Are amstaffs illegal? Questions

i agree with pita thats what im sayin they are still rehoming amstaffs and apb in kennels

Sorry Christine your are wrong. If you can find a DEFRA document that backs up what you are saying then please draw our attention to it, if not please stop trying to mislead people who if they listen to you could well loose their dogs by the very act of reporting themselves to the police in the mistaken view that they could register and all would be well. PROHIBITED MEANS PROHIBITED i.e. not allowed at all.

Quick question
My friend owns a pit bull, he is about 18 months old now and she fully researched all the ins and outs of buying one before she purchased him, she was allowed to buy him on the understanding he had to be neutered at the correct age, microchipped, muzzled in public, insured and never left in the garden on his own.
He is a full pit and was imported over from the usa with full papers etc, he is a lovely dog and is soft as crap bless him.
My question is if he was ever seized or had to be rehomed what would happen to him?
Would he be PTS because he is what he is? x

This is from the Defra website:

The DDA bans ownership, breeding, sale and exchange and advertising for sale of specified types of fighting dogs.
The dogs covered by the ban (under section 1 of the DDA) are of the type known as:
• Pit Bull Terrier
• Japanese Tosa
• Dogo Argentino

The DDA was amended in 1997 and one of the effects was to lift the mandatory destruction orders that courts applied to dogs found to be of those types prescribed
under section 1. It is now possible for prohibited dogs to be added to the Index but only at the direction of a court and only if the necessary conditions are met (tattooing,
microchipping, etc). No owner may “apply” to have their dog added to the Index – it is entirely a matter for the courts to decide whether a dog can be added to the Index.

The leaflet can be found on http://www.defra.gov.uk/animalh/welfare/domestic/ddogsleaflet.pdf

In other words, if you do have a Pit Bull, you are breaking the law. You would have to plead your case in court to prevent your dog being PTS.

She was told she could own a pit bull as long as she did the above things i.e neuter etc etc x
Who would have told her that do u think? She's not one of these that takes things likely and does her own research etc
Sorry im just being nosey now

Below taken from the DEFRA information document

Frequently asked questions
1. Q. Will I be able to bring into Great Britain a dog designated as prohibited
under section 1 of the 1991 Act, which is not on the register of
exempted dogs?
A. No. The only designated dogs permitted in Great Britain are those already in the country and registered on the Index of Exempted Dogs. Any other dog considered to be one of the prohibited types runs the risk of being seized and having its future decided by the courts. You could also face imprisonment and/or a fine for having possession of such a dog in the country. Please note this also applies to dogs that spend time in Great Britain during transit to other countries.

am not misleading people cos i would tell anyone not to buy a pitbull or report having one which isnt already on the register i must be coming out wrong in wot i am meaning to say i am trying to find a bit to explain what am meaning

come again?

[edit] The effect of the Act
Under the 1991 Act (and as amended in 1997) it is illegal to own any Specially Controlled Dogs without specific exemption from a court. The dogs have to be muzzled and kept on a leash in public, they must be registered and insured, neutered, tattooed and receive microchip implants. The Act also bans the breeding, sale and exchange of these dogs, even if they are on the Index of Exempted Dogs.[1]

Four types in particular were identified by the Act:

Pit Bull Terrier (a description which has led to some confusion, as the "Pit bull" is not a breed in and of itself but encompasses a range of breeds)
Japanese Tosa
Dogo Argentino
Fila Brasileiro
The Act also cover cross breeds of the above four types of dog. Dangerous dogs are classified by 'type', not by breed label. This means that whether a dog is prohibited under the Act will depend on a judgement about its physical characteristics, and whether they match the description of a prohibited 'type'. This assessment of the physical characteristics is made by a court.


[edit] The Index of Exempted Dogs
The Index of Exempted Dogs is maintained by the Animal Welfare section of the Department for Environment, Food and Rural Affairs, which administers the registration of specially-controlled dogs in England and Wales.

In 1991 and 1992 details of all Specially Controlled Dogs and their owners and keepers had to be added to the Index of Exempted Dogs. From early 1992 to 1997 no dogs were allowed to be added to the Index. In 1997 The Dangerous Dogs (Amendment) Act 1997 was passed which made some changes.[2] From 1997 any Court was able to order that a specific dog be added to the Index by the issue of a Court Order.

Under the 1991 Act as amended it remains illegal to own any of these dogs without specific exemption from a court. The dogs have to be muzzled and kept on a leash in public, they must be registered and insured, neutered, tattooed and receive microchip implants.[3]


[edit] Case law
There have been several test cases of the Act, most famously Dempsey (a pit bull terrier) who in 1995 was finally reprieved from a destruction order, to widespread media attention. The definition of the word "type" in the legislation was of particular controversy, as was the lack of discretion that the Act gives magistrates.


[edit] Criticism of the Act
The Act has been described as a piece of rushed legislation[4] which was an overreaction to a transient public mood[5]. The Act is sometimes cited as an unfavourable example of such legislation[6], and in January 2007 was included in public responses to a BBC Radio 4 poll of unpopular UK legislation.[7]


[edit] Comparable legislation outside the UK
Many other countries also have laws pertaining to dangerous dogs. These vary in severity. In some jurisdictions in Australia dogs which have been declared dangerous are required to wear a collar of red and yellow stripes; under the legislation of some municipalities of Queensland, such dogs are seized and destroyed. In some local government areas restrictions are very carefully spelt out.[8]
i hope this explains what i am trying to say

You have not told us where this info comes from is it a government document or someones interpretation there of.

it is goverment and the ammenments i am not sayin buy a apt type and it is fine i am sayin if you are on the index from the court to keep the dog you are aloud to keep it

have you got the link?

it is goverment im not sayin buy one its fine but if you are on teregster you can keep ur pit

yeahi have http://en.wikipedia.org/wiki/Dangerous_Dogs_Act
and it als says on the dda very clearly if youhave a pit and on the index you can keep that pit as long as you keep to regulatins

I though that a dog could only be put on the register after the owner had been taken to court and successfully proven that their dog does not pose a danger to the public.

I am not sure that you can simply apply to the court for registration but I am happy to be corrected if I am wrong in this.

I would also like to add that the legislation in N. Ireland is different...there is no register and if a dog is accepted by a court as being a pit bull type, it will be destroyed.

yeah the law is like tha in n irland you cant aplly for the rgister and thedogdoes have to be proven by the court so u r nt rong

If I were you Christine I would go and look at the DEFRA booklet that lays the law out in clear language, you can not ask for you dog to be put on a register having been neutered identified etc. If your dog is ceased and you go before the courts they may decide to let you keep it in EXCEPTIONAL CIRCUMSTANCES otherwise it is declared a prohibited breed and destroyed.

If you want sound information Wikipedia is not the place to go, anyone can alter or give misleading facts, if you really want to know the truth then read the government document, it is in clear terms and there is no doubt, pits and the like are illegal to own unless you have already been to court and for some reason the court allow you to keep it but in most cases the dog will be PTS and as is usual when people think they are beyond the law it is the animal that suffers.

i am tryn to say if you are ON the register its ok so i no my facts have researched it properly on te dda and the amendments and troug th govermet i never sed its ok to hve the dog ifit is not alould by he courts

But you can only be on the register if you have been taken to court, you can't ask to go on it, it is granted by the court in exceptional circumstances, so exceptional that it is best really to forget that and assume that any dog seen or reported as being of type will in the end be destroyed.

This thread is getting strangely circular. I expect a post by the Ouzalem Bird at any moment. That`s the one that flies round in decreasing circles till it disappears up its own fundament.