NASHVILLE, Tenn. (WTVF) — A proposed bill in the Tennessee legislature would expand the state's use of deadly force law to allow individuals to use lethal force to protect their property, but the House and Senate are split on the exact rules.
Currently, in Tennessee, individuals can only use deadly force to protect themselves or someone else in a life-threatening scenario.
The new Tennessee House proposal would expand that to protecting property if using deadly force is the only way to stop the imminent commission of arson, burglary, robbery, aggravated robbery or aggravated cruelty to animals. Under the House amendment, the person must be at their lawful residence, not be engaged in a felony or Class A misdemeanor, and face an imminent danger of death, serious bodily injury or grave sexual abuse. If passed, the House version would take effect July 1, 2026.
The Senate version of the bill goes even further. It includes all of the House justifications, plus actual or attempted trespassing, property damage, harm to livestock and theft. It does not require anyone to be in imminent danger, and it would take effect immediately upon becoming law. However, the Senate bill specifies that a person is not justified in using deadly force if the individual is facing away from them.
The Tennessee District Attorneys General Conference was so alarmed about the Senate version that they testified against the bill.
"I believe this is, again, very problematic," Stephen Crump, Executive Director of the conference, told Tennessee senators last month. "For example, an attempted trespass. That’s a Class C misdemeanor. That’s someone stepping into your ditch or stepping into your yard, somebody turning around in your driveway, would authorize use of deadly force. We think that is, again, a significant departure from what we’ve previously used."
The legislation is getting strong reactions on both sides of the debate. Opponents argue the bill will only invite more violence.
"I just find your bill to be dangerous," said State Rep. Gloria Johnson (R-Knoxville) during Tuesday's debate in the House Judiciary Committee.
"It empowers individuals to act as judge, jury and executioner on the spot," said Kristen Sterling, a volunteer from Moms Demand Action Tennessee, who signed up to testify.
Supporters argue the bill simply gives people the right to defend what is theirs. "It basically says, if deadly force is your last and only option to protect your private property, you can use it," said State Rep. Kip Capley (R-Summertown) during committee debate last month. Capley is the House sponsor of the bill.
If either version of the bill passes, it does not mean individuals who use deadly force will avoid facing charges or having their day in court. Instead, it could prevent them from being convicted through an affirmative defense. "You have to essentially prove [in court] that lethal force was the only option, it was the only thing that you could do," explained Rep. Capley during debate Tuesday.
The Tennessee Senate is expected to take their final vote on the bill this Thursday. The House will likely take up the bill next week.
Both chambers will have to work out their differences if the proposal has a chance of becoming law. If the two chambers cannot agree on the exact wording, the bill could be sent to a conference committee, where they would hash out their differences.
Do you have more information about this story? You can email me at Chris.Davis@NewsChannel5.com.
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