Self-Defense Laws in Tennessee
Whether Tennessee has a duty to retreat or a stand your ground law, and how the castle doctrine applies at home.
Short answer: Stand your ground. A person who is not engaged in conduct that would constitute a felony or Class A misdemeanor and is in a place where the person has a right to be has no duty to retreat before threatening or using force intended or likely to cause death or serious bodily injury, if the… Tenn. Code Ann. § 39-11-611(b)(1)-(3)
| Stand your ground / duty to retreat | Stand your ground. A person who is not engaged in conduct that would constitute a felony or Class A misdemeanor and is in a place where the person has a right to be has no duty to retreat before threatening or using force intended or likely to cause death or serious bodily injury, if the person has a reasonable belief that there is an imminent danger of death, serious bodily injury, or grave sexual abuse; the danger creating the belief is real, or honestly believed to be real at the time; and the belief is founded upon reasonable grounds. The same no-retreat rule applies to non-deadly force the person reasonably believes is immediately necessary to protect against another's unlawful force. A person who is engaged in the activity or in the place because of status as a victim of human trafficking is treated as not engaged in unlawful conduct and as in a place where the person has a right to be (status must be proven by clear and convincing evidence, which may be provided through testimony). Agrees with the General Assembly's bill summaries for HB 0856 (114th GA): https://wapp.capitol.tn.gov/apps/BillInfo/Default?BillNumber=HB0856&ga=114 and SB 0188 (Pub. Ch. 115 of 2021). Read on codes.findlaw.com (a public copy of the official code); check against the official code. Mirror pages state they are current as of January 2, 2024. |
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| Castle doctrine (defending your home) | A person using force intended or likely to cause death or serious bodily injury within a residence, business, dwelling or vehicle is presumed to have held a reasonable belief of imminent death or serious bodily injury to self, family, a member of the household or an invited guest when the force is used against someone who unlawfully and forcibly enters or has entered, and the person knew or had reason to believe an unlawful and forcible entry occurred. The presumption does not apply if the person against whom force is used has a right to be there or lives there (unless barred by an order of protection, injunction or no-contact order); is removing a child or grandchild in his or her lawful custody; if the person using force is engaged in a felony or Class A misdemeanor or is using the place to further unlawful activity; or if the person entering is a law enforcement officer performing official duties who identified himself or herself or whom the person knew or reasonably should have known was an officer. A person who uses force as permitted by these self-defense laws is justified and immune from civil liability, unless the force was used against an identified on-duty law enforcement officer or harmed an innocent bystander or other person against whom force was not justified. § 39-11-622: https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-11-622/ . Read on codes.findlaw.com (a public copy of the official code); check against the official code. Mirror pages state they are current as of January 2, 2024. |
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FAQ
Is Tennessee a stand your ground state?
Stand your ground. A person who is not engaged in conduct that would constitute a felony or Class A misdemeanor and is in a place where the person has a right to be has no duty to retreat before threatening or using force intended or likely to cause death or serious bodily injury, if the person has a reasonable belief that there is an imminent danger of death, serious bodily injury, or grave sexual abuse; the danger creating the belief is real, or honestly believed to be real at the time; and the belief is founded upon reasonable grounds. The same no-retreat rule applies to non-deadly force the person reasonably believes is immediately necessary to protect against another's unlawful force. A person who is engaged in the activity or in the place because of status as a victim of human trafficking is treated as not engaged in unlawful conduct and as in a place where the person has a right to be (status must be proven by clear and convincing evidence, which may be provided through testimony).
Does Tennessee have a castle doctrine?
A person using force intended or likely to cause death or serious bodily injury within a residence, business, dwelling or vehicle is presumed to have held a reasonable belief of imminent death or serious bodily injury to self, family, a member of the household or an invited guest when the force is used against someone who unlawfully and forcibly enters or has entered, and the person knew or had reason to believe an unlawful and forcible entry occurred. The presumption does not apply if the person against whom force is used has a right to be there or lives there (unless barred by an order of protection, injunction or no-contact order); is removing a child or grandchild in his or her lawful custody; if the person using force is engaged in a felony or Class A misdemeanor or is using the place to further unlawful activity; or if the person entering is a law enforcement officer performing official duties who identified himself or herself or whom the person knew or reasonably should have known was an officer. A person who uses force as permitted by these self-defense laws is justified and immune from civil liability, unless the force was used against an identified on-duty law enforcement officer or harmed an innocent bystander or other person against whom force was not justified.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.