The Lone Libertarian


Tennessee Pit Bull Ban?

Posted in Tennessee Politics by jesse on the January 17th, 2008

Proactive government scares me, but reactive government scares me worse.

Hot on the heels of the Michael Vick dog fighting scandal comes a proposal to ban the ownership of pit bulls in Tennessee. Several municipalities have taken measures to ban the dogs last year. In West Tennessee, Somerville banned pit bull ownership late last year. They later made a provision for current owners if they bought personal liability insurance (single-incident injury/death $100,000 coverage). However it was questionable if any area insurance companies would issue such a policy for pit bull owners.

Senator Tommy Kilby (D-12) introduced SB2738 on Monday, January 14th that will ban ownership of pit bulls in the state of Tennessee. Pit bull owners that refuse to comply with the law can be charged with a class A misdemeanor. The legislation has an effective date of July 1, 2008 if passed.

SECTION 1. Tennessee Code Annotated, Title 39, Chapter 14, Part 2, is amended by
adding the following new section thereto:
§ 39-14-215.
(a) As used in this section, unless the context otherwise requires:
(1) “Own” means to harbor, keep or exercise control over the dog, and
“owner” means a person who, at the time of the offense, regularly harbors, keeps
or exercises control over the dog;
(2) “Pit bull dog” means any pit bull terrier; and
(3) “Pit bull terrier” means any American pit bull terrier, Staffordshire bull
terrier, American bulldog or American Staffordshire terrier breed of dog or any
mixed breed of dog which contains as fifty percent (50%) of its breeding the
breed of American pit bull terrier, Staffordshire bull terrier, American bulldog or
American Staffordshire terrier, so as to be identifiable as partially of the breed
American pit bull terrier, Staffordshire bull terrier, American bulldog or American
Staffordshire terrier.
(b) It is an offense for any person to knowingly own a pit bull dog in this state.
(c) A violation of this section is a Class A misdemeanor.
(d) In addition to the penalty imposed in subsection (c), the court making the
sentencing determination for a person convicted under this section shall order the
person convicted to surrender custody and forfeit the pit bull dog or pit bull dogs if the
person convicted is the owner of the pit bull dog or dogs. Custody shall be given to a
humane society incorporated under the laws of this state.
(e) Nothing in this section shall be construed to prohibit prosecution under any
other provision of law.
SECTION 2. This act shall take effect July 1, 2008, the public welfare requiring it.

I cannot express how distasteful and uninformed I find this “flavor of the day” legislation to be. I would submit to Senator Kilby that this legislation is not necessary. Municipalities around the state would do well to enforce existing laws (such as leash laws). I would submit that the breed itself is not genetically predisposed to be a danger to society, and that irresponsible owners (such as dog fighters) have cast a negative light on the American Staffordshire terrier.

I wonder if these yahoos would try to ban Rottweilers, Dobermans, or German Shepherds if they were the preferred breed of dog fighters?

17 Responses to 'Tennessee Pit Bull Ban?'

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  1. on January 17th, 2008 at 1:12 pm

    [...] WELL AS: The Lone Libertarian Mike Silence Music City Bloggers Share and Enjoy: These icons link to social bookmarking sites [...]


  2. on January 18th, 2008 at 3:29 pm

    To those that can do something about this ignorance towards a breed of dog:

    Please, do not be so quick to ban an entire breed without having more information than you do. You have statistics that tell you about how these dogs, (Pit bulls) are used in fighting, so are Chows, German Shepards and many small breeds like Jack Russels. You have statistics that these dogs maul and kill people. You have the same statistics over the decades for a variety of breeds of dog.

    What WOULD work, is a state-wide effort, via state, county and local municipalities to have better licensing and leash laws for ALL dogs.

    This proposed ban would keep people like me, from coming to your state, as I have a pet of 5 years that is indeed, a pit-mix. For the last 5 years
    my dog, “Tony” has been by my side, as my friend, companion and feeling of security. Yes, he’s a dog. Yes, he’s part Pit. NO, he has never been trained to do anything but sit, heal, “out of the kitchen”, and “no” for various things no dog should do (i.e. eat garbage, chase cats, etc.) My dog has a wonderful rapor with all other dogs, children and adults. He’s never attacked anyone for any reason.

    I know that you think my story is just a “rare” case. The truth is that there are millions of dogs just like mine, you just dont hear about them because there is no reason too!

