Contradictory Laws

[chipperi]

I was researching TNs Castle Doctrine and found this under Defenses

39-11-605. Civil remedies unaffected. —

The fact that conduct is justified under this part does not abolish or impair any remedy for the conduct that is or may be available in a civil suit.

[Acts 1989, ch. 591, § 1.]

Ok now if you look up the laws pertaining to HCP and self defense you get this

39-17-1322. Defenses. —

A person shall not be charged with or convicted of a violation under this part if the person possessed, displayed or employed a handgun in justifiable self-defense or in justifiable defense of another during the commission of a crime in which that person or the other person defended was a victim.

[Acts 1994, ch. 943, § 1.]

Seems to me the old 1989 law needs updating. One says we can be sued the other says we can't

[JeffL]

The second one you quoted has to do with criminal charges.

[Dropkick Murphy]

I think one law refers to criminals not being able to sue you if you are justified in defending you, your family, and your home, while the other refers to you accidentally killing or hurting an innocent 3rd party while defending your home.

Example, you are shooting at a bad guy in your home and a round strikes a sleeping neighbor.

What the hell do I know though.

[Guest cowboy20th]

The one is older than the other one right? Then the newer one would be the new part to the old law and would make it what the courts go by. I can't remember exactly but I believe Tennessee added the liability part after they passed the castle law, since at the time no one was being sued by criminals, then criminals started filing civil suits. So your second one is what the current law is.

If that is not the case then the only thing that I can think of is the first part has to do with aggravated conduct, such as someone breaks into your house to steal your toaster and you chop them into square inch pieces using a ruler and a butter knife. then you could be sued. I guess.

[DaveTN]

One says we can be sued the other says we can't

You can always be sued. If the court determines that you were justified in using force against the person that is suing you; the court can order them to pay your costs. Good luck collecting that.

But even if you are justified in using deadly force you are never released from liability for injury to an innocent bystander. (Either criminally or civilly.)

[Punisher84]

2 completely different statutes. 39-17-1322 deals with criminal charges. It basically says "if you are breaking a gun law, but you use your gun in self-defense, then you have a legal defense to to carrying illegally"

The first one I imagine would be overruled by the new law that says if you are not criminally liable, then you are liable in a civil suit, but as Dave pointed out you will always be held liable for hitting an innocent and you can always be sued.

[JayC]

The one is older than the other one right? Then the newer one would be the new part to the old law and would make it what the courts go by. I can't remember exactly but I believe Tennessee added the liability part after they passed the castle law, since at the time no one was being sued by criminals, then criminals started filing civil suits. So your second one is what the current law is.

If that is not the case then the only thing that I can think of is the first part has to do with aggravated conduct, such as someone breaks into your house to steal your toaster and you chop them into square inch pieces using a ruler and a butter knife. then you could be sued. I guess.

That would be a negative the way TN law works... They are in two different sections and no clue how the courts would go about interpreting those statues.

A perfect example of this is the can't carry in parks AG letter, the part blocking carry didn't mention handguns, was passed before HCP carry, yet the AG still interpreted the law to not allow carry in parks because that was a separate section of the law. (And most here believe a judge would probably do the same).

Point being is that if 2 sections of the law contradict which is old is not automatically thrown out.

[Guest clsutton21]

It's like I was told in my HCP class. You can always be sued, no matter what. If you shoot someone and get cleared on criminal charges...the family of the criminal can always file a civil suit saying that you took away his rights to "life, liberty, and the pursuit of happiness."