Buffalo Police claim its legal to shoot any loose Pit bulls because their aggressive?

Asked over 1 year ago - Buffalo, NY

The Buffalo Police Fired shots at my dogs because they were loose, My female was going potty on my front lawn when he fired the first shot. they then ran back into my fenced in yard and into my back patio, The police went in my neighbors yard and with rifles over my 6ft fence, they called my dogs to come out so they could shoot them. I got there and was surrounded by 5 officers and a dog control officer, they made me surrender my dogs. The cop who was shooting at them was hiding behind 2 other officers when I brought them out ( as they wagged their tails and sat while I talked) How is this legal, A guy who's afraid of dogs can make a decision and has the right to kill? No blood and I was told I can pick them up Monday, But By this rule any bald guy is a white supremacist, Blacks bad so-on

Attorney answers (4)

  1. Susan Jo Civic

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . As someone who has had pit bulls, I totally sympathize you. They are wonderful dogs widely misunderstood because of the way some people treat them and raise them for fighting. What happened was horrible but I have never heard of a dog control officer using guns as a first defense against a stray. You may want to use this experience as a springboard for discussion at city meetings to change the way bully breeds are dealt with. Or write your local congressperson or mayor to tell him/her what happened and ask for a change. From a practical standpoint, regardless of breed, most cities have ordinances that requires that dogs should always be restrained when outside either on a leash or behind a fence, not just for public safety reasons, but for your dog's safety as well. You may also want to talk to your neighbor to let him know your dogs are very friendly, you feel bad that he was so scared he felt he had to call the police, and arrange for him to meet your dogs so he will know for the future that they are not vicious. Some people, of course, may be inapproachable on this subject but it's worth a shot to prevent anything similar in the future.

  2. Elizabeth Lorraine Elliott

    Contributor Level 14

    2

    Lawyers agree

    Answered . You need to consult a local attorney familiar with civil rights laws (4th Amendment violations; also 42 USC 1983 Actions). Your state bar association has an animal law section that may be able to refer you to an animal lawyer who could help you. Also, NYU has an active Student Animal Legal Defense Fund organization that could provide some assistance.

    This is not to be construed as legal advice. I do not have an attorney client relationship with you.
  3. Eric Edward Rothstein

    Contributor Level 20

    Answered . Speak to a local ASPCA.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  4. Jayson Lutzky

    Pro

    Contributor Level 20

    Answered . Need to check local laws regarding dog license and leash laws. Contact a local lawyer regarding your local dog laws. As someone else mentioned also contact ASCPA.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more

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