Quick Reference
Magazine Capacity Restrictions
Constitutional (Permitless) Carry Allowed
Red Flag Laws
Carry in Alcohol Establishments Allowed
Open Carry Allowed
No Weapons Signs Enforced by Law
NFA Weapons Allowed
Duty to Retreat
Duty to Inform Law Enforcement
"Universal" Background Checks Required
Table of Contents
State Law Summary
Constitution of the State of Tennessee - Tenn. Const. Art. I, § 26
"The right of the people to keep and bear arms shall not be questioned."Â
Tennessee's firearm law history has evolved through several significant legislative changes and court rulings. In 1994, Tennessee enacted its first comprehensive concealed carry law, allowing individuals to obtain permits to carry concealed firearms, a move that reflected growing public interest in self-defense. The law was further refined in subsequent years, with notable changes in 2005 when the General Assembly passed the "Guns in Parks" legislation, allowing permit holders to carry in state parks. In 2017, Tennessee strengthened its stance on self-defense with the passage of the "Stand Your Ground" law, affirming the right to use force in self-defense without a duty to retreat. Additionally, the 2021 "Constitutional Carry" law, which permits permitless carry for eligible individuals, marked a significant shift toward less regulation.
Permit Eligibility, Training and Application Process
Tennessee's history of handgun carry permits (HCP) has undergone notable changes since the state's first concealed carry law was enacted in 1994. Initially, the law required individuals to apply for permits, which included background checks and training requirements. In 2005, the "Guns in Parks" legislation was passed, allowing permit holders to carry firearms in state parks, further expanding rights. The 2017 "Stand Your Ground" law reinforced self-defense rights by removing the duty to retreat in certain situations. Most significantly, in 2021, Tennessee implemented the "Permitless Carry" law, allowing eligible individuals to carry handguns without a permit, reflecting a broader trend toward less regulation of firearm ownership and carry rights in the state.
Tennessee offers two different types of handgun carry permits, the Concealed Handgun Permit (CHP) and the Enhanced Concealed Handgun Permit (ECHP).
The Concealed Handgun Permit is easier to obtain, requires a 90-minute online training, and has a lower application fee.
The Enhanced Handgun Permit allows for carry either open or concealed, is less restrictive in where you can carry, requires an 8-hour in-person training, and costs more to obtain.
Permit Eligibility
- Proof of U.S. Citizenship or Lawful Permanent Residency.
- Applicants must not be prohibited from purchasing or possessing a handgun in this, or any other, state.
- Must not have a felony conviction and not currently under indictment for a felony
- Must not have a charge pending for domestic violence and never been convicted of domestic violence
- Must not be a fugitive from justice
- Must not have been discharged from the Armed Forces under dishonorable conditions
- Must not be an illegal alien or unlawfully in the United States
- Has not renounced their United States citizenship
- Does not have an Order of Protection or a restraining order filed against them
- Not an unlawful user of or addicted to alcohol or any controlled substance or controlled substance analogue
- Not a patient in a rehabilitation program and have not been hospitalized for alcohol, controlled substance or controlled substance analogue within ten (10) years (if court ordered) or 3 years (if voluntary)
- Must not have had two (2) convictions for DUI in ten (10) years, with one of those being within the last five (5) years
- Not currently under the jurisdiction of the court for a DUI or any other Class A misdemeanor conviction
- Has not been adjudicated as a mental defective or committed to/or hospitalized in a mental institution
- Has not had a court appoint a conservator for me by reason of mental defect
- Has not been judicially determined to be disabled by reason of mental illness, development disability or other mental incapacity
- Has not been found by a court to pose an immediate substantial likelihood of serious harm, because of mental illness within seven (7) years from the date of application
- Has not been convicted of stalking and have no pending charge(s) for stalking
- Not receiving social security disability benefits by reason of alcohol dependence, drug dependence, or mental disability
- Applicants are required to be a resident of the state of Tennessee
- Be at least eighteen (18) years of age
Handgun Permit Fees
- Handgun carry permits are issued on an eight (8) year cycle.
