Killing Dogs in Michigan

Pit Bull

Another interesting one from the MCRGO newsletter:

Q: What are the deadly force rules for defending myself against a dog?

A: Since a dog is not a human being, the rules of "deadly force" as such do not apply. However, there is a Michigan statute on point, MCL 287.279 (The Dog Law of 1919, as amended), which states:

"Any person including a law enforcement officer may kill any dog which he sees in the act of pursuing, worrying, or wounding any livestock or poultry or attacking persons, and there shall be no liability on such person in damages or otherwise, for such killing. Any dog that enters any field or enclosure which is owned by or leased by a person producing livestock or poultry, outside of a city, unaccompanied by his owner or his owner's agent, shall constitute a trespass, and the owner shall be liable in damages. Except as provided in this section, it shall be unlawful for any person, other than a law enforcement officer, to kill or injure or attempt to kill or injure any dog which bears a license tag for the current year."

So, any citizen is privileged to kill any dog that is in the act of attacking people, or other animals. However, a properly-licensed dog may not be harmed unless it is in the act of attacking. Of course, all the rules of common sense and gun safety still apply and, if you find youself in a position where it is required to use a gun to defend a person or another animal from a vicious dog, you should be aware of the placement of your shots as you still may have liability for bullets that strike other animals, people, or property. If your use of your gun is found to be unreasonable, in that the dog you shot, or shot at, was not in the act of attacking, you will probably face criminal charges and potential civil suits. So, even though dogs are not people, your gun is still considered deadly force and should only be used judiciously and in case of emergencies.

As MCRGO is a Michigan organization, your mileage may vary in other states. Be sure to know your local laws.

Saying that, I freely admit that I need to know mine better than I do.

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