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-- Direct from UKC Legal Counsel (http://forums.ukcdogs.com/showthread.php?threadid=928409685)


Posted by high ridge on 02-21-2015 07:20 PM:

But,Todd in my earlier post if me and one more turn loose in a nite hunt with the intention to fight we are guilty of fighting,yet covered since we are in a hunting condition. Let them catch on to that and we are screwed. Just CHANGE FOUR LEGGED ANIMAL TO DOG. WHY THE HECK IS THAT SO HARD TO DO? It's because they don't want hog bays,bear bays,etc. and if you are caught at them you are fighting and all the hounds you raise are now fighters.

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Posted by buck brush on 02-21-2015 07:21 PM:

quote:
Originally posted by Todd K / UKC
No. Because that is not putting two animals together to cause them to fight.


as always people putting things in it that are not there, I'm no lawyer and I can interpret what this law is saying.

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Posted by carter on 02-21-2015 07:26 PM:

quote:
Originally posted by Todd K / UKC
If a dog catches a coon on the ground wouldn't that be hunting, trialing or training?
Tell that to HSUS and PETA lol. What a joke!


Posted by carter on 02-21-2015 07:27 PM:

quote:
Originally posted by bobbycagle1
But causing a big boar coon to come down the tree and fighting my dogs could be looked at that way??? Right??? I mean you're causing them to come together and fight!!!
Exactly Bobby! They would burn you alive at the cross!


Posted by high ridge on 02-21-2015 07:28 PM:

quote:
Originally posted by high ridge
But,Todd in my earlier post if me and one more turn loose in a nite hunt with the intention to fight we are guilty of fighting,yet covered since we are in a hunting condition. Let them catch on to that and we are screwed. Just CHANGE FOUR LEGGED ANIMAL TO DOG. WHY THE HECK IS THAT SO HARD TO DO? It's because they don't want hog bays,bear bays,etc. and if you are caught at them you are fighting and all the hounds you raise are now fighters.


Still waiting for answer on my scenarios.

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Posted by berger on 02-21-2015 07:29 PM:

quote:
Originally posted by rough country
What if a dog fights breaks out in a UKC cast we all don't like it but it happens both dogs are scratched and it is filed in UKC records can the hsus not come into the office and pull these record and both party's be charged with a felony plus can the land owner because he let the cast hunt on his property may sound like a dumb question but one I was wondering about


quote:
Originally posted by Todd K / UKC
No. Because that is not putting two animals together to cause them to fight.


Let's have a closer look at this.
Rough Country most generally No, Which makes Todd partially right.
The way the law in Ky. is now No. The way the new Bill is proposed, Yes it could happen.

Let's just say that a fight did break out and 1 dog needed vet assistant and was brought to the vet clinic to get stapled up. Now if someone saw the dog took photos and filed a lawsuit against the owner for animal cruelty. The owner would need to go to court and defend himself and his dog. Now it was brought up in court that this was a UKC licenses event.
HSUS would not be able to walk into the UKC office and ask to see all records to dogs scratched for fighting. But a subpoena by a court could unless UKC would not turn those records over. Which then UKC would be held In Contempt of Court.

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Posted by high ridge on 02-21-2015 07:29 PM:

quote:
Originally posted by high ridge
Would this be an example....

Dog A and B Treed. Dog A gets rowdy,dog B gets rowdy. Owner of dog A says dog B can't move his,dog B says no dog A can't handle me. We have now just went from hunting to placing them in a fight situation. And,we have all heard fellows say this. So,then it goes from a licensed nite hunt to a licensed nite fight. Sounds far fetched but I bet a Perry Mason could argue it and get a bleeding heart jury and you are guilty.

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Posted by high ridge on 02-21-2015 07:30 PM:

quote:
Originally posted by high ridge
Heck,if I was gonna fight one that's what I would do. Go to a sanctioned hunt and see how many mine could whip. You could take bets on whether any dog could stay or whether you would be caught and scratched or not. I honestly think a nite hunt could save the dog fights. You would just have to fight hounds. Think about it,registered dog,at a licensed event,acting under hunting conditions. I am safe all the way around.

