No , Dave, that's not the case. A dog doesn't have to be leashed to be considered as being under control. Look at all the various shoots and training grounds there are. The dogs there are very much under control but are not leashed. However, I agree that it most definitely IS the owner's reprehensibility to keep a dog under control. Mine are only allowed off leash in a safe area, well away from any farm land. I know that mine will retrieve birds (usually only dead pheasants and partridge etc, and they don't kill the ones they retrieve), they are safe with 4 legged animals, and I don't take the chance. A deer shot across in front of us this afternoon at Kelty woods and they just sat on command and watched it away.