What kind of laws protect individuals in equine rescue?

Those who wish to become involved in rescuing horses should know several things about laws and legalities.

First and foremost, relating to rescue groups, in order to advertise, promote or publicize yourself as a Non-Profit organization in any way you must have proper registration of non-profit status with the state(s) in which you operate. To do otherwise is a violation of Federal law as well as the laws of most states. Additionally, no group may claim to give donors tax deductions for donations without being a properly registered and approved 501(c)(3) corporation with the IRS. Only those groups with official IRS tax exempt status may make such claims. To do otherwise is a violation of Federal law.

Any group or individual may ask for donations from the public -- however, you must keep the above paragraph in mind. If individuals choose to donate to a group, program or individual without having official non-profit or tax-exempt status, they must do so with full knowledge their donations will NOT be tax deductible. To do anything otherwise is fraudulent.

When you receive a report (or notice for yourself) of an equine, or a group of equines, which have been left in a state of neglect or starvation, or are clearly and visibly abused, first contact the local humane authorities and the local police/sheriff's department. NEVER, EVER remove a horse from a location without a proper court order or the permission of the owner. Doing so could cause you to be arrested and prosecuted for horse theft or other criminal violations.

Always remember, law enforcement is on your side!

If humane officials and/or law enforcement officers refuse to become involved, do your best to persuade local media to pick up the story (which is always a good idea anyhow -- the more public attention shines on a case of neglect or abuse, the better). Generally if the bright glare of the media spotlight shines on misdeeds of a law enforcement agency, said agency will begin to show interest. They do not like to be perceived as non-responsive, even if they may truly be.

For further information about the laws in your state or federal statutes, please see our Links page.

 

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