Legal Restrictions on Pit Bulls and Other Breeds

States and municipalities across the country have laws intended to protect the public from dangerous dogs. In general, these rules apply equally to all dogs (and their owners). But so-called "breed-specific" legislation (BSL) creates additional restrictions and requirements for certain dog breeds. BSL has faced a backlash and is less common than it used to be. But if you own a dog (or are thinking of getting one) it's important to know how breed-specific rules could apply to you and your pet.

Breed-Specific Rules: Justifications and Criticism

Breed-specific laws became popular based on the theory that particular dog breeds are naturally more likely to attack people and other animals. There has been a decades-long debate over whether certain breeds are inherently more dangerous than others, and whether breed-specific bans and regulations are an effective way of keeping the public safe from aggressive dogs.

Deciding If a Breed Is Inherently Dangerous

There is some statistical support for the argument that dogs from certain breeds pose a greater threat to public safety. For example, in 2000 the Journal of the American Veterinary Medical Association (JAVMA) published a study that examined dog attacks in the United States from the late 1970s through the late 1990s. The researchers looked at hundreds of reports of fatal dog attacks, and identified more than 200 that included information about the breed of the dog. The study found that, in more than half of those attacks, the dog involved was a "pit bull-type" or a Rottweiler.

On the other hand, as the Center for Insurance Policy and Research (CIPR) notes in its discussion of breed-specific laws, it's not always easy to determine a dog's breed. For example, there isn't a specific definition for which dogs are "pit bulls." This may result in "pit bull" becoming a catch-all category for any dangerous dog that resembles a bulldog or a Bull Terrier.

Critics of BSL argue that it's unfair to assume that entire breeds are inherently dangerous. They argue that each dog should be evaluated individually, with the understanding that any dog's behavior is influenced by its breeding, its health, its socialization, and its environment. They point out that most individual dogs are not dangerous, and that there are friendly and aggressive dogs within any breed.

A personal perspective on these questions is offered by Vicki Hearne in Bandit: Dossier of a Dangerous Dog. Hearne tells the story of a dog branded vicious and ordered destroyed by the State of Connecticut—and how the dog became the author's valued companion. The book is a philosophical discussion of dogs, people, and the laws that try to regulate the relationship between them. It's also full of insights into dog behavior and breed traits, gained from the author's many years as a trainer.

How Training and Breeding Affect a Dogs' Behavior and Reputation

Critics of BSL argue that these laws are based too much on certain breeds' reputations, rather than the inherent nature of dogs of those breeds. For example, some breeds—like German Shepherds, Dobermans, and Rottweilers—have often been trained and used as guard dogs, police dogs, and military dogs. This can lead people to assume that the entire breed is naturally aggressive and dangerous. And these views can be reinforced based on how a breed is portrayed in popular entertainment.

Public perception of a breed can change over time. For example, before they developed a reputation for violence, pit bulls had a more lovable image. Pete the Pup, who appeared in the Our Gang movies in the 1930s, was a pit bull. From World War I through World War II, pit bulls were portrayed as brave and protective—but not aggressive—in advertising and on U.S. government propaganda posters.

On the other hand, proponents of BSL don't agree that dangerousness is a result of how individual dogs are trained. They argue that dogs like pit bulls have been specifically bred to have more dangerous physical and behavioral characteristics. Of course, this raises the question we discussed above—whether it's possible to accurately assign individual dogs to specific breeds that have been identified as particularly dangerous.

How Breed-Specific Laws Apply to Dogs and Their Owners

Each state's dog laws create a framework for protecting public safety and determining when owners are liable for injuries caused by their dogs. But cities and towns usually have significant freedom to add their own regulations. And those regulations will generally be enforced by the local police, the local animal control department, and a civil hearing system run by the local government or a judge.

Common Examples of Breed-Specific Rules

This local control extends to breed-specific rules (except where BSL has been banned by state law, which we'll discuss below). BSL can be anything from a complete ban on particular kinds of dogs, to additional requirements for those dogs and their owners. Some common examples include:

• Outright bans. Some municipalities, like Council Bluffs, Iowa, prohibit residents from owning certain kinds of dogs. The city bans several specific dog breeds, including American Pit Bull Terriers. (Council Bluffs, Iowa, Municipal Code § 4.20.122 (2024).)
• Additional insurance. Some municipalities, like Des Moines, Iowa, allow people to own pit bulls but impose significant insurance requirements. Des Moines pit bull owners must buy insurance that will pay at least $100,000 to cover injuries or property damage caused by their dogs. (Des Moines, Iowa, Code of Ordinances § 18-44.01 (2024).)
• Mandatory sterilization. Some municipalities, like Kansas City, Missouri, require sterilization of certain dog breeds. (Kansas City, Mo., Code of Ordinances § 14-60 (2024).)

There are often exceptions to these general rules. For example, a Kansas City owner will not have to sterilize their pit bull if a veterinarian confirms that the procedure risks seriously harming the animal.

How BSL Handles Mixed-Breed Dogs

Most dogs aren't purebred, so BSL must address how to deal with dogs that share some characteristics with a banned breed. For example, For example, in Council Bluffs, dogs are covered by the ban if they display "the majority of physical traits" of a banned breed. They are also covered by the ban if they have "distinguishing characteristics which substantially conform" to how a banned breed is described by to the standards established by the American Kennel Club or the United Kennel Club. Opponents of BSL argue that these approaches are not an accurate way to identify individual mixed-breed dogs as members of banned breeds.

