United States

Share |

Detailed Discussion of Connecticut Great Ape Laws

Summary: Under Section 26-40a of Connecticut’s Fisheries and Game Law, gorillas, chimpanzees, bonobos, and orangutans are classified as “potentially dangerous animals” which may not be possessed by the general public. All federally licensed or registered exhibitors and research facilities are exempt from the ban; however, the Connecticut Department of Environmental Protection (DEP) prohibits the importation of potentially dangerous apes by many exhibitors (except zoos, nature centers, and municipal parks).The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries.

Under Section 26-40a of Connecticut’s Fisheries and Game Law, gorillas, chimpanzees, bonobos, and orangutans are classified as “potentially dangerous animals” which may not be possessed by the general public. All federally licensed or registered exhibitors and research facilities are exempt from the ban; however, the Connecticut Department of Environmental Protection (DEP) prohibits the importation of potentially dangerous apes by many exhibitors (except zoos, nature centers, and municipal parks).The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries.

Detailed Discussion of Colorado Great Ape Laws

Summary: Since 1994, Colorado’s Pet Animal Care and Facilities Act (PACFA) has banned the import, possession, sale, and transfer of apes. . However, the ban is somewhat limited and there is little state-level regulation of apes beyond that. Generally, it is illegal to import, possess, or sell apes for use as pets; but federally licensed exhibitors (like circuses, zoos, animal acts, and some wildlife sanctuaries), scientific research facilities, and disabled people can freely import, possess, buy, and sell those animals.The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries. The discussion concludes with a compilation of local ordinances which govern the possession and use of apes within geographic subdivisions of the state.

Since 1994, Colorado’s Pet Animal Care and Facilities Act (PACFA) has banned the import, possession, sale, and transfer of apes. . However, the ban is somewhat limited and there is little state-level regulation of apes beyond that. Generally, it is illegal to import, possess, or sell apes for use as pets; but federally licensed exhibitors (like circuses, zoos, animal acts, and some wildlife sanctuaries), scientific research facilities, and disabled people can freely import, possess, buy, and sell those animals.The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries. The discussion concludes with a compilation of local ordinances which govern the possession and use of apes within geographic subdivisions of the state.

Detailed Discussion of California Great Ape Laws

Summary: In California, all gorillas, chimpanzees, orangutans, bonobos, and gibbons are classified as “wildlife” that must be restricted by the state for their own health and welfare. According to the legislature, it is necessary to regulate the import, possession, use, and treatment of Great Apes because “many animals die in captivity or transit…some keepers of wild animals lack sufficient knowledge or facilities for the proper care of wild animals … [and] some wild animals are a threat to public health and safety.”The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries. The discussion concludes with a compilation of local ordinances which govern the possession and use of apes within geographic subdivisions of the state.

In California, all gorillas, chimpanzees, orangutans, bonobos, and gibbons are classified as “wildlife” that must be restricted by the state for their own health and welfare. According to the legislature, it is necessary to regulate the import, possession, use, and treatment of Great Apes because “many animals die in captivity or transit…some keepers of wild animals lack sufficient knowledge or facilities for the proper care of wild animals … [and] some wild animals are a threat to public health and safety.”The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries. The discussion concludes with a compilation of local ordinances which govern the possession and use of apes within geographic subdivisions of the state.

Detailed Discussion of Arkansas Great Ape Laws

Summary: In Arkansas, gorillas, chimpanzees, bonobos, orangutans, and gibbons are protected because of their status as “endangered species” under state law. The Arkansas Game and Fish Commission (GFC) prohibits the importation, transportation, sale, purchase, and possession of endangered species unless the animals were legally acquired and are held under a permit.The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries.

In Arkansas, gorillas, chimpanzees, bonobos, orangutans, and gibbons are protected because of their status as “endangered species” under state law. The Arkansas Game and Fish Commission (GFC) prohibits the importation, transportation, sale, purchase, and possession of endangered species unless the animals were legally acquired and are held under a permit.The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries.

