As Tennessee prepares for a severe winter storm system arriving this
weekend, January 23–25, 2026, the Tennessee Firearms Association urges
all Tennesseans—especially our members—to stay informed, prepared, and
aware of the serious legal restrictions that still govern the defense of
your home, business, and property.
The National Weather Service
is forecasting heavy snowfall of a few inches to more than a foot in
higher elevations, ice accumulations of up to an inch across parts of
the state, freezing rain, strong winds, and dangerously low wind chills.
These conditions are expected to cause road hazards, widespread power
outages, downed trees and power lines, and potential disruptions lasting
several days or perhaps weeks in some instances. Emergency management
officials are advising residents to stock emergency supplies, secure
generators safely, and prepare for extended periods without electricity.
Natural disasters unfortunately create opportunities for
opportunistic crime. This obviously occurred in East Tennessee
following Hurricane Helene in September 2024, when flooding left
communities vulnerable and looting became a real concern. TFA addressed
this issue directly in our October 2024 article: Tennessee Law Prohibits Property Owners from Protecting
With similar risks now looming—thieves targeting generators, fuel
cans, food, or unsecured homes during prolonged blackouts—it is
essential that every Tennessean understands the current state of
Tennessee law.
Tennessee Law on Use of Deadly Force to Protect Property
Under Tennessee Code Annotated §§ 39-11-614 and 39-11-615, it is a
serious criminal offense to use “deadly force” for the sole purpose of
protecting real property or personal property (yours or another’s).
These statutes allow the use or threat of non-deadly force to prevent or
terminate criminal trespass or interference with property. However,
they expressly prohibit the use or threatened use of deadly force unless
the situation independently qualifies under other self-defense statutes
(for example, an imminent threat of death or serious bodily injury to a
person).
Importantly, Tennessee law defines “deadly force” broadly. It
includes not only actually causing physical injury or death, but also
the mere brandishing, display, or pointing of a firearm or other deadly
weapon in a manner intended or likely to cause fear of imminent death or
serious bodily injury. Brandishing a firearm to deter a thief can
therefore constitute deadly force—even if no shot is fired and no one is
injured. The result: what may be charged as aggravated assault, which
is a felony that can result in years in prison and the loss of civil
rights, against the homeowner can be more severe than the criminal
charge the thief might face for simple theft or burglary.
Example Scenario During This Storm
Power is out for days. Your generator is the only source of heat for
an elderly family member or for life-sustaining medical equipment. A
thief approaches your property to steal it. You step outside, display a
firearm, and order the thief to leave. Under current Tennessee law, that
act of brandishing can be prosecuted as a felony against
you—potentially carrying a harsher penalty than the theft itself. This
is not hypothetical. This is the law today. Worse, this is the choice that Tennessee’s Republican controlled Legislature has elected to preserve as the law.
The Castle Doctrine Does NOT Override the Property Defense Prohibition
Tennessee’s Castle Doctrine (§ 39-11-611) creates a presumption that a
person who unlawfully and forcibly enters or attempts to enter your
occupied home, occupied vehicle, or occupied place of business poses an
imminent threat of death or serious bodily injury. In such
circumstances, you may use deadly force without any duty to retreat if
all of the statute’s conditions are satisfied.
However, the Castle Doctrine applies only when there is a reasonable
belief of imminent danger to a person—not when the only concern is theft
or damage to property. If an intruder is stealing valuables, breaking
windows, or removing a generator but is not threatening anyone with
bodily harm, the Castle Doctrine provides no legal protection for using
or threatening deadly force to stop the property crime alone.
Stand Your Ground Expansion – The Reform Tennessee Needs
Tennessee’s current Stand Your Ground law (TCA § 39-11-611) removes
any duty to retreat before using force in any place where you are
lawfully present, provided you reasonably believe force is immediately
necessary to protect against another’s unlawful use of force. Yet this
protection is still limited to threats against persons—not property
crimes standing alone.
For more than a decade, the Tennessee Firearms Association and its
grassroots members have fought to expand Stand Your Ground principles to
explicitly allow the use of force—including deadly force when
reasonably necessary—to prevent or terminate:
- Burglary of an occupied dwelling
- Arson
- Theft, robbery, or looting
- Trespass that threatens substantial property loss
- Theft of or cruelty to livestock or working animals
Legislation has sought to close this dangerous gap. These bills would
have restored to law-abiding citizens the legal authority to defend
their homes, businesses, and property during emergencies without fear of
becoming the prosecuted party. Yet, the Legislature has repeatedly
chosen to reject these efforts.
Repeated Betrayal by Republican Leadership and the Majority of the Republican Caucus
Despite controlling both chambers of the General Assembly and the
Governor’s office, Tennessee Republicans—led by Governor Bill Lee’s
administration—have consistently refused to pass these common-sense
reforms. They have blocked legislation year after year, choosing instead
to preserve laws that disarm victims in their own homes and businesses
while criminals operate with relative impunity.
TFA and its members have begged, petitioned, testified, and
campaigned for change. The response has been silence, excuses, or
outright opposition.These elected officials have shown us who they are.
They have chosen to prioritize the “rights” of thieves, looters, and
burglars over the constitutional rights of law-abiding Tennesseans to
defend what is theirs—especially during times of crisis.
Your Safety – Practical Steps for This Weekend
- Prepare now: Stock food, water, medicine, batteries, flashlights, and fuel. Secure generators away from windows and doors.
- Use non-lethal deterrence: Motion-activated lights, audible alarms, visible security signs, and neighborhood watch coordination.
- Document everything: If you must confront a suspicious person,
record video if safe to do so and call law enforcement immediately.
- Know your legal boundaries: Do NOT rely on brandishing a firearm as your first or only response to a property crime.
- Make sure your insurance is current.
These are prudent precautions—but they are not a substitute for real legal reform.
Call to Action – It Is Time for Real Change
Asking the current leadership to fix this problem has proven futile.
They have had years. They have had majorities. They have had our
support—and they have betrayed it.The only remaining path is to replace
those who refuse to protect our rights.
- Join or renew your TFA membership today and support our ongoing legislative and legal efforts.
- Contact your state representative and senator immediately. Use this link to find and message them: https://wapp.capitol.tn.gov/Apps/fml2022/search.aspx
- In the next election cycle, support and vote for candidates who
commit to no-compromise Second Amendment rights and genuine self-defense
reform—regardless of party label.
- Donate to TFA to help fund our advocacy, legal defense funds, and grassroots campaigns.
TFA has been Tennessee’s only no-compromise gun rights organization
for 30 years. We will not stop fighting until Tennesseans can defend
their homes, families, and property without fear of becoming the
criminal in the eyes of the law.
Stay safe. Stay vigilant.
And let’s make 2026 the year Tennessee finally honors the right to self-defense—without apology.
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