- Concealed Handgun Carry- $65.00
- Enhanced Handgun Permit -$100.00
- Military 8 year Enhanced - $65.00
- Lifetime (Enhanced only) - $300.00
- Military Lifetime (Enhanced only) - $265.00
- Retired Law Enforcement Lifetime (Enhanced only) - FREE
Application Process
- Schedule an appointment at your county Driver License Center.
- At the Driver Services Center:
- Pay application fee
- Provide CERTIFIED PROOF of U.S. Citizenship or Lawful Permanent Residency (Photocopies will not be accepted)
- Provide proof of full SSN
- Have photo taken
- If you do not currently have a Tennessee driver license, you must submit two proofs of Tennessee residency with your name and resident address - NO P.O. BOXES (Documents must be current and within last 4 months.)
- Present a photo ID to the Department at the time of filing the application
- Once transaction is complete, the examiner will provide you with the instructions for being fingerprinted.
Permitless Carry Law
The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit.Â
On April 8, 2021, Tennessee Governor Bill Lee signed Senate Bill 765 (effective July 1, 2021), making Tennessee the 20th state to institute constitutional carry, eliminating the requirement to obtain a carry permit for both open and concealed carrying of handguns by any unprohibited person, resident or non-resident.
Tennessee law:
(a)
- A person commits an offense who carries, with the intent to go armed, a firearm or a club.
(g) It is an exception to the application of subsection (a) that a person is carrying, whether openly or concealed, a handgun and:
- -
- The person is at least twenty-one (21) years of age; or
- The person is at least eighteen (18) years of age and:
- Is an honorably discharged or retired veteran of the United States armed forces;
- Is an honorably discharged member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program; or
- Is a member of the United States armed forces on active duty status or is a current member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program;
- The person lawfully possesses the handgun; and
- The person is in a place where the person is lawfully present.
Tenn. Code § 39-17-1307 (a) & (g)
Reciprocity Agreements
Reciprocity refers to an agreement between states to recognize, or honor, a concealed firearm permit issued by another state.
When you are in another state, you are subject to that state’s laws. Even if a state recognizes your carry permit or allows for permitless carry, the state may have additional restrictions on certain types of firearms, magazines, or ammunition. Take time to learn the law!
State Preemption Laws
State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties.
Tennessee law:
(a) Except as otherwise provided by state law or as specifically provided in subsection (b), the general assembly preempts the whole field of the regulation of firearms, ammunition, or components of firearms or ammunition, or combinations thereof including, but not limited to, the use, purchase, transfer, taxation, manufacture, ownership, possession, carrying, sale, acquisition, gift, devise, licensing, registration, storage, and transportation thereof, to the exclusion of all county, city, town, municipality, or metropolitan government law, ordinances, resolutions, enactments or regulation. No county, city, town, municipality, or metropolitan government nor any local agency, department, or official shall occupy any part of the field regulation of firearms, ammunition or components of firearms or ammunition, or combinations thereof.
(b) A city, county, town, municipality or metropolitan government is expressly authorized to regulate by ordinance, resolution, policy, rule or other enactment the following:
- The carrying of firearms by employees or independent contractors of the city, county, town municipality or metropolitan government when acting in the course and scope of their employment or contract, except as otherwise provided in § 39-17-1313;
- The discharge of firearms within the boundaries of the applicable city, county, town, municipality or metropolitan government, except when and where the discharge of a firearm is expressly authorized or permitted by state law;
- The location of a sport shooting range, except as otherwise provided in §§ 39-17-316 and 13-3-412. To the extent that a city, county, town, municipality, or metropolitan government has or enforces any regulation of privately owned or operated sport shooting ranges, the city, county, town, municipality, or metropolitan government shall not impose greater restrictions or requirements on privately owned or operated ranges than are applicable to any range located within the same unit of local government and owned or operated by a government entity. A party may challenge any regulation of a sport shooting range that violates this subdivision (b)(3) in the manner described in subsection (g); and
(c) The enforcement of any state or federal law pertaining to firearms, ammunition, or components of firearms or ammunition, or combinations thereof, except as prohibited by § 38-3-115.
