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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33244
Experience:  Began practicing law in 1992
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Good evening, I live in Miami, Fl. Tonight my dog was inside

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Good evening,
I live in Miami, Fl. Tonight my dog was inside my yard, a person walking 2 dogs passes by and one of the dogs came inside my yard, my dog bit him, the person walking whose dog came inside my yard pulled out a gun and shot my dog in the leg. My dog never left my property, the police came and they took the person's gun but didn't press any charges because according to the officer "A dog is a property, not a person". They are going to amputate my dog's leg the shooter had no consequences, the police let him go, even though he admitted to shooting my dog inside my yard. What legal rights do I have, if any?

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

I need you to be a little more specific in your question(s) if you could. When we answer general ones like "what are my rights" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Customer: Does a person have the right to fire a gun into my yard with no consequences?
JD 1992 :

No. The policeman is correct about a dog being property but it is still illegal for them to shoot property in your yard. Using his example it is no different than him pulling a gun and shooting the tires out on your case.

JD 1992 :

The conduct of the gunman would potentially violate a number of laws, including reckless conduct, criminal mischief, and others.

JD 1992 :

In addition, you could sue him civilly.

Customer: This person is a security guard with I suppose a license to carry a weapon, the police only took his weapon but didn't charged the shooter with anything. Do I have a strong case if I decide to take this to court
Customer: What other laws did he violate that you can think of, beside the ones ou already mentioned?
JD 1992 :

Yes, there is no excuse for what he did. In addition, you should report this to the higher ups at he police department, the company that he works for, and the state agency that licenses security guards and issue the gun permits.

JD 1992 :

There is going to be something along the lines of reckless discharge of a firearm.

JD 1992 :

Also contact the District Attorney.

Customer: Ok, thank you for your advice, how can I get a print out of this chat? I'm afraid that by tomorrow I would forget all these legal terms
JD 1992 :

Once you issue your Positive Rating (of course I'd recommend Excellent) this will change into a regular Q and A format and you can then print it using your browser's print function. You can also return to it in the future.

Customer: OK, thank you, XXXXX XXXXX
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