Kaitlin Housler is a reporter at The Tennessee Star and The Star News Network. Follow Kaitlin on X / Twitter.
Founder of the Tennessee Firearms Association and Second Amendment expert John Harris is bringing attention to Tennessee’s law prohibiting the use of deadly force to protect real or personal property.
Harris’ criticism of the statute, Tennessee Code Annotated §§ 39-11-611; 39-11-614, comes as residents in East Tennessee impacted by devastating flash flooding from Hurricane Helene are being warned of an increased possibility that looters may trespass on properties in areas affected by the weather looking for valuable property or essential supplies.
On Thursday’s edition of The Michael Patrick Leahy Show, Harris explained that Tennesseans who encounter looters on their property are not only prohibited from using deadly force but are also prohibited from brandishing a firearm when attempting to defend their property.
“Tennessee’s laws on the use of deadly force are very clear in the statute that the only time an individual can use deadly force is to defend human life and then only in an instance when the use of deadly force is necessary because there’s an imminent fear of death or serious bodily injury to a human,” Harris explained.
Harris said many Tennesseans are unaware of the law, which, if broken, “would constitute at least a Class C felony of aggravated assault.”
“Lots of Tennesseans believe that they have the right to defend their home, to defend their place of business, to defend their household goods, their farm equipment, their business equipment, their business inventory, by using a firearm or brandishing a firearm in particular. But Tennessee law, at least the statutes that the General Assembly enacts, is quite clear that those things are not only illegal, but in most instances, they would constitute at least a class C felony of aggravated assault,” Harris said.
Using the example of areas in East Tennessee decimated by the hurricane, Harris said if a property owner brandishes a firearm at a looter on their personal property, “Those homeowners, those business owners likely have committed a higher grade crime in the eyes of the law in Tennessee than the thief or the looter who is trying to steal their stuff.”
Harris said the lack of laws allowing business owners and homeowners to defend their property is “solely a Republican failure for Tennesseans,” as Republicans hold a supermajority in the Tennessee General Assembly.
“After 15 years of a Republican supermajority and asking them to address these issues, they continue to thumb their nose and disregard it and instead they listen to what many in government law enforcement say they would prefer, as opposed to what the Constitution says is required,” Harris said.
Noting that a bill to allow the use of deadly force to protect real or personal property may be introduced during next year’s legislative session of the General Assembly, Harris encouraged Tennesseans to contact their state representatives and Republican leadership to demand that the bill be taken up and passed.
“If the people want the ability to defend their home, their property, their assets, their business inventory, they need to get loud about this and they need to let Cameron Sexton and Randy McNally and others in leadership like Jack Johnson and William Lambert know that this is something the people of Tennessee are demanding, and that they won’t tolerate stonewalling from leadership who think only the politically popular concepts are suitable for passage,” Harris said.
