads one to believe that if there is no eyewitness, no statements should be made to the police. If there is a prosecution, unless there is a friendly eyewitness, the defendant-shooter is probably going to have to testify to establish the justification of the shooting. The location of the bullet wound is going to matter greatly. It’s very hard to convince a jury that shooting a dog was necessary if the wound is on the hind quarters. That is viewed as the equivalent of shooting a man in the back. Juries just don’t buy it.
Shooting a wild animal is somewhat different. There is no human owner “victim” the prosecutor has to deal with. Nobody cares about a dead coyote, but a dead poodle is going to upset somebody. If there is a prosecution, it is more likely to be a hunting violation than a cruelty to animal violation. But it’s easier to make a case for an attack when there isn’t an owner saying, “He would never bite anyone.”
John W. Chapman, Esq.
Kelly & Chapman
PO Box 168, Portland, ME 04101
207-780-6500
How does your state law define attacking or aggressive animals?
Title 7 MRSA section 3907: “12-D. Dangerous dog. “Dangerous dog” means a dog or wolf hybrid that causes the death of or inflicts serious bodily injury on an individual or a domesticated animal who is not trespassing on the dog or wolf hybrid owner’s or keeper’s premises at the time of the injury or death; a dog or wolf hybrid that causes a reasonable and prudent person who is not on the dog or wolf hybrid owner’s or keeper’s premises and is acting in a reasonable and non-aggressive manner to fear imminent serious bodily injury by assaulting or threatening to assault that individual or individual’s domesticated animal; or a dog or wolf hybrid that inflicts bodily injury on an individual or a domesticated animal who is not trespassing on the dog or wolf hybrid owner’s or keeper’s premises at the time of the injury and has previously been determined by a court of competent jurisdiction to be a nuisance dog.
“Dangerous dog” does not include: A. A dog certified by the State and used for law enforcement use; [PL 2017, c. 404, §2 (NEW).]
B. A dog or wolf hybrid that injures or threatens to assault an individual who is on the dog or wolf hybrid owner’s or keeper’s premises if the dog or wolf hybrid has no prior history of assault and was provoked by the individual immediately prior to the injury or threatened assault; or [PL 2017, c. 404, §2 (NEW).]
C. A dog or wolf hybrid that inflicts serious bodily injury on or causes the death of an individual who is committing a crime against an individual or property owned by the dog or wolf hybrid owner or keeper. [PL 2017, c. 404, §2 (NEW).]
For the purposes of this definition, “dog or wolf hybrid owner’s or keeper’s premises” means the residence or residences, including buildings and land and motor vehicles, belonging to the owner or keeper of the dog or wolf hybrid.
12-E. Feral cat. “Feral cat” means a cat without owner identification of any kind that consistently exhibits extreme fear in the presence of people.
As for wildlife, it is defined in what it does. “”§12401. Attacking domestic animals or destroying property Except as provided in sections 12402 and 12404, a person may lawfully kill, or cause to be killed, any wild animal or wild turkey, night or day, found in the act of attacking, worrying or wounding that person’s domestic animals or domestic birds or destroying that person’s property.”
Wildlife attacking people is not specifically dealt with in Maine law. The law of justification in 17-A MRSA 103 applies.
Under the Endangered Species Act, self or other defense is provided here: “(3) Notwithstanding any other provision of this Act, it shall be a defense to prosecution under this subsection if the defendant committed the offense based on a good faith belief that he was acting to protect himself or herself, a member of his or her family, or any other individual, from bodily harm from any endangered or threatened species.”
In your area, when an attacking animal is shot, is the shooter likely to be charged with violating a law or sued?
It is unlikely unless one is resisting a lawfully directed police dog or trespassing, or under section 103, one is responsible for the attack (crawling over the fence in a zoo).
Network members are always interested in practical steps they can take to mitigate that risk like documentation or reporting a dangerous animal in their neighborhood in advance, and also ask about the pros and cons of calling law enforcement after shooting an attacking animal. Your recommendations?
Maine’s Fish and Wildlife laws require prompt notification of the Warden Service when nuisance animals are killed.
Do you have suggestions for members who hike and camp and may shoot a wild animal that attacks? Should they notify authorities and what timeliness concerns apply if one is in a very remote area?
See above re mandatory report - title 12 §12401. “All facts” must be reported, and deer, bears, wild turkey or moose must be field dressed.
Cole B. Combs
Cole Combs Law Firm PLLC
5600 Bell St., Ste. 105, #298 Amarillo, TX 79109
806-318-8899
In Texas, there’s no particular definition or threshold for when someone can use force, or deadly force, against an animal. It falls back on the “reasonable person” standard where a person can use force reasonably necessary to protect themselves and others.
As far as reporting dangerous animals, that’s possible depending on whether the local government has any sort of animal control. If someone lives out in the county then they can call the sheriff, but if that goes beyond a dispatcher making a sticky-note, I’d be surprised. As far as call law enforcement after the fact, lol, of course not. Never do that. Call an attorney first, let them contact law enforcement if necessary.
If you’re in the wilderness in Texas, the odds of having to shoot a dangerous animal are exceptionally low. Perhaps a bobcat if you’re out in Big Bend State Park. Otherwise, the only thing you’re likely to see would be snakes, skunks, or coyotes, all of which can be killed on sight provided it’s not otherwise illegal (like shooting across a roadway). In the exceptionally unlikely event someone has to shoot a hostile deer or other regulated game animal then a report is supposed to be made to a game warden who will likely seize the animal.
__________
Thank you, affiliated attorneys, for sharing your experience and knowledge. Members, please return next month when we have a new question for discussion by our affiliated attorneys.