Right to Defend

Legal Rights & Wrongs

Alabama law makes clear that you may protect yourself, other people, and your animals from immediate threats on your own property. For example, a person cannot be convicted of harming a dog or cat when the animal is away from the owner’s premises and “threatens immediate physical injury or is causing physical injury” to a person or animal (§ 13A-11-246). The law does not exempt actions taken in revenge, such as after the damage has been done. Although the law refers to both dogs and cats, cats do not present a genuine threat of immediate physical injury to any person or livestock due to their size.

You are not allowed to injure or kill an animal just because it comes on your property, defecates on your property, or causes property damage (for which you should consult with an attorney to seek compensation for your property damage).

Nonviolent Remedies

Most harm to dogs is done by people who are unreasonably scared, not as defense against an actual threat. Harm done in such a circumstance is not legally protected and can be devastating to a pet owner whose dog may have slipped out due to no fault of their own, and you may be held liable.

If you see a dog near your animals, in many or most cases, it is not necessary to harm the dog. Simply making your presence known, such as by firmly commanding the dog to leave, may be sufficient encouragement for the dog to run off. If yelling at the dog or commands do not work, and if you have confirmed that it is legal to discharge a firearm at your location, you may be permitted to shoot into the air or in the direction or general vicinity of the dog to scare the dog away (ensuring the rounds you fire will not leave your property and inadvertently injure a person or an animal on its own property).

If you frequently see the same dog, consider speaking with the owner (if known), reporting an at-large violation (if applicable), or requesting that the dog be impounded.

Your Responsibilities

Consider also that you are responsible for protecting your livestock, such as with appropriate fencing and a secure chicken coop. While there is no state-wide law that specifically prohibits owners from allowing chickens to roam, such a practice leaves a scent trail that can attract predators of all types and is akin to baiting. Is it fair to harm a dog that, out of instinct, follows that trail from the pet’s own yard to yours?