theoretical question

[dicion]

Would you need to kill the animal?....wouldn't a shot into the air scare it away? It would me!

Shooting into the Air is a very bad idea... mainly because what goes up, must come down...

As I said above...

A shot to the ground at their feet might be enough to send them cowering back into their cave in some cases.

[Drewthetexan]

If it really came down to it, Sec. 8.05(a) and Sec. 9.22 say:

Sec. 8.05. DURESS. (a) It is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or another.

Sec. 9.22. NECESSITY. Conduct is justified if:

(1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;

(2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and

(3) a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.

But then my legal experience consists of Matlock and Perry Mason.

In 2004, a gorilla escaped the Dallas zoo and was shot by police after it had injured several people. Unless you are Cass Sunstein or PETA, I'd think the general concensus is that the life of a human child outweighs whatever animal you put down (IIRC, PETA did make a fuss about it). I'd think a good dose of pepper spray may deter an attack, but this is such an abstract scenario - and if all you have is a gun, there you go.

[bdickens]

I don't believe the Houston Zoo is posted and besides, it is owned by the city anyway.

[frazzled]

Some of those fishes in the big tank in there are bigger than me! They could definitely chew on an infant.... Maybe I should take a wetsuit, diving knife, and spear gun next time I go there as well... just in case.

Don't be a wussy. If you don't have an underwater capable chainsaw, you're just not prepared.

[fickman]

I was under the impression that most zoos forbid firearms, either by posting 30.06 signs, or by other means. Was I wrong about that?

IIRC:
1. The Fort Worth Zoo is either owned by the city or on property leased from the city.
2. Just because schools might be there, or it is educational, does not make it a school.
3. It's definitely not a professional sporting event, 51% establishment, or other banned location.

So. . . whoever wants to be the test case for posted city property should consult a lawyer and property records (to verify the assumptions) and walk right in. :)

[Bart]

If it's a teen or adult (who isn't a friend or family member) I wouldn't interfere with their attempt to win the Darwin Award.

[bdickens]

I've carried right into the Houson Zoo just like I do at the Houston Public Library, only at the library I laugh at the illegal 30.06 sign first

[Captain Matt]

I've carried right into the Houson Zoo just like I do at the Houston Public Library, only at the library I laugh at the illegal 30.06 sign first

I don't laugh but otherwise I'm the same.

[jimlongley]

I was under the impression that most zoos forbid firearms, either by posting 30.06 signs, or by other means. Was I wrong about that?

IIRC:
1. The Fort Worth Zoo is either owned by the city or on property leased from the city.
2. Just because schools might be there, or it is educational, does not make it a school.
3. It's definitely not a professional sporting event, 51% establishment, or other banned location.

So. . . whoever wants to be the test case for posted city property should consult a lawyer and property records (to verify the assumptions) and walk right in. :)

Fort Worth Zoo claims to be legally posted, but the posting is way inside the area where you buy your ticket, which makes it not visible within the spirit of the law if not the letter. When queried about their signage, the response is that they are an educational institution and those rules apply, which means that 30.06 would be redundant even if it's posted wrong.

Responding to their response has not generated a response. Pointing out that I saw their sign and turned around and got my money back, for my whole party as we left, had no effect on their agruement.