Question on discharge of a firearm

[bumbed273]

What is the name of your state? California



Hello everyone and thank you very much for your attention.

Today has been a bad day. I was home here in CA, LA county and my dog was being bitten through our fence by 2 other dogs. They got a piece of his paw and so I ran out there and tried to pull the other dog off and could not. I grabbed a pipe that was laying around in my back yard and pried the jaw open so I could get my dog loose.

Here is where it got bad. After that happened I of course pulled my dog away but the other two dogs managed to work there way through an opening in the fence. They came strait at me. I was trying to get my dog in my house but when they got close I took off fearing for myself. Both dogs begin attacking my dog in my back yard I ran in the house not knowing what to do and fired a round from my rifle at one of the dogs. I did not hit the dog but it scared them back long enough for me to pick up my dog and run inside the house.

I ran to the phone and dialed 911 to report that I had fired a round. I was very afraid and did not know what else to do at the time. The police came wrote a report then gave me a citation =13.66.040 UNLAWFUL DISCHARGE OF FIREARM -Misdemeanor

I am very worried of what will happen when I go to court. I was very afraid and just did not know what to do.

Can anyone give me any guidance or information on what this charge or situation my lead to?

Thank you very much for any assistance or thoughts.

Sam G.

 

[AmosMoses]

I live in Louisiana...over here we would get arrested for not using a gun in that situation. Talk with a lawyer, but I would think that if you feared for your safety that you should fare OK, but I don't know the law in LA, much less CA! Did you hit any neighbors property? How urban is the area that you live in? I assume that only you called the cops via 911, and that no one else complained. Did the other dog's owner or anyone else get into this? What I mean is, do you have witnesses for or against you in this matter? It seems odd to me that they would have charged you with you calling them, but stranger things have happened. Good luck!

 

[JETX]

Without the benefit of being 'on scene' and hearing all the facts, here is how I think the officers came to issuing you a citation.....

Your dog was under attack by two other dogs. This was not a person under attack, but a dog. Your actions of discharging a weapon could have injured a person. A discharged round can travel a LONG way and we have no idea what your neighborhood is like, or what might have been in the line of fire. There could have been other houses, neighbors, children, schools, churches, etc......... simply too many risks to just allow discharging of a weapon in the neighborhood.

Simply, there may have been a greater risk of injury or death to a person, than was warranted to protect your dog.

Now, before everyone gets in a huff about 'poor doggie', I am only saying that a discharge of a weapon to protect an animal, at the possible risk of a person, is a valid offense.

 

[Son of Slam]

I live in Louisiana...over here we would get arrested for not using a gun in that situation. Talk with a lawyer, but I would think that if you feared for your safety that you should fare OK, but I don't know the law in LA, much less CA! Did you hit any neighbors property? How urban is the area that you live in? I assume that only you called the cops via 911, and that no one else complained. Did the other dog's owner or anyone else get into this? What I mean is, do you have witnesses for or against you in this matter? It seems odd to me that they would have charged you with you calling them, but stranger things have happened. Good luck!

You live in a whole different LA, AmosMoses. In Los Angles if you can fire a gun in the air and have the bullet hit dirt when it comes down, you've won the lottery.

Why anyone would call the police on themeless in this situation is ??? In some parts of L.A. hearing gunshots is common. Gangs love to discharge their weapons to test, intimidate or impress.

Self defense could be an excuse, but going into the house and coming back out, kind of blows that. I would be surprised if the poster is allowed to keep anything more powerful than a BB gun after this.

 

[AmosMoses]

Sam

At least it's a misdemeanor. You id it and admit to it, and I swear for the life of me I don't see them "throwing the book at you". If you can afford to hire a lawyer he may well be able to do some good with this by talking with the prosecotor, especially being that he's starting with a misdemeanor anyway. You made a little mistake that could have turned out very bad. If you live in a populated area, you need to keep in mind how deadly guns can be. I'm not saying don't use one IF you need it, but I think what you should have done in this situation was maybe carried the gun out there with you in case of a REAL emergency, and started bootin' some dogs in the ass!

 

[bumbed273]

thank you for your reply's. I do live in a populated area and the shot hit the floor. I do have a witness that is on my side. My neighboor (not the owner of the other dogs) saw everything and is on my side. I will contact a lawyer on monday.

JETX I certainly understand your point of view and have thought because of that the judge will say nope sorry you are wrong and hit me with whatever they want.

I was however very afraid not only for my dog's safty but for my own when I went back outside. Maybe I should have let them kill my dog and waited in the house?? It is very distressing because I am not a animal lover but I could not stand seeing my dog get tore up by other animals so I needed to get them off.

 

[HomeGuru]

If you shot one of the dogs you could have claimed self-defense.