    I have been coming to the State of Tennessee for vacations of 2 weeks or more for the last 10 years. I however, will not be able to continue this if this bill you propose is passed into law. I doubt I am the only “visitor” to your beautiful state that owns a pit bull, let along a dog that they travel with. If you place this ban on this breed, where will this stop? Where do you draw the line? It’s not the breeds that need control, it’s the owners.

    I believe that is an area that you CAN control! The OWNERS of the dogs. There are many options available to you that can keep good owners with good people, both living and visiting Tennessee.

    I really appreciate your time, please, dont let this injustice happen!

    Thank you
    Sue McQueen

    ps. check out my dog’s “fan page” on myspace….maybe it will show ya just how docile and loving these dogs can be:

    http://www.myspace.com/tonymontanathedog

    Thanks you again!

  3. James Powell said,

    on February 2nd, 2008 at 7:06 pm

    I also have a full blooded Pit Bull! Her name is Sadie and she is not only me and my fiance’s 2nd dog she is also our best friend! I could not ask for a better dog. Sleeps under the cover with me and stands by my sides through everything. she has been with me through the highs and lows in my life and i’ll do whatever it takes to stand by hers.

    A ban on the whole breed is not needed. Maybe they should think of a ban on who has them. Make restrictions on who can get them i have a 1000000 dollar insurance policy on my dog and i pay for it and will keep my dog at all cost!

    James Powell


  4. on February 3rd, 2008 at 8:28 pm

    I believe it is utterly wrong to think that pit bulls alone can kill as many people as smoking, guns, drugs and abuse.I for one am against this from happening, I am a PROUD owner of Shaffordshire pit and he is the most harmful dog.Yes if you fight any animal they will turn on you.But given the proper love and attention these dogs are harmless and beautiful animals that should be loved not victimized.


  5. on February 3rd, 2008 at 8:30 pm

    I made a typo in my last statement …….what i meant to say was that kayne is a loving animal and would not hurt any thing he is afraid of his own shadow.Please people what they are trying to make everyone do is wrong and unjustful.people die more of murder and second hand smoke than off pit bull attacks

  6. Doug Spencer said,

    on February 11th, 2008 at 4:25 pm

    During my career as a paramedic firefighter, I’ve only seen two dog attack fatalities. The first was a three year old boy who was killed by the family pit bull. I had the opportunity to briefly interview the mother, a woman who did not fit the profile of a typical pit bull owner. She was intelligent, employed, and did not have a drug history or outstanding warrants. These otherwise intelligent and reasonable people had purchased the pit bull puppy shortly after their son’s birth. “They were raised together,” she stated. But, when the dog sniffed at the three year old boy’s cookie, the child jerked the cookie back and turned away from the dog. This dog had no prior history of aggression, but killed the child in a “surprising” attack.

    In the second case, a middle aged man’s mother visited him at his home. As the elderly woman was leaving, she stumbled and fell on the porch, startling the man’s pit bull. His beloved pit bull crushed his mother’s trachea and lacerated her carotid arteries as he struggled to gain control of the animal. As in the first case, this was the first incidence of aggression.

    And why has the cliché, “stupid criminals,” been extended to “stupid criminals AND their pit bulls?” At least one police officer has described to me what she considered an emerging routine for law enforcement, practically an emerging national protocol: “Kick in the door – Shoot the pit bull – Serve the warrant.” Why are wanted felons some of the most prominent “ambassadors” for the breed?

    With so many great breeds available, I’m at a loss to understand why anyone would insist on having a pit bull, especially when associated with low intelligence, limited utility, and a high incidence of inbreeding. (And of course I mean their owners.) Perhaps pit bull bans aren’t entirely directed at the breed, especially if one considers the secondary benefit of potentially moving reprobate nitwits from their communities.

    I support gun rights, smokers rights, and a cascading scroll of libertarian perspectives. But when it comes to pit bulls, I support shoot-on-sight policies with experienced conviction.

