On occasion, clients will inquire whether Pennsylvania has any laws regarding the killing of a dog that is attacking him/her or his/her pet. To the surprise of most, Pennsylvania law does have a provision relating to this issue.
Under 3 P.S. 459-501, Killing dogs, dogs as nuisances, Pennsylvania law authorizes any individual to kill a dog which that individual sees in the act of “pursuing or wounding or killing any domestic animal, wounding or killing other dogs, cats or household pets, or pursuing, wounding, or attacking human beings, whether or not such a dog bears the license tag required by the provisions of this act.” Furthermore, the statute grants immunity from liability to any person that acts within this scope.
However, there is an exception to the law. Specifically, “Licensed dogs, when accompanied by their owner or handler, shall not be included under the provisions of this section unless caught in the act of pursuing, wounding or killing any domestic animal, wounding or killing any dogs, cats or household pets, or pursuing, wounding or attacking human beings.” 3 P.S. 459-501(c).
Needless to say, before acting, one should always consider the love and affection that the owner of the dog has for it. It is likely no different than the love and affection that you share with your pet. Always consider less-than-lethal alternatives, whenever possible, if you find yourself or your pet in this situation.
Published by Joshua Prince, Esq.
With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon.
I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with:
- License to Carry Firearms Denials;
- Challenges to Erroneous PICS Denials;
- Relief from Firearms Disabilities;
- Estate Planning Advice;
- Gun/NFA Trusts; and
- 42 USC 1983 Actions for Deprivation of Civil Rights
At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding:
- ATF Compliance Inspections;
- Warning Letters and Hearings;
- FFL Revocations;
- Corporate Structure Advice
- Indoor/Outdoor Range Implementation; and
- Forfeiture Proceedings
In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI).
While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2.
You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth.
Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).
View all posts by Joshua Prince, Esq.
Prince Law Offices Blog 
Just a question regarding So if my neighbors dog is running across two yards which is probably like 200+ yards and is growling and barking and hair standing up at my 78 year old mother is that considered pursuing? My mom freezes so she isn’t running away. Don’t get me wrong I have a love for dogs but not if they are making my mother uncomfortable and even scared. Just want to know legality of protecting my family and pets from trespassing unwanted dog.
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