Legalities of carrying an asp in AZ

[humor me]

After careful consideration I have decided I need something more substantial than my cane to protect my Service Dog and myself while walking due to loose dogs in the complex and on the streets. After being nearly attacked by loose, aggressive dogs on several occasions (management only calls the owners and warns them, never fines them or anything, and Animal Control hasn't done anything after 4 calls either) and being assaulted twice (one ending up in a protective order that still ended up nearly getting attacked by her dog), I.AM.DONE. I simply can't risk my dog anymore. I am covered under insurance, my dog is not.

I have discussed it with several Service Dog owners and we have reached the conclusion that an asp is probably the safest bet for us. I just need to know what the legalities are for Maricopa County in AZ. I have no charges of any kind, but considering that attacking a SD is a class 6 felony, I feel justified in protecting my SD. I have put 18 hard months of training into this dog, and she is working very well for me. I don't think anyone could afford the vet bills, re-training bills, loss of use, or (heaven forbid) replacement should I not be able to use her.

Thank you for any thoughts on this.

[Samuel]

1. Are you talking about using an expandable straight baton (e.g. ASP baton) to protect your dog against other dogs or people? (Because a "class 6 felony" won't apply to a loose dog or other animal).

2. A cane can easily be wielded just like a baton and there are a few canes designed for self-defense purposes available for purchase out there. All else being equal, you will run into FAR less "legalities" with a cane, especially if you require one, than with an expandable baton (AZ may be more relaxed about self-defense tools, ymmv).

3. If you require a cane for ambulation or are otherwise less mobile or physically able, a stick (cane/baton/etc) may not be the best choice for you. A stick or a club IS a natural extension of your arm and Was probably the first tool/weapon early man used but still follows the simple "rules" of 'the heavier it is and the harder/faster you swing it, the more impact it will have' - i.e. the effectiveness is largely proportional to how much energy/power the user can generate.

4. If you are talking about defending your dog against another dog, are you prepared for if/when the other dog decides to focus its attention on you (i.e. attack you)? Would an ASP be your first for defense in a vicious dog attack? It's one thing to use a stick or a club type object against something that's not engaging you and another against something that is violently attacking you.

5. In AZ, you MAY have more options than you think. Check with local LE and see what you're allowed to carry for personal protection. THEN, seek out and undergo good/proper TRAINING in the use of whatever it is you decide to carry!

[retdetsgt]

Carry hair spray or something like that to spray them in the face. An ASP would be impractical for you in many ways and wouldn't be nearly as effective.

[Cat_Doc]

While we have never met, Humor, I feel fairly safe, based on reading your prior posts over the last year or so, that you will do nothing more than invite trouble carrying around an expandable baton.

I doubt very seriously you posses the physical skills or mental mindset to properly deploy the tool.

Take RetDetSgt's advise and carry something of an aerosol you can spray at a loose dog. They really do not like anything being sprayed in their snout and face, especially if it makes a hissing sound.

I would recommend Oleoresin Capsicum, but think you would end up getting yourself into bigger issues with it since you don't mesh well with some of your neighbors and tend to stick your nose into things better left alone.

With that said, Arizona is the bastion of the Old West. While some of the uppity back east socialists don't get it, we believe in individual freedoms and the US Constitution out here...you can legally carry an ASP, OC, or a firearm.

Carrying it is not the problem; it's what you do with it.

[humor me]

I have kept my mouth shut since the last assault. Period. I only use my phone. I worry about blow-back with a spray-type defense affecting both me and my dog. I have an aluminum cane that would probably just bend rather than actually hurt one of the large dogs that has nearly attacked us. He has a thick, heavy coat. I can't out-run anything. I have ONE speed, and it is slow. A fact of life. It was a LEO that suggested I get a gun, but I don't feel comfortable with one. I have taken my concerns to management here several times as opposed to dealing with neighbors, just keeping my nose out of it, but still not condoning letting all of the loose dogs running around and barking and growling at my dog. I can't wait till my lease is up so I can GTFO. When a child gets bitten, it's not going to be pretty, and I hope to be a witness for the big "I told you so." I'll do anything to protect my dog. She does things for me that no other dog has ever been able to do, and I'm not about to lose that.

[retdetsgt]

Try a squirt bottle with an ammonia/water mixture that shoots out a stream. A solid stream isn't going blow back. An ASP isn't going to work for you, trust us. If you don't connect with a good blow, all you will do is piss off the dog and you're really in trouble. Hitting them may only inflame their survival instincts, but a blast of ammonia water will work, they're all sensitive to smells and don't like their noses messed with.

[Cat_Doc]

I can't wait till my lease is up so I can GTFO.

