Image Credit: TN General Assembly
The Tennessee Conservative [By Olivia Lupia] –
A bill seeking to lower the standard in Tennessee for the use of deadly force when protecting private property passed the House Criminal Justice Subcommittee on Tuesday, the same day its companion also cleared a Senate Committee, bringing this legislation one step closer to passage.
HB1802 by Rep. Kip Capley (R-Summertown-District 71) allows for the use of deadly force to “prevent or terminate the other’s actual trespass, arson, damage to property, including damage to livestock, burglary, theft, robbery, or aggravated cruelty to animals” in the event the person using deadly force believes the property cannot be protected any other way or of the use of force by other means would expose them or someone else to risk of death or serious bodily injury.
Shooting someone in the back would not be justified under the legislation.
“It basically says that if deadly force is your last and only option to protect your private property, you can use it,” said Capley during the subcommittee meeting.
Democrat Jason Powell asked how an individual could be held accountable for using deadly force if there are no other individuals to witness to the fact that it was necessary, to which Capley responded that an individual who uses deadly force under other self-defense provisions already has to prove in court or to the district attorney their justification to take that action, so the standard would not change in that regard.
The subcommittee voted 7-2 along party lines to advance the bill to the full House Judiciary Committee.
SB1847, the Senate companion, passed the Senate Judiciary Committee 7-1 and will now go to the Senate Calendar Committee to secure a date for a full House vote.
The House Criminal Justice Subcommittee was also slated to hear two other Second Amendment-related bills, but no action was taken on them, likely due to the Senate versions of the bills being deferred to 2027.
HB1737 by Rep. Monty Fritts (R-Kingston-District 32) “removes certain criminal offenses relative to the possession and carrying of firearms, including the offense of carrying a firearm with the intent to go armed if the person has been convicted of stalking or DUI in certain circumstances and the offense of possession of a firearm by a person under 25 if the person was adjudicated delinquent for certain offenses as a juvenile; removes the offense of possessing or carrying a weapon in a public park, playground, civic center, or other public recreational area.”
HB2514, also by Fritts, seeks to delete the controversial “intent to go armed” provision in state law and clarify or rewrite other restrictions on carrying firearms.
With both Senate companion bills being shelved, it is unlikely these two pieces of legislation will see any further action this year, though both have been reset on the House Criminal Justice Subcommittee calendar for Wednesday, April 1.
Because 2026 is the last year in the 114th General Assembly’s two-year session, bills deferred to 2027 cannot carry over in their current committees to next year as a brand-new General Assembly begins. These bills will instead need to be reintroduced and begin the legislative process over again next year should sponsors wish to pursue the issues.
About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
