sona
Safety...Always Off.
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- Aug 31, 2016
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Seems like it would be worth researching TWRA guidelines, as ārun you into the house and take a swipe at your backsideā seems awfully narrow. From what I see around here, bears that become way too comfortable around humans and are fearless generally get transported up into the mountains. That peering through the kitchen window would generally do the trick. Maybe especially tell them that itās a mother bear + cub(s).
I completely understand about your garden. I have had the same issue with cucumber and bean beetles, although at least they are a lot smaller and I can squish them between thumb and index finger, which has become a source of grim satisfaction this summer.
TN has a self defense against wild animals law but it is probably easier to prove self defense against a human. For instance, you have a duty to retreat from an animal (if you're out in the open and retreat is possible) and you have to be in fear for your own person (you can't take out a bear to defend someone else). TWRA has discretion in charging people under the wildlife laws.
when I read the pertinent statutory provisions, here is what caught my eye with emphasis added:I'm pretty sure defense of another person can't possibly be excluded from a lethal force claim if the threat is considered legitimate.
Bear shot in Sevierville after allegedly making aggressive advancements toward woman | WATE 6 On Your Side
The discretionary part with TWRA is true though so it might be harder to predict where they'd draw the line.
A person who is charged with taking, attempting to take, or harming a wild animal in violation of this title may assert the defense of self-defense if the wild animal taken, attempted to be taken, or harmed acted in a manner that caused:
(1) The person to have a reasonable belief that the animal's action placed the person in imminent danger of death or serious bodily injury;
(2) The person to believe the danger creating the threat of imminent death or serious bodily injury is real, or is honestly believed to be real at the time; and
(3) The belief of danger to be founded upon reasonable grounds.
A person is justified in threatening or using force against another to protect a third person, if:
(1) Under the circumstances as the person reasonably believes them to be, the person would be justified under 39-11-611 in threatening or using force to protect against the use or attempted use of unlawful force reasonably believed to be threatening the third person sought to be protected; and
(2) The person reasonably believes that the intervention is immediately necessary to protect the third person.
when I read the pertinent statutory provisions, here is what caught my eye with emphasis added:
Self defense against animals. Tenn. Code 70-4-134(b)
Defense of a third person. Tenn. Code 39-11-612
I would think that TWRA would not charge someone for a legitimate use of force to protect the life of another person when the people involved did not do anything to provoke the animal attack, but it looks like it would be their call. You could always hope to get some bear hater like @joevol33 on your jury.
Wouldnāt that just piss the bear off and make him more determined to attack you? I donāt know a whole lot about this sort of thing aside from a rudimentary understanding of what is thought to be adequate for bearsIād second the suggestion of bird shot in a higher gauged shotgun - same thing if you have a meth or crack head that wonāt quit bothering you.
Watch the season 8 of āAlone - Grizzly Mountainā on Netflix to see how they deal with bears. Loud noises were effective .Wouldnāt that just piss the bear off and make him more determined to attack you? I donāt know a whole lot about this sort of thing aside from a rudimentary understanding of what is thought to be adequate for bears
Iāve heard stories of them taking a quite a pounding from non lethal wounds and then preceding to kill or attack the person. Guess they are all tempered differently. If Iām ever forced to make that choice I wonāt be taking any chances with thatWatch the season 8 of āAlone - Grizzly Mountainā on Netflix to see how they deal with bears. Loud noises were effective .
I would do my bird shot suggestion right outside the door then quickly get inside !
That's a shame. That poor bear is probably going to get euthanized at some point because one person probably started it all for that bear. Someone gave it food and it started coming back and got more food. Now it sees downtown G-burg as a place for food. And that is going to get it killed. Sad.I have been to Gatlinburg tons of times, never seen a bear.