Whether you think of your pets as members of the family, or your property, generally owners want to protect them. So, it was no surprise to me when a Fort Collins man made the choice to shoot a bear that had entered his backyard and was threatening his dog. I was surprised, however, to find out that the man was being charged with three misdemeanor crimes stemming from the incident. The man was charged with Unlawful Take of Wildlife, Unlawful Possession of Wildlife, and Unlawful Discharge of a Firearm.
Unlawful Take and Possession of Wildlife in Larimer County
The Colorado Parks and Wildlife statutes outline when, how and if it is acceptable to kill wildlife. Wildlife – Illegal Possession – C.R.S. 33-6-109 – addresses both the Unlawful Take of Wildlife and Unlawful Possession of Wildlife charges as follows:
What is interesting is that they decided to pick apart this statute and charge the man with multiple offenses under this statute. In Larimer, Boulder, and Grand County, the punishment for this crime is based on the type of wildlife involved. For a bear, the convicted party is required to pay a fine of one thousand dollars. Seeing as the man is facing two of these charges, he could be required to pay $2,000.
[pullquote align=”center” textalign=”center” width=”90%”]Have you been charged with a Fort Collins Municipal Offense? Contact the experienced attorneys from the O’Malley Law Office to defend you today![/pullquote]
What’s most interesting to me in this case is the exception written into the law about when it is okay to take or possess wildlife. These actions are permitted when they are taken to prevent the wildlife from inflicting:
- death, damage, or injury to livestock
- damage to real property
- damage to a motor vehicle
- death, damage or injury to a human
Seriously? You can shoot a bear if it is going for your parked car in the driveway, but not your dog? That seems a little confused to me.
Unlawful Discharge of a Firearm in Fort Collins
On top of the charges the man received for killing the bear, he was also charged with the Fort Collins municipal offense of Unlawful Discharge of a Firearm. In Fort Collins, along with many other municipalities like Loveland and Estes Park, it is illegal to fire a weapon within city limits. While there are certain exceptions to this rule as well, none of them cover shooting at a bear attacking your dog.