    I’m nearly in step with P.E.T.A. on this one. (Good grief!) Read P.E.T.A. head, Ingrid Newkirk’s position thesis on the breed here: http://www.badrap.org/rescue/petaa.cfm

  7. josh said,

    on February 25th, 2008 at 7:33 pm

    to doug: the typical pit bull owner? last time i checked it wasn’t etched in stone anywhere that you had to be stupid, unemployed, and wanted by the law to own a pit. yeah, there are people who are irresponsible with their animals, kind like you were with your above comments. you probably have a poodle that you’ve dyed pink and i don’t know why you would think that would be a dog of high “utility”, but if that floats your boat then i am fine with that. Just like if I or anyone else wants to own a pit bull, regardless of how smart or useful it may be, it shouldn’t concern your ignorant a**. As for your comment on “shoot-on-site” , that just proves how stupid you are. That level of stupidity makes you the perfect candidate to own a pit bull, according to your idea of a “typical pit bull owner”. my suggestion to you; read some research, own a pit, quite kissing Kilby’s butt, and then let me know how you feel, ok buddy?

  8. Amanda said,

    on March 17th, 2008 at 3:25 pm

    Pit bulls were once a symbl of pride in this country. That is evidenced by WWI ans WWII era posters depicting pit bulls.

    Sergeant Stubby (a pit bull) was found wandering the Yale campus. He made quick friends with the military members who were using a nearby fr combat training. John Robert Conroy fell in love with the pup. Stubby was snuck aboard the USS Minnesota when Conrad was deployed. Stubby became and remains the only dog ever promoted to Sergeant during combat. He was made an official member of the Red Cross. Upon his return home he was the leader of many parades. When Conroy attended Georgetown University so did Stubby. Stubby became the mascot of Georgetown University and put on half time shows.

    Popsicle is another pit bull hero. He was found inside a black trash bag
    contained in a freezer, during a drug raid, He was malnourished, covered in bite wounds and suffering from hypothermia. Popsicle is now a member of law enforcement. He is responsible for the largest drug bust in TX history.

    A pit bull named Weela’s owner was surprised one day when the usually gentle dog ran across the yard and knocked over her owners eleven year old son. The dog had sensed danger and knocked the boy out of the way. The boy was about to bitten by a rattlesnake. Weela was bitten in the face instead. Luckily for 30 people, 29 dogs, 13 horses and a cat, Weela survived. The aforementioned lives were saved during a flood in CA.

    Thomas Edison and Woodrow Wilson owned pit bulls. Helen Keller’s companion dog, Sir Thomas, was a pit bull. Petey of Our Gang was a pit bull.

    There are many more pit bull heroes that can be easily found by searching the web.

    It is sad how deep the ignorance of some uninformed, pseudo-intelectuals runs.

  9. Nic said,

    on March 17th, 2008 at 3:28 pm

    I strongly support the ban on pits. I understand that it is usually more an issue with the owners but these dogs have been bred to fight and kill and the animal instinct prevails.
    I had a neighbors pit bull jump my fence, into my yard, and attack my dog who was much smaller and had no means of defense. What if that had been a child?
    This particular pit had been raised in a home with children for seven years and had never attacked before but did that day.
    I do not want to stereotype owners but these animals are not safe and our children need to be safe in their neighborhoods.

  10. dhm said,

    on March 21st, 2008 at 5:45 pm

    It’s not the dogs that are responsible; it’s the owners. Responsible ownership of pitbull dogs is a must. Punish people who don’t take care of their animals and not the animals themselves!

  11. Michael Knight said,

    on March 27th, 2008 at 12:13 am

    Well here goes another way for our country and/or state to try to “CONTROL” what we have. We are supposed to be a “FREE COUNTRY” yea right. well by my definition of “FREEDOM” is to have anything or something to ones self. And that means to what ever that may be within reason. Now we have some people that are “STUPID” that like to take advantage of what “FREEDOM” is. I really hate the idea of not having my “RUDY” (my PIT BULL) in my life. I believe the next thing that the government will do is try to take ya kids or your vehical if they can’t control that the way they want to. Me personally i am not a puppet by no means and i don’t live life by the strings of the government. I live my life to the fullest because you only get one and EVERYONE can agree with that. So does it really make sense to give up something you LOVE for someones IGNORENT act . Hell No it don’t, and i will let everyone that reads this that i will not be punished for someone’s STUPIDITY. My Rudy Will stay with me and dare the law to take her someone will catch a bad day! I don’t THREAT i make PROMISES! So if you wanna reply to me you can do it at this site http://www.myspace.com/MrGateWay.

