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Subject: Constitutional Issues and Human Fatalities Author: WAF [ Next Thread | Previous Thread | Next Message | Previous Message ] Date Posted: 18:06:23 10/13/02 Sun IS BREED SPECIFIC LEGISLATION CONSTITUTIONAL Banning a specific breed of dog could only be declared constitutional if there were scientific genetic proof that a specific breed of dog is dangerous. The breed bans placed on the Pit Bull type dogs and other breeds are clearly unconstitutional, which is why we find 11 states in the United States that have passed laws making it illegal to declare a dog dangerous by breed. The Pit Bull is not dangerous, it is a "Terrier" and all terriers have animal prey drive, this does not make them dangerous or vicious. The human fatalities by dogs from our research show that one breed of dog cannot be singled out. "The Pit Bull type dog has to be trained to fight." (HSUS 2002). To be declared a danger to the public to the extent of taking away the constitutional rights of dog owners, the breed of dog in question would need to be proven dangerous with scientific evidence. This is something WAF has found to never have been addressed to the extent it should be. 1. There is no scientific proof that any one breed of dog is more or less dangerous than another. 2. There is no positive way to identify a dog breed with genetics. 3. There are no accurate dog bite statistics. 4. The dog breeds listed as the cause of human fatalities are not accurate. 5. According to the most recent survey taken, the breeds mentioned in various reports and so often broadcast by the media are in fact not where the problem exists . 6. The so called fighting breeds, which some would classify as "Terriers" have to be trained to fight, therefore it is only constitutional to prohibit illegal dogfighting and training dogs to fight. 7. All breeds of dogs have animal prey drive and are able to fight with other dogs or animals. Breed specific legislation is not constitutional and when realistically looked upon, it does nothing but enhance illegal activity to the point of taking the responsible owners away from owning dogs and leaving the criminals to illegally obtain dogs banned. A prime example of this same type of legislation is the gun control law issue. Criminals will always own guns while the good citizens who need to bear arms for personal protection against criminals, and to protect their property against acts of crime would be endangered. This is why the rights that are in the US Constitution to bear arms will never be taken from US citizens. Breed specific legislation endangers the general public by banning specific breeds of dogs, when scientific proof states that the environment and training of a dog is the outcome of its temperament and not genetics, if one breed is taken from an irresponsible owner, then all that will happen is that individual will obtain another breed to train and abuse in the same manner as the previous breed. If the breed bans are being passed to target breeds that kill humans, then why are not all the breeds listed banned? German Shepherd Husky Doberman Chow Great Dane Saint Bernard Golden Retriever Malamute Bull Terrier Pit Bull Collie Labrador Retriever Yorkshire Terrier Basenji Dachshund Boxer Bull Mastiff Neo Mastiff Old English Mastiff Beagle Wolf Hybrid Pomeranian Akita Presa Rottweiler Cocker Spaniels Springer Spaniels Irish Wolfhound Irish Setter Poodle [ Next Thread | Previous Thread | Next Message | Previous Message ]