Like all other legal questions, the correct answer always begins with “it depends.” The scenario described was the start of the conversation. We also discussed many of the other factors everyone spoke about. This incident occurred near the Jefferson County/Bullitt County line, an area that would be classified rural/suburban. It was more likely that the incident occurred in Jefferson then Bullitt County. There is some distance between residences with not a lot of street exposure and street lights, if any, are at intersections only.
There were no other people seen out or about in the area and the closest home was about a football field away. The owner of the dog was about 200 or so feet away. When the owner came into view, the firearm had already been reholstered. Because it was dark, identification of anyone would have been extremely difficult.
I will start with either answer could be correct. Based on all of the facts and circumstances, the best answer at the time was not to call the police but, if they showed up at the door, assert your right to counsel and call me immediately.
Factors that played into this decision were the location, the likely jurisdiction, time of day and darkness, population density and street exposure. There were no shots fires, the firearm was not pointed at any person and no .
There are pros and cons to calling or not calling the police.
If you don’t call and no one else calls, there is no police involvement.
If someone else calls the police and you do not call and they can identify you, it puts you a step behind.
If you call the police and no one else calls, you have just opened the door to being questioned. (In Bullitt County, LE would ask you what happened nod their head and say “ya probly shoulda shot the dawg.” In Jefferson County, depending on the LE agency that responds (in addition to the Louisville Metro Police Department and Jefferson County Sheriff’s Office there are over 20 smaller departments with between 1 and 50 officers), the same thing may happen or you may be walked away in handcuffs.
If it was going to be reported, it would have been as a victim of a possible dog attack.
Again, there is no simple answer and either could be appropriate depending on the circumstances.
This scenario happened to my wife & I. I did call the police. They arrived 30 minutes later. We waited in our car. The police went to the homeowner after our complaint. We went back to the area a couple of weeks later and the homeowner had invisible fence flags around the perimeter of the yard. Everyone’s now safer.
This happened in Guntucky (also know as Syria by some ABC News reporters). ABC News Airs "Syria" Footage From A Kentucky Gun Range - YouTube. It is a gun friendly jurisdiction for the most part except in Jefferson County where the Mayor keeps trying to get a waiver from the Kentucky Preemption statute.
In the past, I reluctantly represented a person whose dog was shot by police. The firm I was at eventually dropped the client and I am now friends with the police officer who shot the dog.
I’ve been on the receiving end of law-enforcement as a child but there have been several instances as an adult that was ‘treated’ like a criminal for no particular reason.
§8. Criminal conduct Criminal conduct consists of: (1) An act or a failure to act that produces criminal consequences, and which is combined with criminal intent; or (2) A mere act or failure to act that produces criminal consequences, where there is no requirement of criminal intent; or (3) Criminal negligence that produces criminal consequences. Original Source BACK TO THE LIST OF CRIMINAL LAWS IN LOUISIANA…
From where I sit, I say NO, he drew his phone to dial 911, obviously I’m one of those reliable EYE witnesses. I was only 3000 miles away. I could clearly see it was an attack dog and a cell phone. That’s my story and I’m sticking to it.
As far as I know, there are no laws that require you to notify the police if you draw a weapon.
The secondary response would be, he might consider calling, just to inform them that he had an aggressive animal approaching and he drew a firearm but did not discharge it and it did return to what appeared to be it’s home. It might also create a record with the police department in case it is an aggressive dog and you need supporting data in case of future issues…
Just in case the home owner did see something and wanted to call and cause trouble… or Mrs. Kravitz was doing her thing and snooping from behind the drapes…… and she has the police on speed dial.
But I would return to I am not aware of a law that requires notification of drawing an arm… and if everyone who drew in case of an aggressive animal that turned and went away, it would be almost as bad as the woman who called 911 for a firefighter with a long hose to help her put her ‘fire’ out…
No. Police have much more important things to do than deal with a non-issue especially nowadays with less staff and support. Do not add needless burden to them.
Yes, My legally carried CC sidearm was drawn without hesitation. I had only reverted to my NRA and other advanced tactical training. It’s automatic. We were in a rural area outside of a small village in Northern Michigan. My wife and I were legally there, with permission, to walk a 5 acre parcel of vacant land that was for sale, with a realtors sign posted on the property.
We were returning to our parked car but not so close that my wife would be able to get to the passenger side and get in; which would have been my first choice if possible, but it wasn’t possible.
The dog charged from across the gravel road from about 700 feet away. It was somewhere around 40 - 50 pounds and all I could see was the old tiger paw tire commercial ; paws and teeth charging towards us. No doubt I had gone into tunnel vision in this incident.
I ordered my wife to get behind me; normally I wouldn’t consider this type of conduct, but she knew that the manure was hitting the fan, and complied without hesitation. Thank God!
I started screaming bad dog, bad dog, go home, bad dog…which seemed to only add fuel to the fire.
The dog stoped about 6-8 feet from me, barking and acting mean. It was a standoff, then suddenly, after 20 seconds or so, the dog turned 180 degrees and trotted back to his home.
So I shot it in the ass…that’s a joke…ha ha…only thrown in to lighten this event. Joke!
Nine eleven was called, about 30 minutes later an officer arrived, pulling up with his cruiser face to face with us about 30 feet away. I had my drivers license and CC permit ready and laying on the console with hands visible at the 10 and 2 position on the steering wheel.
The officer approached the drivers side and he asked politely if I had called? Then he asked if there was a gun involved? Then he asked where is the gun currently at? Then he asked for the paperwork. Yes, yes, in my holster, and here you are, Sir. He replied, keep the gun where it currently is at and I replied yes, Sir.
He went back to his cruiser, made the calls necessary, came back to return the paperwork to me, and then asked me for the details of the event. I made it clear that I was afraid of injury to my wife or myself and we were attacked.
He listened carefully and then said, “Take care, I’m going to speak to the owner of the dog and you may leave.”
He drove to the house and we drove away.
This happened about 5 years ago and concludes my testimony.
It really annoys me when people think that their beloved pet has the same rights as a human and that they can let tinkles or fluffy or fangs run loose in public. They do not and by law , in Michigan, it’s an infraction.
Dig bites have seriously injured and killed innocent people. I always carry an oak hiking stick when walking, as many pets want to smell your crotch, and what’s with that anyways? The 5 foot stick keeps them at bay for they aren’t trained and don’t want to get hurt. A walking stick makes for a fine 5 iron.
I was attacked another time years earlier while brush hogging on my family tree farm in central Michigan by a trained german shepherd that had broke loose from its owners chain. Evidentially that shepherd missed the class on “Not attacking an operator driving a tractor pulling a large cutting machine”.
You are welcome. It was shortly after the tractor incident that I realized that a CC was necessary, and as Jeff Cooper was quoted to have stated, “ you can not make an appointment with an emergency.”
I would because if you don’t, and the owner saw you, he might call that you did and threatened more than the dog and you could be in more trouble than you asked for. Remember, the first call is the one believed. Is it right? Who knows! CYA
In my county “Animal Control” is under the Sheriff’s Department. The Sheriff is very pro-2nd Amendment, even opening his range 1 day a month for citizen training.
I’d call 911 to get “Animal Control” if an animal threatened me. They will also clean up and do rabies tests, if needed.
Not long ago I had two unknown dogs in my yard chasing a faster cat. The cat got away over the back fence and the dogs came into the front yard where I was. I didn’t think I could out run them to my front door, so I gave them a stern “Go home!” order and they acted like they had heard that before and obeyed!
