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I'm not disputing the existence of common law rights, I'm disputing the existence of and prosecution using common law offences.
The court in that instance held that the owner of the chickens had a right to protect his chickens from being killed by dogs and that right couldn't be usurped by legislation. Nothing at all to do with a common law offence.
Thanks for clarifying; I wasn't sure what point you were trying to make or how it was applicable to the discussion(still not sure how it's relevant).
There are states in which common law crimes can be prosecuted, btw.
Thanks for clarifying; I wasn't sure what point you were trying to make or how it was applicable to the discussion(still not sure how it's relevant).
There are states in which common law crimes can be prosecuted, btw.
No problem. The only real point I was trying to make is that something is legal until it's made illegal by statute – with very limited exceptions. In a rural place like Montana it seemed unbelievable that laws wrt livestock and animal welfare wouldn't be codified.
If the person was a threat, he would definitely shoot them. He's had to run people off in the past, especially teens who were running around on motorcycles. He's shot near boats on the river that were full of drunks shooting handguns randomly in the air in his direction.
He lives on 500+ acres with few neighbors. What do you think he should do when some random dog comes bounding onto his land? The general response in those cases is to shoot the dog before it has a chance to hurt you, unless it has a collar and is obviously friendly.
Must be terrible to live one's life in so much fear. I don't own a single gun, so in my case I'd go inside and maybe call animal control. But I'd first assess the situation, and consider maybe the poor dog is lost or was abandoned nearby. I certainly wouldn't kill them simply for existing on my land, and don't fear dogs enough to think such a response (aside from clear & present danger/threats) would ever be necessary.
And I'm not in a city or suburbs, before you go assuming I'm a "city girl." I live in a semi-rural mountain town, where some people actually LET their dogs free-roam (despite laws that prohibit this). I've still never heard of anyone shooting a dog here; but we also don't typically have livestock, due to smaller property sizes and the abundance of wild coyotes/mountain lions/boars/hawks/etc. If anyone does have chickens or other small livestock, they're kept in a VERY secure enclosure to avoid being killed by the wildlife.
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