06-03-2025
TN bills could allow deadly force to protect property
MEMPHIS, Tenn. — Two Tennessee bills are sparking debates on personal property defense.
House Bill 856 and Senate Bill 1407 have caused controversy as they move into the next phase.
The bills establish that a person is justified, under certain circumstances, to use deadly force to protect their property.
HB 856 was authored by District 71's Rep. Kip Capley.
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'We had a situation in East Tennessee where there was a lot of looting after the hurricane. And, we're trying to also, in addition to that, to strengthen some of the self-defense laws that we have and to offer a clear protection against theft and destruction and harm to private property and to put more safeguards to prevent, really, an excessive use of deadly force going forward,' said Rep. Capley.
Currently, Tennessee's Stand Your Ground law allows you to defend yourself with a gun only if you or another person is in imminent danger.
The proposed legislation states, 'A person is justified in using deadly force against another to prevent or terminate the other's actual or attempted trespass; arson; damage to property; burglary; theft; robbery; or aggravated cruelty to animals, seriously bodily injury, or death to animals or livestock.'
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'I think, you know, once people kind of learn that, if you break into somebody's home, if you break in their property, if you're trying to loot and someone feels like their lives in danger if they realize that the possibility of deadly force being used against them could, you know, potentially happen then then maybe that would deter some crime going forward,' said Rep. Capley.
This year, Memphis Public Safety has reported a total of 1,095 auto burglaries and 609 home break-ins.
Legislators hope these bills will allow citizens to protect their possessions and homes when necessary.
House Bill 856 will be heard in the House Criminal Justice subcommittee in the coming weeks. Senate Bill 1407 has been placed in the senate judiciary committee for hearing.
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