 

[JETX]

"the shot hit the floor."
*** Hit the floor of what?? You said you were outside. Was this 'floor' concrete, tile, dirt, what?? Do you know where the bullet is NOW?? It really doesn't matter where it is..... assuming you are not trained to consider 'line of fire', you very likely did NOT consider what was down range of you at the time. And that was likely taken into consideration when you were cited.

"I was however very afraid not only for my dog's safty but for my own when I went back outside."
*** Sorry, but that CANNOT be true. If you were truly concerned for your own safety, you would NOT have put yourself back into harms way once that threat was removed (and you were in the security of the house). You were ONLY concerned about your dog (as shown in your original post) and you decided to try to defend with 'discharging a weapon'.

Actually though..... all this is moot. You were clearly guilty of the charge stated on the ticket. The only issue now is whether a judge will 'cut slack' on the sentencing or fine due to your excuse.

LA County Code:
"13.66.040 Discharging firearms -- Restrictions generally.
A person shall not shoot, fire or discharge, and a person, firm or corporation shall not cause or permit to be shot, fired or discharged, any rifle, shotgun, pistol, revolver or firearm in the general direction of any house, camp or place of human habitation, or in the general direction of any public highway, road, street, way, park or premises, unless the place from which such rifle, shotgun, pistol, revolver or firearm is shot, fired or discharged is at least one-half mile distant from such house, camp or place of human habitation, or is at least one-half mile distant from that portion of such public highway, road, street, way, park or premises toward which such rifle, shotgun, pistol, revolver or firearm is shot, fired or discharged. The exception in Section 13.66.010 to destroying or killing any predatory or dangerous animal does not apply to this section. (Ord. 7381 § 1 (part), 1958: Ord. 1769 Art. 3 § 304, 1929.)"

 

[Mike101]

I think it all depends on where the round went. Straight into the ground, floor? Where was the weapon pointed? Did you miss the dog or did the firearm discharge accidently?

 

[AmosMoses]

I sure hope you mean "ground" when you say "floor"!!

 

[Son of Slam]

I sure hope you mean "ground" when you say "floor"!!

I told you. In L.A., the "ground" is ether covered by floor or road.

 

[HomeGuru]

I told you. In L.A., the "ground" is ether covered by floor or road.

**A: huh? In LA, the ground is not ether either unless the medical facility is underground.

 

[bruce richards]

There is all different kinds of laws regarding this kind of thing. It may not be illegal just because the projectile didn't leave your property. You didn't say if or not they took your gun. It may only be an infraction. if it is more don't take what they offer and have a jury trial even if you have to use a public defender. make them work for you. U don't want to lose your gun rights for any amount of time. Do not accept a misdemeanor conviction!!!

 

[TB185]

This is just another reason not to live in California. You should read the city ordinance for the offense you were charged with. It may have exceptions listed that include your circumstances. Where I live in Oklahoma, the city ordinance does.

Here is the ordinance in the City of Moore:

SECTION 10-407 CARRYING. DISCHARGING FIREARMS.

A person is permitted to carry firearms open and unconcealed only as may be authorized by state law.
It is unlawful for any person to discharge a firearm within the city except when doing so in line of duty, in defense of oneself, of another person or property or when otherwise authorized by law or ordinance. "Firearms" as used in this section includes air rifles, BB guns and all firearms as defined by state law. (Prior Code, Sec. 16-54, 16-55)

You should also contact the court clerk. The punishment may only be a fine.

 

[nhunsb1]

In your first post you said that you pointed the gun at the dog and missed. Is this correct? If so then according to the law

LA County Code:
"13.66.040 Discharging firearms -- Restrictions generally.
A person shall not shoot, fire or discharge, and a person, firm or corporation shall not cause or permit to be shot, fired or discharged, any rifle, shotgun, pistol, revolver or firearm in the general direction of any house, camp or place of human habitation, or in the general direction of any public highway, road, street, way, park or premises, unless the place from which such rifle, shotgun, pistol, revolver or firearm is shot, fired or discharged is at least one-half mile distant from such house, camp or place of human habitation, or is at least one-half mile distant from that portion of such public highway, road, street, way, park or premises toward which such rifle, shotgun, pistol, revolver or firearm is shot, fired or discharged. The exception in Section 13.66.010 to destroying or killing any predatory or dangerous animal does not apply to this section. (Ord. 7381 § 1 (part), 1958: Ord. 1769 Art. 3 § 304, 1929.)"The exception in Section 13.66.010 to destroying or killing any predatory or dangerous animal does not apply to this section. (Ord. 7381 § 1 (part), 1958: Ord. 1769 Art. 3 § 304, 1929.)"

Unfortunately your shot missed, however I would think that this situation would still qualify.