Weather reports are consistent that the entire state of Tennessee is expected to have an unusual statewide snow storm arrive on January 10, 2025, that with extended forecasts could exist for perhaps a week or more. Snow storms in Tennessee often result in power outages that sometime last days or weeks and vehicle wrecks which can leave individuals stranded for hours or days. When this storm hits, are you at risk of being a crime victim by robbers or looters and if so what are your options to defend yourself and your property under Tennessee law?
Defense of human life
Most firearms owners and indeed many who do not own firearms believe that you can defend your life (or the life of another human) by using force. Tennessee law allows the use of non-deadly force to protect human life such as the use of stun guns, pepper sprays, and similar weapons. Tennessee law also allows, in specific circumstances, the use of “deadly force” to protect human life.
The concept of “deadly force” is not limited to force that causes death. It includes brandishing a weapon and can even include force that does not involve the use of a weapon. As defined in Tennessee’s statutes, deadly force “means the use of force intended or likely to cause death or serious bodily injury;” Tennessee Code Annotated § 39-11-611(a)(4). The phrase “serious bodily injury” includes injuries that are non-lethal such as “protracted unconsciousness;” “extreme physical pain;” or “protracted or obvious disfigurement.”
When can you use deadly force? Again, it is only to defend or protect human life. The statutory scheme allows:
threatening or using force intended or likely to cause death or serious bodily injury, if:
(A) The person has a reasonable belief that there is an imminent danger of death, serious bodily injury, or grave sexual abuse;
(B) The danger creating the belief of imminent death, serious bodily injury, or grave sexual abuse is real, or honestly believed to be real at the time; and
(C) The belief of danger is founded upon reasonable grounds.
Tennessee Code Annotated § 39-11-611(b)(2)
It is also important to understand that self-defense is not a “right” as it exists under Tennessee law. The concept of self-defense is instead a statutorily created affirmative defense to a criminal charge that you killed or assaulted someone. It is a “justification” defense. But, the fact that it is a defense means that whether a specific situation involves self-defense is only required to be decided by a jury which means even if you do resort to self-defense you may be charged and tried for the underlying crimes in order for a jury to make that determination – just as occurred with Kyle Rittenhouse. Of course, an officer or district attorney has the discretion to consider the facts and conclude that the evidence is so strong regarding self-defense that it would be wrong to bring the criminal charges – but they are not required under Tennessee law to even consider whether the use of force was self-defense.
Defense of property
Just like with the floods that damaged much of east Tennessee in 2024, the expected snow storm could result in situations that provide opportunities for burglars, thieves and looters. Tennessee law is clear that you cannot use deadly force, which includes brandishment of a weapon such as a firearm, against another human to protect your home, your lands, your livestock or your property. Tennessee Code Annotated § 39-11-614(c) provides “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 unlawful interference with personal property.” The phrase “unless … justified … as otherwise provided by law” is generally construed as a reference to the defense of human life from an unlawful threat of death or serious bodily injury.
The use of deadly force, including brandishment of a firearm, to protect real estate or personal property is a crime in Tennessee and, in most instances, is a more serious felony offense that what could be charged if the thief or looter was successful.
Citizens’ Arrest
It is also a crime in Tennessee to use deadly force while making a citizens’ arrest. That means, if you are confronted with a thief or looter, you cannot brandish your handgun and assert “I have called the police, you are under citizens’ arrest until they get here.” Tennessee Code Annotated §39-11-621.
Conclusion
The denial of your rights to protect your home, assets and property is the consequence of Tennessee’s statutes. The TFA has supported legislation to change the laws (see e.g., House Bill 510 in 2023-2024) regarding the use of force to protect property but the Legislature has refused to do so. Perhaps in 2025, the Legislature will support the rights of crime victims and property owners to protect their homes, lands and assets rather than to retain laws which shield criminals from efforts by crime victims to protect their lives and property interests.
TFA hopes to see the Legislature change these laws in 2025. For it to do so, it is critical that Tennesseans reach out to their legislators to demand that these laws change. TFA will soon be announcing its letter writing campaign to help you do that on this and other issues.