Yep, that seems to be the best answer. It sounds like you need a place with a couple of acres and no neighbors. Good luck.

[scott715us]

There are sprays out there designed for animals that shoot "straight stream." I used one years ago when I was a meter reader for an electric company. It was VERY effective. I can tell you that from firsthand experience.

It appears from the below link that AZ is like my state in the respect that owners/handlers are automatically held liable for their dog's actions if it's off the leash. This is known as a "strict liability" law. The legislature puts these laws into effect so that if you're bit by an aggressive dog, not only does the handler get charged criminally with the leash law, but they are also automatically found at fault in civil court if you were to pursue a lawsuit against them. If your complex has knowledge of the issues with the dog(s) and fails to act, I bet they could be added to the action as well (negligence claim probably). It's an option if you feel nothing is getting done. Lawsuits tend to straighten quite a few people up. If you read the law, the owner/handler is not required to have prior notice of the dog's aggressiveness either to be held liable. Just something else to consider.

The link below is from an attorney's website, but he cites the AZ dog laws quite well and the civil actions you can pursue.

Arizona Dog Bite Law

[humor me]

There are sprays out there designed for animals that shoot "straight stream." I used one years ago when I was a meter reader for an electric company. It was VERY effective. I can tell you that from firsthand experience.

It appears from the below link that AZ is like my state in the respect that owners/handlers are automatically held liable for their dog's actions if it's off the leash. This is known as a "strict liability" law. The legislature puts these laws into effect so that if you're bit by an aggressive dog, not only does the handler get charged criminally with the leash law, but they are also automatically found at fault in civil court if you were to pursue a lawsuit against them. If your complex has knowledge of the issues with the dog(s) and fails to act, I bet they could be added to the action as well (negligence claim probably). It's an option if you feel nothing is getting done. Lawsuits tend to straighten quite a few people up. If you read the law, the owner/handler is not required to have prior notice of the dog's aggressiveness either to be held liable. Just something else to consider.

The link below is from an attorney's website, but he cites the AZ dog laws quite well and the civil actions you can pursue.

Arizona Dog Bite Law

Thank you scott715us. I am quite familiar with 11-1025. I have printed out all of the laws concerning dog bites, aggressive dog, loose dogs, Service Dogs, misdemeanor fines and sentencing, felony fines and sentencing, and handed the whole packet to the office, and they STILL have done nothing. They just basically think I'm overreacting because I have a big dog, and 99% of the dogs are small, so how could a small dog possibly hurt mine? What they don't understand is infection. If I can't afford to get my dog treated for an infection, I'm screwed. My dog is also a wuss. She is NOT protective, as she shouldn't be. If something should happen, I need for emergency personnel to be able to get to me without my dog interfering. They WILL shoot a protective SD if they need to get to an injured person. That's not her job. Some people just don't get it.

[Cat_Doc]

Is it someone from the office who letting their dog run loose?

[humor me]

No, just the same residents, over and over and over. I have called in the person who I have the protection order against 4 times to animal control. I have called people into the office multiple times, and all they do is say, "We have had multiple complaints that your dog is walking without a leash [blah, blah, blah...]" no fines, no evictions, nothing. The lady with the big dog that nearly attacked us bolting out of the basketball court and then started harassing me has a report on her for assault, but no one was there who would back me up when she did it. She said/she said. Understandably, the manager feels like a Kindergarten teacher. I feel like a 3rd grade tattle tale, but I don't know what else to do.

The wifi signal here can be very tenuous, so I take my computer out to the pool area where there are tables to get a better signal. It clearly states that ONLY Service Dogs are allowed in the pool area. Pretty soon there were 5 other dogs out there because "their dogs helped them". Those dogs would be classified as Emotional Support Animals which don't have public access rights. I finally came to an agreement with management that my dog would only go to the pool dressed in her SD gear. Legally, my dog doesn't have to wear anything while working, but people want to keep breaking rules for their own benefit.

Once, after surgery, my dog needed to relieve herself, so I put my old dog's harness on her so I wouldn't fall over while I took her for her potty walk. Some moron had their dog running loose and there wasn't a leash among FIVE people! The dog kept running around us, and my dog was trying to keep me balanced while I was trying to kick this yapping, snapping dog off. The owners were all yelling at the dog with no control whatsoever. Total.Disaster. If I had fallen over, there was no way I was going to be able to get up on my own, and the little monster was probably going to bite me.

This is just some of the craziness I have had to deal with, and management just says, "Get the apartment number." Rrrrriiiigggghhhtttt. Like I'm going to stalk someone to their apartment and get my hind end totaled. If they live on the 3rd floor, I can't do stairs anyway. "Pardon me, can you tell me your apartment number? I didn't think so."