One of today’s hot cat topic is how to deal with feral cats in the USA. Broadly speaking there are two camps: the shooters and the TNRers.
Although I detest arch-troller Woody, he consistently states that anyone, anywhere in the USA has the legal right to shoot feral cats (link opens a new window/tab and shows his comment). Feral cat shooters have the protection of the law, he claims. He says there is no need for a petition, such as Ben’s to legalise it. I am referring to shooting feral cats for no specific reason other than to kill them.
He writes this:
it’s STILL legal to shoot all feral cats in all of the USA.
Is that correct? Warning to Woody: You are barred from this conversation. I need to pin this down. We need to know exactly what the law is on this.
Wisconsin – an example
I refer to a good source: North Shore Animal League America. A visitor asks: Is it legal to kill feral cats in Wisconsin¹?
The county animal control officer who has 20 years experience said “that it is legal to kill feral cats in Wisconsin…”. Is she correct?
Elinor Molbegott, an Animal League expert quotes the law:
Section 951.02 of the Wisconsin Statutes states that “No person may treat any animal, whether belonging to the person or another, in a cruel manner.”
Cruel means: “causing unnecessary and excessive pain or suffering or unjustifiable injury or death.” (ection 951.01).
Elinor says: “it is clear that section 951.02 prohibits causing unjustifiable death to an animal, even by owners.”.
My comment: Shooting a feral cat dead will cause pain and suffering. Even if the shot is perfect the cat will suffer for a moment or much longer if the shot is imperfect.
A judge would almost certainly agree with me because it has been determined that the only humane way to kill a cat is by lethal injection administered by a trained practitioner (a vet).
The issue is about causing suffering and pain. If death is instantaneous it could be argued by a shooter that the cat suffers no pain. However, there has to be a moment, a second at least, when a cat has been hit by a bullet when she feels enormous pain or pure shock. I believe that could be proved scientifically. Accordingly, in respect of Wisconsin I conclude that it is not legal to shoot a feral cat dead.
General — USA wide
First I will propose that the laws of other states are similar in their wording to Wisconsin laws with similar interpretations. On that basis shooting feral cats is considered cruel and illegal.
On the Avvo.com website (high visitor numbers – large site) a visitor asks, “Is it legal to kill stray or your cats?” This is the page. It appears to be non-state specific.
Responses from lawyers:
- Alan Brinkmeier (Chicago Lawsuit / Dispute Attorney) – No
- John M. Kaman (San Francisco Criminal Defense Attorney) – No, it’s not legal to kill stray cats. That’s what animal control personnel do as a last resort….
- Laura Mcfarland-Taylor (Bolingbrook Trademark Application Attorney) – No, it is not legal to kill stray cats. If you killed your own cat you could well be charged with animal cruelty.
It is not legal to shoot feral cats anywhere in the USA. That is certain, whatever shooters say. The law on animal cruelty in the USA is on a per state basis. Each state has their own law which is similar nationwide.
There are discussions on making it legal to shoot feral cats in some states.
The fact that people discuss legalising the shooting of feral cats proves that it is illegal.
- Killing feral cats is not quite the same as shooting feral cats in Wisconsin but similar because if an individual kills a cat they are likely to employ a method that is not humane.