  12. Mark T. said,

    on April 4th, 2008 at 6:15 pm

    This is totally reidiculous. No one should be allowed to ban an animal that has been integrated into our society for who knows how many years. Each case of any aggression by a bulldog against a person or animal or aggression by a person or animal against a bulldog should be handled on a case by case basis and should not automatically cause one party or the other to be guilty. Get a grip people and do whats sensible and it’s not banning people’s pets. Let’s fight against the ignorance of these people whom want to ban these animals. Yes, the two cases above are very sad incidents but highly unusual but I don’t think we should make a judgement on these two cases.

  13. Lisa S. said,

    on May 14th, 2008 at 3:13 pm

    Hi my name is Lisa. My first reaction when my 18 yr. old son asked if he could get a pitt bull was the same as many of you I would imagine….. I said no….they are too vicious and you don’t need one. Later on he told me he was getting a puppy from a friend and that it was a boxer. When I arrived home and saw “Max” a pitt mix I was shocked at first. We bathed him, played with him and kept him a month. My son is gone alot and I was the one who had to take care of him most of the time along with my 15 yr. old son. I told him if he wasn’t going to help take care of him, to give him back to his friend. He did. My 15 yr. old cried, I cried and my 18 yr. old cried. The next day, we attempted to call this friend and get Max back. It was too late, he had given him to someone else. I was devastated. We all were!! I prayed about it and last week we got the call we had been waiting for. The caller was asking if we wanted Max back. We did and went and got him. He has brought so much joy to our family. We love Max and he loves us. Listen up folks and don’t make the same mistake I made. These dogs are very smart and loveable pets. Even my mom comes to get him and they swing together. Do you really think my mom would do this if he were a vicious animal? Not hardly. Lesson learned is not to judge what you know nothing about. If you spent a week with Max, I can assure you, you would not be making these rules that you want us to live by. It is not the breed of animial but how it is raised. I for one have told you that I judged this dog by his name only and he is nothing like what I expected. Please don’t make us have to give him up again. Educate youself. Go visit those who have them and see for yourself what we are talking about. I made a very big mistake when I let Max go the first time and I don’t intend to let him go again.

  14. david said,

    on May 14th, 2008 at 9:28 pm

    hi.I am David and I own a 8 month old pitbull terrier his name is tack and I honestly love him.He is like one of my kids..He sleeps with me when I get home off 3rd shift.He is harmless to my kids.These dogs are misunderstood.You can train a rat to fight.This is stupid what there trying to do.I live right next to dyersberg where they already banned ownership of pitbulls.I’m scared that this stupid law is going to pass.I LOVE HIM.

    Thanks David

  15. Stephanie said,

    on June 1st, 2008 at 12:35 pm

    The media is to blame people….cant you see that. People put into public office are too ignorant to create their own opinon.
    The idea to ban “ferocious” dogs comes from the media’s constant coverage of these dogs. (Some not even the actual brand of dog they report it to be). They did this with Rotties and German Shepards years ago. Does NO one remember?

    Before long it will be illegal to own a cat. Don’t let them begin a cycle dictacting what types of animals we can and cannot own.

    Stricter policies NEED to be put into place for the owners who refuse to take care of these dogs. I don’t know HOW many stories I have read stating these dogs were seen running loose several days before the incident. SITE and FINE these irresposible owners. TAKE the dogs away from them and give them to a bully rescue. Problem solved.

    These dogs don’t just SNAP as the media reports, there is often years of abuse or neglect that are not touched on, and the moral of these stories should be to imprision the owners, send the dog to rehabilitation, so that they can find loving homes with people who will keep them inside and only let them out if they are monitored or on LEASHES. Provide classes for public schools about strange dog safety. Increase a owners home insurance if they own a dog with previous issues and require a muzzle on those dogs when they are out in public.

    Don’t make it ILLEGAL for the responsible loving owners who nurture and correctly care for these dogs.

    Jesus the ignorance…

  16. Stephanie said,

    on June 1st, 2008 at 12:37 pm

    I’ll move before I let my dog go, this country is getting ridiculous.

  17. Brandon said,

    on June 18th, 2008 at 11:39 am

    My pit bull gets upset when she cant sleep under the covers with me.. She lays on her back on my lap and falls asleep with her head on my shouder. She likes me to hold her rawhide bone upright so she can chew it. We need to stand up for this wonderful breed and start letting people see the nice things these dogs do.