Firearms and Ammunition

Plain English Breakdown

The official source does not provide specific details on how this change will affect current laws and court decisions about self-defense and property protection, leaving some uncertainty in that area.

Law to Allow Deadly Force for Property Protection

This bill changes Tennessee's laws to allow people to use deadly force to protect their property in certain situations.

What This Bill Does

• Allows a person who owns or has lawful possession of property to use deadly force if they believe it is necessary to stop someone from trespassing on the land or damaging personal property.
• Permits a person who was unlawfully removed from their property to use deadly force to re-enter and recover the property, provided the removal involved threats or violence.
• Enables the use of deadly force when protecting against serious crimes like arson, burglary, theft, robbery, and cruelty to animals that threaten property.
• Requires that a person believes there is no other way to protect their property without risking death or severe injury before using deadly force.

Who It Names or Affects

• People who own or have lawful possession of real or personal property in Tennessee.
• Individuals involved in unlawful dispossession of property and those attempting to commit crimes against property.

Terms To Know

Deadly Force

Using force that can cause death or serious injury, such as shooting a gun.

Trespassing

Entering someone's property without permission.

Limits and Unknowns

• The bill does not allow the use of deadly force if the person facing away from the owner is not threatening them.
• It is unclear how this change will affect current laws and court decisions about self-defense and property protection.

Official Summary Text

Present law provides that a
person in lawful possession of real or personal property is justified in threatening or using force against another, when and to the degree it is reasonably believed the force is immediately necessary to prevent or terminate the other's trespass on the l
and or unlawful interference with the property.
However, unless
a person is justified in using deadly force as otherwise provided by law, a person is not justified in using deadly force to prevent or terminate the other's trespass on real estate or unlawfu
l interference with personal property.

This bill generally authorizes a person to use deadly force for the protection of property against another in the following situations:



If a person in lawful possession of real or personal property reasonably believed the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.



If a person who has been unlawfully dispossessed of real or personal property reasonably believed the force is immediately necessary to reenter the land or recover the property, if the person threatens or uses the force immediately or in fresh pursuit after the dispossession that the other had no claim of right when the other dispossessed the person, and the other accomplished the dispossession by threatening or using force against the person.



When the person reasonably believes deadly force is immediately necessary to prevent or terminate the other's actual or attempted trespass; arson; damage to property, including damage to livestock
,
burglary
,
theft
,
robbery
,
or aggravated cruelty to animals
.



When t
he person reasonably believes
t
he property cannot be protected or the other's actions terminated by any other means
,
or
t
he use of force other than deadly force to protect or terminate the other's actions would expose the person or a third person to a risk of death or serious bodily injury.

However, this bill does not justify a
person in using deadly force against another individual under
this bill
if the individual is facing away from the person.

Current Bill Text

SENATE BILL 1847
By Hensley

HOUSE BILL 1802
By Capley
HB1802
011690
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 39,
relative to the defense of property.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-11-614, is amended by deleting
subsection (c) and substituting instead the following:
(c)
(1) Except as provided in subdivision (c)(2), a person is justified in using
deadly force against another:
(A) If the person would be justified in using force against another
under subsection (a) or (b);
(B) When and to the degree the person reasonably believes
deadly force is immediately necessary to prevent or terminate the other's
actual or attempted trespass; arson; damage to property, including
damage to livestock; burglary; theft; robbery; or aggravated cruelty to
animals; and
(C) The person reasonably believes:
(i) The property cannot be protected or the other's actions
terminated by any other means; or
(ii) The use of force other than deadly force to protect or
terminate the other's actions would expose the person or a third
person to a risk of death or serious bodily injury.
(2) A person is not justified in using deadly force against another
individual under this section if the individual is facing away from the person.

- 2 - 011690

SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.