The general assembly declares that the lawful design, marketing, manufacture and sale of firearms and ammunition to the public are not unreasonably dangerous activities and do not constitute a nuisance per se.
(d)
- The authority to bring suit and right to recover against any firearms or ammunition manufacturer, trade association or dealer by or on behalf of any state entity, county, municipality or metropolitan government for damages, abatement or injunctive relief resulting from or relating to the lawful design, manufacture, marketing or sale of firearms or ammunition to the public shall be reserved exclusively to the state.
- Nothing in this subsection (d) shall be construed to prohibit a county, municipality, or metropolitan government from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by such county, municipality, or metropolitan government.
(e) Nothing in this subsection (d) shall preclude an individual from bringing a cause of action for breach of a written contract, breach of an express warranty, or for injuries resulting from defects in the materials or workmanship in the manufacture of the firearm.
Subsections (c) and (d) shall not apply in any litigation brought by an individual against a firearms or ammunition manufacturer, trade association or dealer.
(f) It is the intent of the general assembly that this part is preemptive with respect to the transfer, ownership, possession or transportation of knives and no city, county, or metropolitan government shall occupy any part of the field of regulation of the transfer, ownership, possession or transportation of knives.
(g)
-
- Notwithstanding title 29, chapter 20; title 9, chapter 8; and § 20-13-102, a party may file an action in a court of competent jurisdiction against any of the persons or entities listed in subdivisions (g)(1)(A)(i) and (ii), if the party is adversely affected by:
- An ordinance, resolution, policy, rule, or other enactment that is adopted or enforced by a county, city, town, municipality, or metropolitan government or any local agency, department, or official that violates this section; or
- The creation or maintenance of a record, database, registry, or collection of records, in violation of § 39-17-1305, by a state or local government entity, official, employee, or agent.
The adversely affected party may seek:- Declaratory and injunctive relief; and
- Damages, as provided in subsection (i).
- Notwithstanding title 29, chapter 20; title 9, chapter 8; and § 20-13-102, a party may file an action in a court of competent jurisdiction against any of the persons or entities listed in subdivisions (g)(1)(A)(i) and (ii), if the party is adversely affected by:
(h) This subsection (g) shall apply to any ordinance, resolution, policy, rule, or other enactment that is adopted or enforced on or after July 1, 2017, or any record, database, registry, or collection of records that is made or maintained on or after July 1, 2021.
As used in subsection (g), a party is "adversely affected" if:
- The party is an individual who:
- Lawfully resides within the United States;
- May legally possess a firearm under Tennessee law; and
- Is or was subject to the ordinance, resolution, policy, rule, or other enactment or was included as an entry on a database, registry, or collection of records, that is the subject of an action filed under subsection (g). An individual is or was subject to the ordinance, resolution, policy, rule, or other enactment if the individual is or was physically present within the boundaries of the political subdivision for any reason; or
- The party is a membership organization that:
- Includes two (2) or more individuals described in subdivision (h)(1); and
Is dedicated in whole or in part to protecting the rights of persons who possess, own, or use firearms for competitive, sporting, defensive, or other lawful purposes.
(i) A prevailing plaintiff in an action under subsection (g) is entitled to recover from the county, city, town, municipality, or metropolitan, state, or local government entity the following:
- The greater of:
- Actual damages, including consequential damages, attributable to the ordinance, resolution, policy, rule, enactment, database, registry, or collection of records; or
- Three (3) times the plaintiff's attorney's fees;
Court costs, including fees; and - Reasonable attorney's fees; provided, that attorney's fees shall not be awarded under this subdivision (i)(3) if the plaintiff recovers under subdivision (i)(1)(B).
Tenn. Code § 39-17-1314
Purchase/Transfer Laws
When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g).
Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law.
In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms.
A person commits an offense who:
- Intentionally, knowingly, or recklessly sells, loans or makes a gift of a firearm to a minor;
- Intentionally, knowingly or recklessly sells a firearm or ammunition for a firearm to a person who is intoxicated; or
- Intentionally, knowingly, recklessly or with criminal negligence violates § 39-17-1316.
