The Firing Line Forums - View Single Post - Staying at someone else's house, still legal to use deadly force against intruder?

Evan Thomas · August 16, 2011, 11:13 AM

In Tennessee, it's legal to use force, but not deadly force, to protect property. Deadly force is justified only in response to a threat to life or limb.

39-11-614. Protection of property.

(a) A person in lawful possession of real or personal property is justified in threatening or using force against another, when and to the degree it is reasonably believed the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

(b) A person who has been unlawfully dispossessed of real or personal property is justified in threatening or using force against the other, when and to the degree it is reasonably believed the force is immediately necessary to reenter the land or recover the property, if the person threatens or uses the force immediately or in fresh pursuit after the dispossession:

(1) The person reasonably believes the other had no claim of right when the other dispossessed the person; and

(2) The other accomplished the dispossession by threatening or using force against the person.

So you can "take action," but not by using, or threatening, deadly force.

And in the example you give, it would be a lot smarter to stay away, call the cops, and be a good witness: get descriptions and license plate numbers, and perhaps follow the thieves at a distance. If an armed gang is cleaning out your house, and you confront them, you may lose the fight. If you're outside your house and provoke a confrontation that could have been avoided, and end up shooting someone, you'll be on much shakier legal ground, and the aftermath won't feel much like a victory.

Possessions can be replaced -- that's why you have insurance. It's not, IMHO, worth risking a violent confrontation over "stuff."

You can find the passage I quoted above, as well as the rest of the TN code dealing with justification for the use of force, through the link in my first post. Read up, bookmark, and learn. And consider discussing this with a lawyer who specializes in such cases -- if you're ever actually involved in a self-defense shooting, it's vital to have a lawyer you can reach in a hurry.

August 16, 2011, 11:13 AM	#8
Evan Thomas Senior Member Join Date: July 7, 2008 Location: Upper midwest Posts: 5,631	In Tennessee, it's legal to use force, but not deadly force, to protect property. Deadly force is justified only in response to a threat to life or limb. 39-11-614. Protection of property. (a) A person in lawful possession of real or personal property is justified in threatening or using force against another, when and to the degree it is reasonably believed the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property. (b) A person who has been unlawfully dispossessed of real or personal property is justified in threatening or using force against the other, when and to the degree it is reasonably believed the force is immediately necessary to reenter the land or recover the property, if the person threatens or uses the force immediately or in fresh pursuit after the dispossession: (1) The person reasonably believes the other had no claim of right when the other dispossessed the person; and (2) The other accomplished the dispossession by threatening or using force against the person. So you can "take action," but not by using, or threatening, deadly force. And in the example you give, it would be a lot smarter to stay away, call the cops, and be a good witness: get descriptions and license plate numbers, and perhaps follow the thieves at a distance. If an armed gang is cleaning out your house, and you confront them, you may lose the fight. If you're outside your house and provoke a confrontation that could have been avoided, and end up shooting someone, you'll be on much shakier legal ground, and the aftermath won't feel much like a victory. Possessions can be replaced -- that's why you have insurance. It's not, IMHO, worth risking a violent confrontation over "stuff." You can find the passage I quoted above, as well as the rest of the TN code dealing with justification for the use of force, through the link in my first post. Read up, bookmark, and learn. And consider discussing this with a lawyer who specializes in such cases -- if you're ever actually involved in a self-defense shooting, it's vital to have a lawyer you can reach in a hurry. __________________ Never let anything mechanical know you're in a hurry. Last edited by Evan Thomas; August 16, 2011 at 11:55 AM. Reason: punctuation.