Gun Law Question (crime, home, legal)

[fafnir]

I'll be heading up that way this summer to look for a home. I have a question regarding firearms laws in Tennesse. In Florida we have the
"Castle Doctrine" as follows:

The Florida "Castle Doctrine" law basically does three things:

One: It establishes, in law, the presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm, therefore a person may use any manner of force, including deadly force, against that person.

Two: It removes the "duty to retreat" if you are attacked in any place you have a right to be. You no longer have to turn your back on a criminal and try to run when attacked. Instead, you may stand your ground and fight back, meeting force with force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others. [This is an American right repeatedly recognized in Supreme Court gun cases.]

Three: It provides that persons using force authorized by law shall not be prosecuted for using such force.

It also prohibits criminals and their families from suing victims for injuring or killing the criminals who have attacked them.


Does Tennesee have a similar law on the books?

[jchometeam]

Almost certain that we do.

[beachdiver]

Yes, I believe Tennessee does have a Castle Doctrine law. There's a forum that has a lot of reference links on it - just google "Tennessee Gun Owners".

[Tony1790]

Yes we have similar law here, you can go to TN state website, there is a section with all of the gun laws there. But in a nut shell, it states that a person is presumed to have deadly intent if they are in or about your property and deadly force can be used against them.

Tony

[mbmouse]

My question would be, why would the first thing you want to know about an area is if you can shoot someone who breaks into your house? Then I saw you are coming from FL and it made sense. One of the great things about East TN as a whole is that you can relax a bit about this kind of thing. In the over 12 years I have been here since moving up from FL, I have never heard of a home robbery where the home owner did not know the criminal. It is bazaar, but the family member with drug problem doesn't seem to have much compunction from stealing from friends and relatives, but have too much......respect maybe... to steal from a stranger.
Home invasions are rare at best, same for car theft. Not saying it is crime free or this is some kind of Mayberry Utopia, but it is WAY less crime laden than a lot of places in FL with the same population numbers.

[fafnir]

I asked because I retired from a law enforcement career and am entiltled
under federal law to carry a concealed weapon. I also understand, from
looking at criminal stats and the prevelance of methamphetamine in
some areas, that things up there aren't as idyllic as they once were.
If I'm going to make an investment in the economy, I want to know the
rules.

[jabogitlu]

Well, I'll leave the "halcyon days of idyllic east Tennessee" alone, as that could get us in a big argument.

Like mouse said, though hard drugs are rampant in east TN, crime isn't that big of a deal. Unless you're a crack dealer, then you'll be fine.

[fafnir]

Sorry about the inference...I'm looking to move to southern Carter County or Johnson
County and based on discussions Moderator cut: cut , there seems to be some issues with
burglaries and drugs in those areas. My apologies to the greater Tri-Cities area.

[Beretta]

Originally Posted by fafnir

I'll be heading up that way this summer to look for a home. I have a question regarding firearms laws in Tennesse. In Florida we have the
"Castle Doctrine" as follows:

The Florida "Castle Doctrine" law basically does three things:

One: It establishes, in law, the presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm, therefore a person may use any manner of force, including deadly force, against that person.

Two: It removes the "duty to retreat" if you are attacked in any place you have a right to be. You no longer have to turn your back on a criminal and try to run when attacked. Instead, you may stand your ground and fight back, meeting force with force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others. [This is an American right repeatedly recognized in Supreme Court gun cases.]

Three: It provides that persons using force authorized by law shall not be prosecuted for using such force.

It also prohibits criminals and their families from suing victims for injuring or killing the criminals who have attacked them.


Does Tennesee have a similar law on the books?

Yes, we have a similar law(s). I carry and protect my home as well. As far as not being prosecuted, it is true that the law is there but I have observed that this is a gray area in TN and depends largely on the law enforcement and DA's in place at that location. I think you would find the laws here to be to your liking. Here is a link that should help you out: Handgun Carry Permit T.C.A. Codes

[plipford]

Be very careful of any advice you give the original poster. The original poster poses two questions.

The first question about the Castle Doctrine. I would not be surprised if Tennessee has a Castle Doctrine law. The devil is in the details. If you are in your home, and someone breaks the law entering your home, you probably can use deadly force to protect human life.

If you are in your automobile, and someone tries to break into the vehicle or carjack you. I would not be surprised if you are required to drive away.

The second question, "duty to retreat". In Florida, if I am walking down the street, I have a legal right to be on the street. If anyone poses a threat to life or major physical injury to myself, then in Florida, I can use deadly force to protect myself.

Also under the "duty to retreat" in Florida, if I am walking down the street, if I see someone posing a threat to life or major physical injury to another person, then I can use deadly force to protect myself.

The phrasing "legal right to be there" means you do not have to retreat to your home.

I know the first question someone will ask. A guy is behind a bush with a knife. Can I use deadly force? The answer is no.