Tennessee lawmakers pass bill allowing deadly force to defend property

NASHVILLE, Tenn. (WKRN) — In Tennessee, a stolen item could soon cost someone their life under a bill that’s now headed to the governor’s desk.

The legislation, sponsored by Rep. Kip Capley (R-Summertown) and Sen. Joey Hensley (R-Hohenwald) would allow people to use deadly force to protect their property if they believed they had no other option and there was a serious threat to human safety.

“Right now under current law, if someone is breaking into your property, if they’re stealing from you, if they’re destroying what you’ve worked your entire life to build, you’re expected to wait,” Capley said. “You’re expected to hesitate. You’re expected to second-guess and take a calculated risk at defending what’s yours.”

Democrats pushed back on the legislation.

“The reason we were taught you don’t kill people over property is because they are not putting at risk an innocent human life,” Rep. Justin Pearson (D-Memphis) said. “What this legislation seems to be doing is lowering that threshold significantly and substantially, and the department is going to have to reteach in future classes for those who get their lifetime permit that you can now kill people over property, and I don’t think that is right.”

Even some Republicans expressed their concerns. Rep. Greg Martin (R-Hixson) told lawmakers on the House floor he was worried the bill could justify someone shooting an older person with dementia who unknowingly was in the wrong place just because the person believed they were going to act nefariously.

“The Good Book says that it’s an eye for an eye and tooth for a tooth, and what that really is given to humanity for is to restrain us from going after someone in a greater way than they have harmed us,” Martin said. “My concern is, Rep. Capley, what I’m hearing you say is that if someone is stealing from you — not harming you in the sense that they’re going to kill you — but if they’re stealing from you or your property or maybe they’re in the wrong place at the wrong time, then you could do something more than an eye for an eye or a tooth for a tooth.”

However, Capley defended his legislation and argued someone shouldn’t have to stand idly by while a criminal steals their life’s work.

“[If someone] was burning down your barn and you’ve only got insurance on $250,000 worth of equipment, but I’ve spent 20 years of my life building $5 million worth of whatever, if I don’t stop him and I shoot him right now, then it’s going to be on me,” Capley said. “It’s going to be on my family. I’m going to have to defend myself because a criminal came on my property and burned down my stuff. That’s not right.”

Before House lawmakers could vote on the bill, debate got personal.

“I think the people of your district deserve better, and I hope you will be very serious in considering legislation like this, and you can laugh all you want, but I can see your answers are nonexistent just like your hairline,” Rep. Justin Jones (D-Nashville) said, before lawmakers cast an official vote ruling him out of order for breaking House rules.

The bill passed along party lines in both the House and Senate.