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Posted by ant12 on 02-21-2015 07:31 PM:

Scary

The proposed addition is very scary, this is copied from first post:

The proposed bill would add the following wording to expand the class of animal fighters who can be charged:

"Any person who knowingly owns, possesses, keeps, breeds, trains, sells, or otherwise transfers a four-legged animal for the purpose of that animal or its offspring being used to fight for pleasure or profit is guilty of cruelty to animals in the first degree."


The scary part is "or its offspring" this is very broad, and all encompassing. A breeder of ANY dog known for dog aggression will have to be very very careful who they sell to or stop breeding all together. If someone they sell to uses dog for fighting, then breeder can and will be brought into this no matter how innocent. Because they should have known, since they sold a dog that is traditionally or was breed in the first place to be a fighter.

Think this is far fetch, think again. The knowingly part encompasses what a reasonable person should have known.

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Posted by high ridge on 02-21-2015 07:33 PM:

That's right. Raise a pit and sale it. You could be screwed.

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Posted by Dan Dogs on 02-21-2015 07:37 PM:

quote:
Originally posted by Todd K / UKC
If a dog catches a coon on the ground wouldn't that be hunting, trialing or training?
yes it would, until I sold the coon. then I could be considered by law as profiting from it.

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Posted by Todd K / UKC on 02-21-2015 07:39 PM:

quote:
Originally posted by high ridge
But,Todd in my earlier post if me and one more turn loose in a nite hunt with the intention to fight we are guilty of fighting,yet covered since we are in a hunting condition. Let them catch on to that and we are screwed. Just CHANGE FOUR LEGGED ANIMAL TO DOG. WHY THE HECK IS THAT SO HARD TO DO? It's because they don't want hog bays,bear bays,etc. and if you are caught at them you are fighting and all the hounds you raise are now fighters.


High Ridge....I don't know what it takes to change wording. It's not our bill. It's my understanding that it is hard. I don't know. Yes, I would like them to change the wording but the way I understand it, that is the wording in all States.

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Posted by Todd K / UKC on 02-21-2015 07:41 PM:

I have to sign off and go. I will be back Monday morning.

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Posted by dawgg03 on 02-21-2015 07:41 PM:

Can some of you pull and post your states bill?

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Posted by high ridge on 02-21-2015 07:45 PM:

We are not all states. What's good for one is not good for all. We know that.

Todd ,

Above all I know you are a hunter. I know you are not a supporter of groups that would jeopardize our rights. I feel you are caught in a bad spot. You will take some heat in your position for this,but I honestly feel you see the hunters side. I only hope you can do enough damage control to put the fire out on this one,because it is starting to blaze. A simple letter like the other club sent in,or for goodness sake take it off the UKC sight and cut affiliation.

To change wording takes lobbyist as we all know. I feel UKC has enough power and contacts to lobby for an amendment.

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Posted by berger on 02-21-2015 07:45 PM:

Re: Direct from UKC Legal Counsel

quote:
Originally posted by S Chisnell
525.125 Cruelty to animals in the first degree.
(1) The following persons are guilty of cruelty to animals in the first degree
whenever a four-legged animal is caused to fight for pleasure or profit:

The proposed bill would add the following wording to expand the class of animal fighters who can be charged:

"Any person who knowingly owns, possesses, keeps, breeds, trains, sells, or otherwise transfers a four-legged animal for the purpose of that animal or its offspring being used to fight for pleasure or profit is guilty of cruelty to animals in the first degree."




quote:
Originally posted by Todd K / UKC
A stock dog biting a cow to load it on a trailer or a herd guardian protecting a herd is not putting two animals together to cause them to fight.

I haven't really heard a good example yet of what might actually be a good example of something that could be misconstrued?



Todd what I believe is the very Key Ingredient or word's that UKC is missing here is in both of these laws.
Caused and Knowingly

In the first law it is caused to fight. That has protected the hound hunter and the farmer.

Then take a look at your response to the guardian dog and you say it would be exempt because your not Causing them to fight.

But in the new rule it would not protect that farmer, because he KNOWINGLY transported his animal to the field KNOWINGLY knowing the dog would in fact fight and kill another animal protecting his flock.

Caused and Knowingly is what changes this whole concept of protecting houndsmen and farmers. 2 way different meanings.

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Posted by high ridge on 02-21-2015 07:48 PM:

And my Pyrenees will fight for profit,because I have it in there guarding my flock. It's how the words are used. In today's time we must be so careful of wording.

