Governor Bill Lee signed new legislation that clarifies the standards for using deadly force to protect property in Tennessee while maintaining requirements for imminent danger.
Fentress County District Attorney Jared Effler said the Attorneys General Conference initially opposed the legislation before moving to a neutral position. Effler said the new law that takes effect on July 1 and serves as a clarification of existing self-defense statutes rather than a substantive change to the law.
“We think that it doesn’t really change anything but does provide clarity in stating that someone can use deadly force in the protection of their property,” Effler said. “But that deadly force has to be, can only be used when someone is in fear of imminent death or serious bodily injury.”
Effler said the law does not permit a person to use a firearm against someone for property theft. Effler said the legal system evaluates self-defense claims based on the reasonableness of the actions under the specific facts of each case.
“You can’t just shoot someone for taking a piece of your property,” Effler said. “There has to be the element of you fearing imminent danger to yourself or a third person. So I think that’s what is important to keep in mind, that a person under this statute simply cannot shoot someone for taking their property, the person using deadly force has to be in fear of imminent danger either to themselves or a third person or in fear of serious bodily injury or grave sexual assault.”
Effler said the legal concept known as the castle doctrine creates a presumption that a resident is in fear of imminent harm when someone forcefully enters their home. Effler said this protection extends to family members, household members, and invited guests.
“Castle doctrine, I believe, stems from the old saying that your home is your castle,” Effler said. “And under Tennessee law, there is a presumption that when someone unlawfully enters or forcefully enters your home, that you are in, there’s a presumption that you are in fear of imminent death or serious bodily injury to yourself or family or member of the household or a person visiting as your invited guest.”
Effler said the prohibition against shooting a person who is running away is encompassed within the requirement that there must be an imminent danger.
“Tennessee self-defense law, I believe, is really rooted in reasonableness and what is reasonable under the circumstances,” Effler said. “And again, that’s why it’s a very fact-specific inquiry to each case where we are evaluating whether or not someone acted in self-defense.”
Effler serves as Tennessee’s 8th Judicial District Attorney