Detailed Discussion of Arizona Great Ape Laws

Summary: In Arizona, most species of apes including chimpanzees, gorillas, orangutans, and bonobos are classified as “restricted live wildlife” because they are “inherently dangerous animals capable of transmitting disease and causing serious injury or death to human beings.”[1] It is illegal to keep “restricted” apes for use as pets and assistance animals.The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries. The discussion concludes with a compilation of local ordinances which govern the possession and use of apes within geographic subdivisions of the state.

In Arizona, most species of apes including chimpanzees, gorillas, orangutans, and bonobos are classified as “restricted live wildlife” because they are “inherently dangerous animals capable of transmitting disease and causing serious injury or death to human beings.”[1] It is illegal to keep “restricted” apes for use as pets and assistance animals.The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries. The discussion concludes with a compilation of local ordinances which govern the possession and use of apes within geographic subdivisions of the state.

Detailed Discussion of Alaska Great Ape Laws

Summary: In Alaska, gorillas, chimpanzees, bonobos, orangutans, and gibbons are considered “game” animals which are regulated by the state’s Department of Fish and Game (DFG). In general, it is illegal to import and possess apes without a DFG permit.The following article begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries.

In Alaska, gorillas, chimpanzees, bonobos, orangutans, and gibbons are considered “game” animals which are regulated by the state’s Department of Fish and Game (DFG). In general, it is illegal to import and possess apes without a DFG permit.The following article begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries.

Detailed Discussion of Alabama Great Ape Laws

Summary: This article discusses the state laws that govern the import, possession, use, and treatment of Great Apes in Alabama. In Alabama, gorillas, chimpanzees, bonobos, orangutans and gibbons are considered “Class 1” wildlife, which means that they are among the most heavily regulated wild animals in the state. Although the possession and use of apes is heavily regulated in certain areas, such as display and exhibition, it is virtually unregulated in other areas. The following article begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries. The discussion concludes with a compilation of local ordinances which govern the possession and use of apes within geographic subdivisions of the state.

This article discusses the state laws that govern the import, possession, use, and treatment of Great Apes in Alabama. In Alabama, gorillas, chimpanzees, bonobos, orangutans and gibbons are considered “Class 1” wildlife, which means that they are among the most heavily regulated wild animals in the state. Although the possession and use of apes is heavily regulated in certain areas, such as display and exhibition, it is virtually unregulated in other areas. The following article begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries. The discussion concludes with a compilation of local ordinances which govern the possession and use of apes within geographic subdivisions of the state.

Dixon v. State

Summary: An owner of a non-profit cat sanctuary, which housed over 200 cats taken care of by one employee, was convicted by a jury of four counts of non-livestock animal cruelty. The trial court placed the owner under community supervision for five years' on each charge, to be served concurrently. In her first issue on appeal, the owner contended the evidence was legally insufficient to support her convictions. Based on evidence that the owner only had one employee to take care of the cats, however, the Texas court of appeals overruled this issue. In her second issue on appeal, the owner contended that the trial court erred by overruling her motion to dismiss the indictments where the State alleged a felony by commission of elements defined as a misdemeanor under the animal cruelty statute. On this issue, the court stated that it was true that the State had to prove that appellant failed to provide food, water, or care to the cats, but it also had to prove death or serious bodily injury to the cat that was committed in a cruel manner, i.e., by causing unjustified or unwarranted pain or suffering. In other words, the failure to provide food, water, or care is the manner and means by which appellant killed the cats, causing them unjustified pain or suffering, which raised the charge from a misdemeanor to a felony. The second issue was therefore affirmed. The appeals court also overruled the owner’s other issues and thereby affirmed the lower court’s ruling.