Tenn. Code § 39-17-1303 (a)
Firearm Classification and Accessory Restrictions
COMING SOON!
Magazine Capacity Restrictions
Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds.
[State] restricts the ammunition capacity of magazines to [restriction] by state law.
Tennessee has no laws restricting the ammunition capacity of magazines.
Prohibited Areas - Where Firearms Are Prohibited Under State law
Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state.
Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas.
Tennessee law:
Firearms are prohibited in the following locations:
- Any room in which judicial proceedings are in progress.
- Any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field or any other property owned, used or operated by any board of education, school, college or university board of trustees, regents or directors for the administration of any public or private educational institution. This prohibition also includes carrying onto portions of a religious institution being used for school property, while being used for school purposes. AG Opinion No. 15-67
- Prisons or correctional facilities. §39-16-201
- Posted Buildings: An individual, corporation, business entity or local, state or federal government entity or agent thereof is authorized to prohibit the possession of weapons by any person. They must display a sign in prominent locations, including all entrances primarily used by persons entering the building, portion of the building or buildings where weapon possession is prohibited. § 39-17-1359
- A permitee MAY carry into a restaurant that sells alcohol, however a permitee MAY NOT drink while in possession of a firearm. §57-3-204(c)(3).
- School-administered child-care programs. Tenn. Comp. R. & Regs. R. 0520-12-1-.14(5 (a)(3)(xii); R.0520-12-1-.10(4)(f));
- Group child-care homes (Tenn. Comp. R. & Regs. R. 1240-4-1-.06(4)(k));
- Drop-In child care centers (Tenn. Comp. R. & Regs. R. 1240-4-2-.08(8)(c));
- Child care centers (Tenn. Comp. R. & Regs. R. 1240-4-3-.10(13)(d));
- Family child care homes (Tenn. Comp. R. & Regs. R. 1240-4-4-.06(4)(k));
- Residential child caring agencies (Tenn. Comp. R. & Regs. R. 1240-4-5-.04(3)(b)(1)(iii)(VII)).
Tennessee generally prohibits any person from possessing a firearm in, on, or while traversing any refuge, public hunting area or wildlife management area frequented or inhabited by big game, except during specified or lawful open hunting seasons in these areas. Handgun carry permit holders are generally exempt from this possession restriction, regardless of whether such area is frequented or inhabited by big game.
Tenn. Code Ann. § 70-4-117(a) and Tenn. Code Ann. §§ 70-4-117(d), 70-5-101.
An individual, corporation, business entity or local, state or federal government entity is authorized to prohibit the possession of firearms by any person attending a meeting conducted by, or on property owned, operated, or managed by or under the control of such individual, corporation, business entity or government entity.
Tenn. Code Ann. § 39-17-1359(a)(1).
Tennessee has no statutes prohibiting firearms in the following places:
Hospitals;
Places of worship;
Sports arenas;
Gambling facilities; or
Polling places.
State administrative regulations may govern the possession of firearms in these or other locations.
Methods of Carry - Open Carry Laws
Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others.
It is legal to oepn carry a handgun in Tennessee
No Weapons Signs
No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.
In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply.
Tennessee law:
Tennessee gives individuals, corporations, business entities, and local, state, and federal government entities or agents thereof the authority to prohibit firearm possession on their premises. The sign shall include the phrase "NO FIREARMS ALLOWED", and the phrase shall measure at least one inch (1") high and eight inches (8") wide. The sign shall also include the phrase "As authorized by T.C.A. Section 39-17-1359"
T.C.A. Section 39-17-1359
Controlled Substance/Alcohol Laws
Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed.
Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”
27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3)
Tennessee law:
Tennessee law prohibits people from carrying a handgun while consuming drugs or alcohol.
(a) Notwithstanding whether a person has a permit issued pursuant to § 39-17-1315 or § 39-17-1351 or § 39-17-1366, it is an offense for a person to possess a handgun while under the influence of alcohol or any controlled substance or controlled substance analogue.
