Tennessee expands the scope of self-defense and authorizes the use of deadly force to protect property

The Tennessee Legislature passed a bill authorizing citizens to use deadly force to protect private property. Lawmakers passed the bill on the last day of the local legislative session, so it will have to wait for the signature of the Volunteer State's Republican governor, Bill Lee.

Currently, state law contemplates that a person may use force to protect his or her property, but not deadly force. The exception occurs when there is eventually an actual and imminent threat to life or limb.

According to state Republicans, even though Tennessee contemplates both self-defense and the so-called castle doctrine, residents are "limited to threatening or using non-lethal force against another person" to protect private property. Therefore, the new law aims to expand the scope of self-defense beyond the protection of life to explicitly include the defense of property.

According to the website of state Representative Kip Capley, the prime mover of the bill, the legislation expands the scope of self-defense for state residents. Specifically, it would "allowthe use of deadly force if immediately necessaryto protect property where a person lawfully resides under certain circumstances." It further adds that "there mustbe" a reasonable belief that lethal force is necessary and that there is no safe alternative.

As to the aforementioned circumstances, the text includes the prevention of arson, burglary, robbery, burglary or serious animal abuse.

"The right to defend ourselves, our families and our property is fundamental to the freedoms and safety we all value," Capley said in a statement.

"Tennessee will never allow criminals to prey on law-abiding residents through weaknesses in the law. This critical step supports victims, especially in rural communities where law enforcement response times are understandably longer, and ensures all Tennesseans can reasonably protect what they’ve worked their lives to build," he added.