Breed-specific Legislation

Breed-specific legislation is a law passed by a legislative body pertaining to a specific breed or breeds of domesticated animals. In practice, it generally refers to laws pertaining to a specific dog breed or breeds.

Some jurisdictions have enacted breed-specific legislation in response to a number of well-publicized incidents involving pit bull-type dogs or other dog breeds commonly used in dog fighting, and some government organizations such as the United States Army and Marine Corps have taken administrative action as well. This legislation ranges from outright bans on the possession of these dogs, to restrictions and conditions on ownership, and often establishes a legal presumption that these dogs are prima facie legally "dangerous" or "vicious." In response, some state-level governments in the United States have prohibited or restricted the ability of municipal governments within those states to enact breed-specific legislation.

It is generally settled in case law that jurisdictions in the United States and Canada have the right to enact breed-specific legislation; however, the appropriateness and effectiveness of breed-specific legislation in preventing dog bite fatalities and injuries is disputed. One point of view is that certain dog breeds are a public safety issue that merits actions such as banning ownership, mandatory spay/neuter for all dogs of these breeds, mandatory microchip implants and liability insurance, or prohibiting people convicted of a felony from owning them. Another point of view is that comprehensive "dog bite" legislation, coupled with better consumer education and legally mandating responsible pet keeping practices, is a better solution than breed-specific legislation to the problem of dangerous dogs. A third point of view is that breed-specific legislation should not ban breeds entirely, but should strictly regulate the conditions under which specific breeds could be owned, e.g., forbidding certain classes of individuals from owning them, specifying public areas in which they would be prohibited, and establishing conditions, such as requiring a dog to wear a muzzle, for taking dogs from specific breeds into public places. Finally, some governments, such as that of Australia, have forbidden the import of specific breeds and are requiring the spay/neuter of all existing dogs of these breeds in an attempt to eliminate the population slowly through natural attrition.