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Posted by dawgg03 on 02-21-2015 07:50 PM:

NC has a wildlife hunting or providing food exemption in theirs.

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Posted by C Zink on 02-21-2015 08:03 PM:

Here is what I found in missouri .
FIGHTING
MO. ANN. STAT. § 578.025 (2013). Dogs, fighting, training to fight or injuring for amusement or gain, penalty—spectator, penalty.
1. Any person who:
(1) Owns, possesses, keeps, or trains any dog, with the intent that such dog shall be engaged in an exhibition of fighting with another dog;
(2) For amusement or gain, causes any dog to fight with another dog, or causes any dogs to injure each other; or
(3) Permits any act as described in subdivision (1) or (2) of this subsection to be done on any premises under his charge or control, or aids or abets any such act is guilty of a class D felony.
2. Any person who is knowingly present, as a spectator, at any place, building, or structure where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in subdivision (2) of subsection 1 of this section, with the intent to be present at such exhibition, fighting, or injuring is guilty of a class A misdemeanor.
3. Nothing in this section shall be construed to prohibit:
(1) The use of dogs in the management of livestock by the owner of such livestock or his employees or agents or other persons in lawful custody of such livestock;
(2) The use of dogs in hunting; or
(3) The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law.

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Posted by bobbycagle1 on 02-21-2015 08:06 PM:

This is not a good situation at all. To me, this will be an inroad into our free casting rights eventually.

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Posted by Chiggers on 02-21-2015 08:06 PM:

quote:
Originally posted by C Zink
Here is what I found in missouri .
FIGHTING
MO. ANN. STAT. § 578.025 (2013). Dogs, fighting, training to fight or injuring for amusement or gain, penalty—spectator, penalty.
1. Any person who:
(1) Owns, possesses, keeps, or trains any dog, with the intent that such dog shall be engaged in an exhibition of fighting with another dog;
(2) For amusement or gain, causes any dog to fight with another dog, or causes any dogs to injure each other; or
(3) Permits any act as described in subdivision (1) or (2) of this subsection to be done on any premises under his charge or control, or aids or abets any such act is guilty of a class D felony.
2. Any person who is knowingly present, as a spectator, at any place, building, or structure where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in subdivision (2) of subsection 1 of this section, with the intent to be present at such exhibition, fighting, or injuring is guilty of a class A misdemeanor.
3. Nothing in this section shall be construed to prohibit:
(1) The use of dogs in the management of livestock by the owner of such livestock or his employees or agents or other persons in lawful custody of such livestock;
(2) The use of dogs in hunting; or
(3) The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law.

I appreciate your support but you may should have kept quiet, they will come after Missouri next. They will want to change it to all four legged animals.

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Posted by C Zink on 02-21-2015 08:11 PM:

I'm sure they already know how it reads .

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Posted by berger on 02-21-2015 08:18 PM:

quote:
Originally posted by C Zink
Here is what I found in missouri .
FIGHTING
MO. ANN. STAT. § 578.025 (2013). Dogs, fighting, training to fight or injuring for amusement or gain, penalty—spectator, penalty.
1. Any person who:
(1) Owns, possesses, keeps, or trains any dog, with the intent that such dog shall be engaged in an exhibition of fighting with another dog;
(2) For amusement or gain, causes any dog to fight with another dog, or causes any dogs to injure each other; or
(3) Permits any act as described in subdivision (1) or (2) of this subsection to be done on any premises under his charge or control, or aids or abets any such act is guilty of a class D felony.
2. Any person who is knowingly present, as a spectator, at any place, building, or structure where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in subdivision (2) of subsection 1 of this section, with the intent to be present at such exhibition, fighting, or injuring is guilty of a class A misdemeanor.
3. Nothing in this section shall be construed to prohibit:
(1) The use of dogs in the management of livestock by the owner of such livestock or his employees or agents or other persons in lawful custody of such livestock;
(2) The use of dogs in hunting; or
(3) The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law.



I thought this new bill in Ky. was to get it more inline with the other States. Looks like the way the law stands now is in line with other states.

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Posted by high ridge on 02-21-2015 08:32 PM:

The Missouri bill sure don't say four legged animal. Guys we don't want ky saying four legged animal.

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Posted by dawgg03 on 02-21-2015 08:36 PM:

Our bill is dog specific.

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