13TH DISTRICT DA ISSUES URGENT CLARIFICATION ON TENNESSEE’S NEW DEADLY FORCE LAW
13th Judicial District Attorney General Bryant C. Dunaway issued an urgent public clarification today regarding Public Chapter 1100, a newly passed Tennessee law set to take effect on July 1, 2026.
Dunaway expressed deep concern over inaccurate media reports that could lead citizens to dangerously misunderstand when they can lawfully threaten or use deadly force to protect their property.
According to Dunaway, his office has been flooded with inquiries from concerned citizens following a wave of misleading news coverage. The new legislation primarily amends Tennessee Code Annotated § 39-11-614, which governs the “Protection of Property.”
While the current law only permits the use of non-deadly force to protect property, Public Chapter 1100 expands this to allow the threat or use of deadly force—but only under incredibly strict, specific conditions.
“My concern is that the general public will rely on the inaccurate media descriptions being disseminated and misunderstand when deadly force can lawfully be threatened or used in Tennessee,” Dunaway stated.
To lawfully threaten or use deadly force under the new law, a person must not be engaged in a felony or Class A misdemeanor, must be in a place where they lawfully reside, and must reasonably believe the action is immediately necessary to stop a trespass, property interference, or to recover property in “fresh pursuit.”
Additionally, the individual must believe deadly force is immediately necessary to prevent:
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Arson
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Burglary
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Robbery or Aggravated Robbery
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Aggravated cruelty to animals
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The loss of property that cannot be protected by any other means
District Attorney Dunaway emphasized that the most crucial element of the new law is being overlooked in media reports. Under Public Chapter 1100, property protection alone is not enough to justify taking a life.
For the threat or use of deadly force to be considered lawful, there must be an imminent, immediate danger of death, serious bodily injury, or grave sexual abuse to the defender or a third party.
“Under the new law, the existence of an imminent risk of death, serious bodily injury or grave sexual abuse to a person MUST be present anytime deadly force is threatened or used,” Dunaway clarified, “even if the force is being used to protect property.”
