imported post
ok ive been reading through the forum/case history links for the past for days and have a couple questions. ive been carrying for ~5 years now and have not even come close to even think about drawing thank god.
however thinking back i can recall one incident in which i would have and would like to know whether it would have been justifiable. I was walking my golden retriever (8 years old and completely harmless) on public property in a leash law county. a black lab off leash without an owner in sight ran to us aggressively. my dog attempted to defend me placing himself between me and the lab who kept approaching. the Lab almost instantly got my older dog by the throat and would not let go; drawing blood. since i did not carry at the time i ended up severally spraining my wrist pounding on the dogs head (im ~200lbs but it had zero effect after 10+ strikes). so i resorted to kicking the dog in the ribs about a dozen times until he let go. my dogs neck was bleeding severally and my hand was hurt really bad. the other dog ended up with broken ribs/internal bleeding and was ultimately put down. the police rightfully did not charge me with anything and i am not sure what happened to the labs owner (it had rabies vac. was all i worried about).
so long winded story over; if i had a handgun i would have used it. in virginia would this have been a legal use (jurisdiction had no firearm discharge policy)?
second when the cases refer to "trespassing" most of the context is someone crossing/on a property. do the rules regarding use of force re trespassing also apply to home invaders? once someone enters your residence/buildings does the situation change? i would assume since they would be breaking/entering in addition to trespassing the resident would have more latitude in his options; correct?
ok ive been reading through the forum/case history links for the past for days and have a couple questions. ive been carrying for ~5 years now and have not even come close to even think about drawing thank god.
however thinking back i can recall one incident in which i would have and would like to know whether it would have been justifiable. I was walking my golden retriever (8 years old and completely harmless) on public property in a leash law county. a black lab off leash without an owner in sight ran to us aggressively. my dog attempted to defend me placing himself between me and the lab who kept approaching. the Lab almost instantly got my older dog by the throat and would not let go; drawing blood. since i did not carry at the time i ended up severally spraining my wrist pounding on the dogs head (im ~200lbs but it had zero effect after 10+ strikes). so i resorted to kicking the dog in the ribs about a dozen times until he let go. my dogs neck was bleeding severally and my hand was hurt really bad. the other dog ended up with broken ribs/internal bleeding and was ultimately put down. the police rightfully did not charge me with anything and i am not sure what happened to the labs owner (it had rabies vac. was all i worried about).
so long winded story over; if i had a handgun i would have used it. in virginia would this have been a legal use (jurisdiction had no firearm discharge policy)?
second when the cases refer to "trespassing" most of the context is someone crossing/on a property. do the rules regarding use of force re trespassing also apply to home invaders? once someone enters your residence/buildings does the situation change? i would assume since they would be breaking/entering in addition to trespassing the resident would have more latitude in his options; correct?