Applying "Dangerous Dog" Rules to Specific Breeds

States and municipalities have so-called "dangerous dog" laws. These laws create additional requirements for animals that have hurt or menaced people, or exhibited other threatening behavior. Many localities regulate certain breeds by declaring them automatically dangerous. So, the definition of a "dangerous" dog then includes not only dogs that have displayed dangerous behavior, but also any dog of a particular breed.

Des Moines, for example, has requirements for "high risk" dogs that include making sure the animal is securely confined while at home, and wearing a muzzle while in public. The definition of a "high risk" dog includes:

• animals that have displayed dangerous or aggressive behavior
• animals that have been trained to fight other dogs or attack humans, and
• several breeds of pit bull-type dogs, regardless of their behavior or training.

Legal Challenges to Breed-Specific Rules

Dog owners have challenged these ordinances in court, and a few have been thrown out by judges. In general, though, courts tend to uphold laws that impose special restrictions on certain breeds or ban them outright.

Both the Ohio and Kansas state supreme courts have upheld ordinances regulating the ownership of pit bulls. The United States Supreme Court rejected requests that it review these state court decisions. (State v. Anderson, 57 Ohio St. 3d 168 (Ohio 1991); Hearn v. City of Overland Park, 244 Kan. 638 (Kan. 1989).)

When people have attacked BSL, they have done so primarily on two grounds.

First, opponents claim the laws are unconstitutionally vague because they don't define "pit bull" sufficiently. To be constitutional, a law must be specific enough to give dog owners fair warning about what kinds of dogs are illegal. One court ruled that a Lynn, Massachusetts, ordinance was unconstitutionally vague because it depended on "the subjective understanding of dog officers of the appearance of an ill-defined 'breed,' [and] leaves dog owners to guess at what conduct or dog 'look' is prohibited … [S]uch a law gives unleashed discretion to the dog officers charged with its enforcement." (American Dog Owners Ass'n, Inc. v. City of Lynn, 404 Mass. 73 (Mass. 1989).)

But most courts don't require much in the way of specifics. The Colorado Supreme Court, upholding a Denver ordinance regulating pit bulls, stated that the behavioral and physical characteristics set out in the law were enough to put a dog owner on notice. The court stressed that a law passes constitutional muster if it gives dog owners some standard of conduct, even if it is imprecise. The Washington Supreme Court reached a similar conclusion. (Colorado Dog Fanciers, Inc. v. City and County of Denver, 820 P.2d 644 (Colo. 1991); American Dog Owners Association v. City of Yakima, 113 Wash. 2d 213 (1989).)

The second legal argument against BSL is that it is arbitrary to ban one kind of dog, so the laws violate the owners' constitutional due process rights. After all, pit bulls aren't the only dogs that injure people. Fatal dog attacks have been caused by, among other breeds, cocker spaniels and dachshunds. This argument has been largely unsuccessful. As the Colorado Supreme Court noted, it is generally recognized that when a legislature chooses to regulate a hazard, it is "not required to simultaneously regulate every similar hazard."

Political Opposition to Breed-Specific Laws

Opponents of BSL have had more success in the political realm than in the courts. While courts have generally refused to overturn local breed-specific rules, governments themselves have become more skeptical of BSL's fairness and effectiveness.

This has resulted in many municipalities repealing their breed-specific rules. In addition, many state governments have passed laws prohibiting local governments from enforcing breed-specific bans and regulations. For example:

• The state of Washington still allows local governments to enforce breed-specific rules. But, in 2019, the state passed a law requiring localities to allow exemptions. So, a dog can be exempted from local breed-specific regulations if can pass a canine behavioral test to prove that it's not dangerous. ( Wash. Rev. Code § 16.08.110 (2024).)
• In 2020, voters in Denver, Colorado, passed a ballot measure overturning the city's 31-year-old ban on pit bulls.
• In 2023 Florida law was changed to bar breed-specific restrictions. One major consequence of this was the invalidation of Miami-Dade County's 34-year-old ban on pit bulls. ( Fla. Stat. § 767.14 (2024).)

Alternatives to Breed-Specific Rules

With BSL less popular than it used to be, the question becomes what can be done to make sure the public is kept safe from dangerous dogs. A report from 2001 by a task force of the American Veterinary Medical Association (AVMA) offers some perspective. The report concluded that targeting particular breeds could be counterproductive because it may give "a false sense of accomplishment."

The report instead recommended a "community approach." This would include educational programs for dog owners and the general public. It would also include making sure that animal control officers are effectively trained, and that the community's non-breed-specific safety rules (for example, leash laws) are properly enforced. The report also notes the importance of spaying and neutering programs, since unneutered male dogs are much more likely to exhibit dangerous behavior than other dogs.

Learn More About Breed-Specific Laws in Your State

If you have questions about the rules where you live, the website BSL Census maintains a updated list of state and local breed-specific laws across the country. You can also get information directly from your city and town, either online or by contacting the local police department or animal control office.