(b) It is an offense for a person to possess a firearm if the person is both:
-  Within the confines of an establishment open to the public where liquor, wine or other alcoholic beverages, as defined in § 57-3-101(a), or beer, as defined in § 57-6-102, are served for consumption on the premises; and
- Consuming any alcoholic beverage listed in subdivision (b)(1).
(c)
- A violation of this section is a Class A misdemeanor.
- In addition to the punishment authorized by subdivision (c)(1), if the violation is of subsection (a), occurs in an establishment described in subdivision (b)(1), and the person has a handgun permit issued pursuant to § 39-17-1351 or § 39-17-1366, such permit shall be suspended in accordance with § 39-17-1352 for a period of three (3) years.
T.C.A. § 39-17-1321
Vehicle and Transport Laws
No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.
In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply.
[Insert state law in shadowbox]
OR
Tennessee law does not address the issue of transporting a firearm in a vehicle.
Storage Requirements
Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors.
Tennessee does not have any laws specifically related to how firearms must be stored.
Other Weapons Restrictions
COMING SOON!
Police Encounter Laws
Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession.
In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state.
The final category of states is classified as “no duty to inform” states. In these states there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.
There is no duty to inform a police officer that you are carrying a concealed firearm in Tennessee.
Red Flag or Emergency Risk Orders
Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions.
Tennessee does not have Emergency Risk Orders ("Red Flag Laws).
Use of Force in Defense of Person
The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state laws.
Tennessee law:
(a) A person shall not be charged with or convicted of a violation under this part if the person possessed, displayed or employed a handgun in justifiable self-defense or in justifiable defense of another during the commission of a crime in which that person or the other person defended was a victim.
(b) A person who discharges a firearm within the geographical limits of a municipality shall not be deemed to have violated any ordinance in effect or be subject to any citation or fine the municipality may impose for discharging a firearm within the limits of the municipality if it is determined that when the firearm was discharged the person was acting in justifiable self-defense, defense of property, defense of another, or to prevent a criminal offense from occurring.
TN Code § 39-17-1322 (2023)
Use of Force in Defense of Others
Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state.
Tennessee law:
A person is justified in threatening or using force against another to protect a third person, if:
- Under the circumstances as the person reasonably believes them to be, the person would be justified under § 39-11-611 in threatening or using force to protect against the use or attempted use of unlawful force reasonably believed to be threatening the third person sought to be protected; and
- The person reasonably believes that the intervention is immediately necessary to protect the third person.
TN Code § 39-11-612 (2023)
Use of Force in Defense of Habitation
The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.
Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all.
Tennessee law:
Any 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 a person visiting as an invited guest, when that force is used against another person, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence, business, dwelling or vehicle, and the person using defensive force knew or had reason to believe that an unlawful and forcible entry occurred.
TN Code § 39-11-611 (2023)
Use of Force in Defense of Property
Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted.
Tennessee law:
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.
TN Code § 39-11-614 (a)
Self-Defense Immunity
To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits.
Tennessee law:
A person who uses force as permitted in §§ 39-11-611 — 39-11-614, § 29-34-201, or § 49-6-4107, is justified in using such force and is immune from civil liability for the use of such force
TN Code § 39-11-611 (a)
Duty to Retreat
A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations.
Tennessee law:
Notwithstanding § 39-17-1322, 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 against another person when and to the degree the person reasonably believes the force is immediately necessary to protect against the other's use or attempted use of unlawful force.
TN Code § 39-11-611
Self-Defense Limitations
COMING SOON!
Use of Force Considerations
COMING SOON!
Use of Force Against Animals
Tennessee law:
A person is justified in killing the animal of another if the person acted under a reasonable belief that the animal was creating an imminent danger of death or serious bodily injury to that person or another or an imminent danger of death to an animal owned by or in the control of that person. A person is not justified in killing the animal of another if, at the time of the killing, the person is trespassing upon the property of the owner of the animal.
TN Code § 39-14-219 (c)
Cases to Watch
COMING SOON!