Breed-specific legislation

In law, breed-specific legislation (BSL) is a type of law that prohibits or restricts particular breeds or types of dog. Such laws range from outright bans on the possession of these dogs, to restrictions and conditions on ownership, and often establishes a legal presumption that such dogs are dangerous or vicious to prevent dog attacks. Some jurisdictions have enacted breed-specific legislation in response to a number of fatalities or maulings 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. Due to opposition to such laws in the United States, anti-BSL laws have been passed in 21 of the 50 state-level governments, prohibiting or restricting the ability of jurisdictions within those states to enact or enforce breed-specific legislation.

It is generally settled in case law that jurisdictions in the United States and Canada have the legal authority to enact breed-specific legislation. The effectiveness of such legislation in preventing dog bite fatalities and injuries remains controversial. Advocates such as the Animal Legal Defense Fund and the National Canine Research Council argue that breed-specific laws are ineffective and discriminatory, while some trauma surgeons and public health researchers contend that such laws may reduce the frequency and severity of serious attacks. One point of view is that certain dog breeds are a public safety issue that merits actions such as banning ownership, mandatory spaying/neutering 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 require all existing dogs of these breeds to be spayed/neutered in an attempt to eliminate the population slowly through natural attrition.

Approximately 550 jurisdictions in the United States have enacted breed-specific legislation in response to a number of well-publicized incidents involving pit bull–type dogs, and some government organizations such as the U.S. Army and Marine Corps have taken administrative action as well. These actions range from outright bans on the possession of pit bull–type dogs, to restrictions and conditions on pit bull ownership. They often establish a legal presumption that a pit bull–type dog is prima facie a legally "dangerous" or "vicious" dog. In response, 16 states in the U.S. prohibited or restricted the ability of municipal governments within those states to enact BSL, though these restrictions do not affect military installations located within the states.

A study by the US Centers for Disease Control and Prevention (CDC) in 2000 concluded that fatal attacks on humans appeared to be a breed-specific problem (pit bull–type dogs and Rottweilers accounted for half of all fatal dog attacks on humans between 1979 and 1998). However, they also concluded that fatal attacks represent a small proportion of dog bite injuries to humans and suggested that there may be better alternatives for prevention of dog bites than breed-specific ordinances. Given that many media sources reported that this study suggested that pit bull–type dogs and Rottweilers are disproportionately more dangerous than other dog breeds (Fatal dog attacks in USA & Canada 1982 – 2019), the American Veterinary Medical Association, whose journal published the original article, released a statement detailing that the study "cannot be used to infer any breed specific risk for dog bite fatalities" (for lack of sufficient data on total breed ownership).

A 2018 literature review determined that "injuries from Pitbull's and mixed breed dogs were both more frequent and more severe." In a 2019 study of patient records, among several breed categories, "pit bull terriers inflicted more complex wounds, were often unprovoked, and went off property to attack. Other top-biting breeds resulting in more unprovoked and complex wounds included German shepherds, Rottweilers, and huskies."

In a 2014 literature review, the American Veterinary Medical Association stated that "controlled studies have not identified this breed group as disproportionately dangerous", and that "it has not been demonstrated that introducing a breed-specific ban will reduce the rate or severity of bite injuries occurring in the community". In 2012, the American Bar Association passed a resolution urging the repeal of breed-specific legislation, stating that it is "ineffective at improving public safety". In 2013, researchers in Canada found no difference in incidence of dog bites between municipalities with breed-specific legislation and those without it, and in 2008, the Dutch government repealed a 15 year ban on pit bulls, concluding the law was ineffective.

A 2017 study examining dog-bite characteristics in Ireland has suggested that targeting specific dog breeds can have significant negative outcomes. The study found that no significant difference existed between legislated and non-legislated dog breeds for the type of bite inflicted, and the medical treatment needed after the bite. The authors found that non-legislated dog breeds were less likely to be reported to the authorities both before and after the bite compared to legislated dog breeds. The publication suggests there is no scientifically valid basis for breed-specific legislation, and suggests significant negative consequences may result from its introduction.