Legal Question in Criminal Law in California

What are my rights to bare arms

A nieghbors Rottwieller hopped the fence into my backyard and chased my wife into the house. I heard her screaming and returned to my backyard with a shotgun in my hand to protect myself from this dog. Finally the neighbor came out to retrieve his dog. I started yelling at the neighbor to get his dog and reminding him this was the fourth time this has happened. The dogg started to jump the fence to the right of us. I then put my gun in the house and started arguing with the dogs owner. A couple hours later the police swarmed my house and I was taken to jail for exhibiting a firearm. Now I am facing a brandishing charge. I am a modle citizen with no priors.


Asked on 3/04/00, 10:24 pm

2 Answers from Attorneys
stan lieber law offices of stanley p. lieber

Re: What are my rights to bare arms

If the facts are as you state them, you certainly had a right to have the weapon out. If they have charged you, you need an attorney to either try and get the charge dismissed or to defend you.

If you are in the Los Angeles area, we can represent you. If not, we can refer you to another attorney.

Stan Lieber

818 888 1811

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Answered on 3/20/00, 9:56 pm
Stephen Sitkoff Takakjian & Sitkoff, LLP

Re: What are my rights to bare arms

From the facts given it sounds as if you acted reasonably. An angry dog had entered your premises. As long as you did not threaten your neighbor with the shotgun you have rights. A conviction of this type can have serious consequences. Contact us immediately for assistance.

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Answered on 3/25/00, 5:42 pm


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