Has anyone ever heard of this?
Contrary to popular perception in Texas, one cannot legally shoot a coyote, whether in a rural or urban setting, if the coyote is not posing a direct threat to livestock, fowl, domestic animals or humans, said Houston attorney Dylan Price.
This was published in a Jan. 31, 2022 article in the San Antonio Express New titled "Mating season for coyotes amplifies the howling in San Antonio's urban wildlife soundtrack."
I emailed the author of the article, Bruce Selcraig, the following:
Sir,
Methinks your attorney source is flat out wrong.
Contrary to popular perception in Texas, one cannot legally shoot a coyote, whether in a rural or urban setting, if the coyote is not posing a direct threat to livestock, fowl, domestic animals or humans, said Houston attorney Dylan Price.
Coyotes are shot all of the time in rural Texas. And it is perfectly legal without the reasons cited above. A better source would have been TPWD. It's all spelled out pretty simply here: https://tpwd.texas.gov/regulations/outdoor-annual/hunting/nongame-and-other-species
Have a great day,
SanAntoneAg
San Antonio
Mr. Selcraig shot my email to his attorney source who replied with:
Bruce,
The Texas Parks and Wildlife Code's allowance on shooting coyotes on private property does not provide a defense to any discharge crime (Discharge of a Firearm in City Limits, Deadly Conduct, Disorderly Conduct, etc.). This code simply, and only, provides that there is no hunting-related offense committed for taking coyotes on private land under certain circumstances.
Section 42.092(d)(1) of the Texas Penal Code creates a defense to animal cruelty for the shooting of a coyote as a "dangerous wild animal." However, in order to take advantage of this defense the actor must have a reasonable fear of bodily injury. This generally means that the animal is an imminent threat. Texas Health and Safety Code 822.013 also directly addresses the defense of necessity and references Parks and Wildlife Code on hunting licenses.
Though there is no stated defense to firearms discharge crimes for shooting a coyote, assuming the shooting was reasonable and immediately necessary to prevent bodily injury the shooter should not be criminally liable for any discharge crime under the defense of necessity, Texas Penal Code 9.22.
In terms of case law, the Court of Criminal Appeals discussed the issue of self-defense against dogs and coyotes extensively in Chase v. State.
Feel free to reach out if you have more questions or emails from skeptical readers.
Best,
Dylan B. Price
What's with all the legalese? TPWD has it stated clearly on their web site. Coyotes are listed as a Nongame Species. A hunting license is required for the take of nongame species. There are no closed seasons, bag limits or possession limits; and, they may be hunted at any time by any lawful means or methods on private property. There may be restrictions for certain species of nongame animals, including possession limits (see below). In addition, be aware that public hunting lands may also have additional restrictions. If hunting at night, as a courtesy please contact your local game warden.
Color me confused...
Contrary to popular perception in Texas, one cannot legally shoot a coyote, whether in a rural or urban setting, if the coyote is not posing a direct threat to livestock, fowl, domestic animals or humans, said Houston attorney Dylan Price.
This was published in a Jan. 31, 2022 article in the San Antonio Express New titled "Mating season for coyotes amplifies the howling in San Antonio's urban wildlife soundtrack."
I emailed the author of the article, Bruce Selcraig, the following:
Sir,
Methinks your attorney source is flat out wrong.
Contrary to popular perception in Texas, one cannot legally shoot a coyote, whether in a rural or urban setting, if the coyote is not posing a direct threat to livestock, fowl, domestic animals or humans, said Houston attorney Dylan Price.
Coyotes are shot all of the time in rural Texas. And it is perfectly legal without the reasons cited above. A better source would have been TPWD. It's all spelled out pretty simply here: https://tpwd.texas.gov/regulations/outdoor-annual/hunting/nongame-and-other-species
Have a great day,
SanAntoneAg
San Antonio
Mr. Selcraig shot my email to his attorney source who replied with:
Bruce,
The Texas Parks and Wildlife Code's allowance on shooting coyotes on private property does not provide a defense to any discharge crime (Discharge of a Firearm in City Limits, Deadly Conduct, Disorderly Conduct, etc.). This code simply, and only, provides that there is no hunting-related offense committed for taking coyotes on private land under certain circumstances.
Section 42.092(d)(1) of the Texas Penal Code creates a defense to animal cruelty for the shooting of a coyote as a "dangerous wild animal." However, in order to take advantage of this defense the actor must have a reasonable fear of bodily injury. This generally means that the animal is an imminent threat. Texas Health and Safety Code 822.013 also directly addresses the defense of necessity and references Parks and Wildlife Code on hunting licenses.
Though there is no stated defense to firearms discharge crimes for shooting a coyote, assuming the shooting was reasonable and immediately necessary to prevent bodily injury the shooter should not be criminally liable for any discharge crime under the defense of necessity, Texas Penal Code 9.22.
In terms of case law, the Court of Criminal Appeals discussed the issue of self-defense against dogs and coyotes extensively in Chase v. State.
Feel free to reach out if you have more questions or emails from skeptical readers.
Best,
Dylan B. Price
What's with all the legalese? TPWD has it stated clearly on their web site. Coyotes are listed as a Nongame Species. A hunting license is required for the take of nongame species. There are no closed seasons, bag limits or possession limits; and, they may be hunted at any time by any lawful means or methods on private property. There may be restrictions for certain species of nongame animals, including possession limits (see below). In addition, be aware that public hunting lands may also have additional restrictions. If hunting at night, as a courtesy please contact your local game warden.
Color me confused...
Gig 'em! '90
