[rengerts]

I hear a lot of talk about what if it was pre-1976 and so on. I know thats when the animal welfare act came into place, so pre 1976 it was perfectly legal? From what I thought, I thought it was still against the law, but only a misdamenor. Which would mean the law was being broken even if it was pre 1976. Like in 1973 was it legal to have dog matches, or what?

---------- Post added at 02:55 PM ---------- Previous post was at 12:58 PM ----------

Nobody knows?

[dr-eavealer]

It's my understanding it was outlawed in '76, and made a misdemeanor, but it wasn't enforced much until the 80's. I'm not sure when it started changing to a felony.

[rengerts]

So before 1976 it was completley legal in all of the U.S.?

[dr-eavealer]

Damn. Where's NC when you need him?

[ballerturfali]

1976 is when it became a federal crime. Each state has it's own history on when dog fighting became illegal as a state crime, and in some it is/was misdemeanor and in others felony. I believe there is still one state where it is still just a misdemeanor, but I don't know which.

[RagonaCon]

So before 1976 it was completley legal in all of the U.S.? No not exactly. There were laws against it well before that time in some places...others not.

If i'm not mistaken the animal welfare act of '76 did not outlaw matching- only the transportation of fighting animals in or across state lines...that's how I understand it anyways. In Lousiana, for example, it was not made illegal until '82.

[libertiespana]

1976 is when it became a federal crime. Each state has it's own history on when dog fighting became illegal as a state crime, and in some it is/was misdemeanor and in others felony. I believe there is still one state where it is still just a misdemeanor, but I don't know which.

No its a felony in all 50 states im 99% sure. I think there are some states that its a misdemeanor just to attend and others thats a felony too. I dont know much about the legality issues pre 76 but Ive read about matchers having a second location if the cops were to come so they can scurry over to the other place real fast to continue. I dont know when this was though.

[rengerts]

1976 is when it became a federal crime. So prior it was a misdamenor? So it was still against the law, just not a felony. I am still unclear abut this. Only reason I ask is because people talk about pre-1976 as is if it was completely legal. I can't seem to find a list stating the laws prior to 1976. Some have told me it was still illegal, but just a misdamenor and then others talk as if it was not illegal at all.

[drycleden]

I don't know for sure.

But my guess is that since in wasn't on the Federal level, it was most likely legal in some states and illegal in others.

[SarkisPioute]

Animal Welfare Act: Legislative History

Original Law

Although long known as the Animal Welfare Act, the original law was passed simply as P.L. 89-544, the Act of August 24, 1966. The law requires dealers in dogs and cats for research purposes to obtain a USDA license and to abide by USDA-set humane treatment requirements. It also
requires a research facility to register with USDA only if it uses dogs or cats and either (1) purchases them in interstate commerce or (2) receives federal research money. The law authorizes the Secretary of Agriculture to set humane handling standards for guinea pigs, nonhuman primates, rabbits, and hamsters as well as dogs and cats—but only dealers and research facilities with dogs and cats are subject to these standards. Farmers and pet owners are among those exempted from the law. Other provisions spell out recordkeeping requirements, enforcement authorities and penalties for noncompliance.

Animal Welfare Act of 1970

P.L. 91-579 expands animal coverage to include all warm-blooded animals determined by the Secretary to be used for experimentation or exhibition, except horses not used in research and farm animals used in food and fiber research. The 1970 law also incorporates exhibitors; defines research facilities; and exempts from coverage retail pet stores, agricultural fairs, rodeos, dog and cat shows.

Animal Welfare Act Amendments of 1976

P.L. 94-279 was passed mainly to clarify and expand previous regulations covering animal transport and commerce. This act for the first time addresses animal fighting, making it illegal to exhibit or transport interstate animals used in fighting ventures, such as dogs and roosters. Hunting animals are generally exempt, as are live fighting birds for states where such fighting is legal.

Animal Fighting Prohibition Enforcement Act of 2007

P.L. 110-22, signed into law May 3, 2007, makes a violation of the animal fighting provisions of the AWA a felony punishable by up to three years in prison, under Title 18 of the U.S. Code (Crimes and Criminal Procedure). The law, based on companion bills introduced by Representative Gallegly (H.R. 137) and Senator Cantwell (S. 261), also makes it a felony to trade,
in interstate and foreign commerce, knives, gaffs, or other sharp objects designed for use in animal fighting, or to use the Postal Service or other “interstate instrumentality to trade in such devices, or to promote an animal fighting venture.”

Proponents of various animal fighting bills had observed that in 2001, the House and Senate had approved strong animal fighting sanctions in their respective farm bills, but that conferees on the final 2002 farm bill (P.L. 107-171) removed the felony language. Stronger deterrents are needed
because animal fighting is a brutal, inhumane practice that is closely associated with criminal activity, endangers children where aggressive dogs are being reared, and may contribute to the spread of avian influenza in the case of live birds, they argued. Opponents have countered that such measures would violate provisions in the U.S. Constitution that protect states’ rights, including the Commerce Clause, and that recognize private citizens’ right to travel for economic reasons. Completely banning and/or stiffening penalties for all animal fighting activities would drive them further underground, undermining efforts to protect animals and the public from any disease problems created by such activities, other opponents have argued. 2007-2008 Farm Bill

Animal Fighting

A new omnibus farm bill (P.L. 110-246, first passed as H.R. 2419) contains a number of amendments to the AWA. One section (§14207) strengthens further the definitions of, and penalties for, activities related to animal fighting. For example, maximum imprisonment rises to five years from the current three years. The animal fighting provision is based on language in S. 1880 and H.R. 3219—bills introduced shortly after the July 17, 2007, indictment of NFL quarterback Michael Vick on charges related to dog fighting—to more explicitly ban various dog fighting activities, and to define the term.6 http://www.nationalaglawcenter.org/a...rs/RS22493.pdf

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As for when it originally became illegal, as far as all my research has taught me, it was outlawed sometime in the 1860's in all states.

[TravelMan]

I believe it was illegal well before 1976... but was tolerated... sort of the way it is in alot of other countries. I believe it didn't start becoming a felony until 1976.... but I might be wrong... it might have gone on a state by state base. I know places like Montana, Utah, Wyoming, Idaho, and such were the last to make it a felony... and I am not sure it is a felony to attend a dog match in all 50 states yet. I think there is 1 or 2 where it is a misdemeanor. Also.... I was told it isn't "illegal" on an Indian reservation... but not sure if that is completely accurate.

[averkif]

think yourselves lucky.it was banned here in england in 1835 ! about 10 years before i was born

[SarkisPioute]

think yourselves lucky.it was banned here in england in 1835 ! about 10 years before i was born

The head of the ASPCA pushed to have dogfighting made illegal in all states in the 1860's, which it was.

But it was just tolerated until the A.W. Act.

[averkif]

The head of the ASPCA pushed to have dogfighting made illegal in all states in the 1860's, which it was.

But it was just tolerated until the A.W. Act.

right ok i see thanks for clearing that up