An owner of a non-profit cat sanctuary, which housed over 200 cats taken care of by one employee, was convicted by a jury of four counts of non-livestock animal cruelty. The trial court placed the owner under community supervision for five years' on each charge, to be served concurrently. In her first issue on appeal, the owner contended the evidence was legally insufficient to support her convictions. Based on evidence that the owner only had one employee to take care of the cats, however, the Texas court of appeals overruled this issue. In her second issue on appeal, the owner contended that the trial court erred by overruling her motion to dismiss the indictments where the State alleged a felony by commission of elements defined as a misdemeanor under the animal cruelty statute. On this issue, the court stated that it was true that the State had to prove that appellant failed to provide food, water, or care to the cats, but it also had to prove death or serious bodily injury to the cat that was committed in a cruel manner, i.e., by causing unjustified or unwarranted pain or suffering. In other words, the failure to provide food, water, or care is the manner and means by which appellant killed the cats, causing them unjustified pain or suffering, which raised the charge from a misdemeanor to a felony. The second issue was therefore affirmed. The appeals court also overruled the owner’s other issues and thereby affirmed the lower court’s ruling.

Brooks v. Jenkins

Summary: County deputies went to a home with a warrant to arrest a couple's son. While many facts in this case were in dispute, the undisputed result was that a deputy shot the family's chocolate Labrador retriever. While the couple left the house to take the dog to the vet, the deputies entered the house—contrary to the couple's express instructions— and arrested the son. The couple filed a complaint in the Circuit Court seeking damages, on a number of theories, for the wounding of the dog and the officers' alleged unlawful entry into their home. After a trial, the couple prevailed against the deputies and the jury awarded damages totaling $620,000 (reduced, after remittitur, to $607,500). The deputies appeal. The Maryland Court of Special Appeals held the issue of whether deputy acted with gross negligence in shooting dog was for the jury; CJ § 11–110 did not limit the couple's total recovery for the constitutional tort to the capped value of their pet's vet bills; the $200,000 jury award in non-economic damages to the couple on their constitutional tort claim was not excessive in light of the evidence; the deputies were entitled to immunity from the constitutional trespass claim; and the couple could not recover emotional damages on the common law trespass claim. The lower court's decision was therefore affirmed in part, reversed in part, and remanded.

County deputies went to a home with a warrant to arrest a couple's son. While many facts in this case were in dispute, the undisputed result was that a deputy shot the family's chocolate Labrador retriever. While the couple left the house to take the dog to the vet, the deputies entered the house—contrary to the couple's express instructions— and arrested the son. The couple filed a complaint in the Circuit Court seeking damages, on a number of theories, for the wounding of the dog and the officers' alleged unlawful entry into their home. After a trial, the couple prevailed against the deputies and the jury awarded damages totaling $620,000 (reduced, after remittitur, to $607,500). The deputies appeal. The Maryland Court of Special Appeals held the issue of whether deputy acted with gross negligence in shooting dog was for the jury; CJ § 11–110 did not limit the couple's total recovery for the constitutional tort to the capped value of their pet's vet bills; the $200,000 jury award in non-economic damages to the couple on their constitutional tort claim was not excessive in light of the evidence; the deputies were entitled to immunity from the constitutional trespass claim; and the couple could not recover emotional damages on the common law trespass claim. The lower court's decision was therefore affirmed in part, reversed in part, and remanded.

Humane Society of the United States v. Jewell

Summary: The Humane Society of the United States sued to overturn the United States Fish and Wildlife Service's 2012 Final Rule to delist the Great Lakes gray wolves from the endangered species list. The US District Court called the 2012 Final Rule "arbitrary and capricious" under the Administrative Procedure Act and in violation of the Endangered Species Act. The District Court thus relisted the wolves and placed them back under the control of the United States Fish and Wildlife Service in Michigan, Wisconsin, and Minnesota.

The Humane Society of the United States sued to overturn the United States Fish and Wildlife Service's 2012 Final Rule to delist the Great Lakes gray wolves from the endangered species list. The US District Court called the 2012 Final Rule "arbitrary and capricious" under the Administrative Procedure Act and in violation of the Endangered Species Act. The District Court thus relisted the wolves and placed them back under the control of the United States Fish and Wildlife Service in Michigan, Wisconsin, and Minnesota.
Share |