Hurricane Helene struck with devastation that is unprecedented in recent memory when it hit ground at the end of September 2024. It devastated substantial parts of East Tennessee and other states with flooding, death tolls are rising, roads and infrastructure are unusable perhaps for weeks or months. Now, there are news reports that the residents in those areas are also becoming the victims of looters. But, were you aware that the laws in Tennessee, laws which have been maintained and sustained by the Republican controlled legislature, make it a crime for the affected residents to defend their homes and property from looters?

Tennessee law prohibits the use of deadly force to protect real or personal property. Tennessee Code Annotated §§ 39-11-611; 39-11-614. That means, if someone has broken into your home, your barn, your garage, or is trespassing on your land, you cannot use “deadly force” to force them to stop or to get off of your property. If someone is stealing your car, your truck, your life’s savings, your food, your generator, your fuel, your livestock or any other property, you cannot use “deadly force” to stop them or to protect your stuff.

Tennessee law also prohibits the use of deadly force in making a citizen’s arrest. Tennessee Code Annotated §39-11-621. That means if someone becomes aware that another person (e.g., looters) are on their property, stealing their stuff or perhaps has even assaulted or killed one of their family members, that individual cannot use “deadly force” to make a citizen’s arrest.

It is no answer that “well I did not fire the gun” or “I did not shoot them” or “I only pointed the gun at them.” In Tennessee, deadly force is defined by the Legislature – not by common sense. The Legislature has created this definition – “Deadly force means force that is intended or known by the defendant to cause or, in the manner of its use or intended use, is capable of causing death or serious bodily injury.” Tennessee Code Annotated § 39-11-602(2)(cleaned up). Thus, even the brandishment of a firearm, a knife, or anything else that is capable of causing death or serious bodily injury is the use of deadly force.

If a person, perhaps a storm victim who is being victimized by looters or trespassers, were to try to protect their property with a firearm, even if they did not fire it, by brandishing the firearm and/or perhaps yelling “stop right there or I will shoot”, that individual likely commits a felony offense of aggravated assault with a deadly weapon. See, Tennessee Code Annotated § 39-13-102(a)(1)(A)(iii) (likely a Class C felony and a sentence range of 3-6 years).

Tennessee’s Legislature has tied the hands of victims by forcing them to stand by without the ability to protect their homes, lands, or the property from thieves, robbers, burglars and looters. To that extent, the Republican controlled General Assembly has victimized the innocent again. These laws should be changed so that citizens, even if not in a emergency, can effectively defend themselves, their lands, their homes and their properties from those who are willing to risk their lives to engage in criminal activity.