Clarification for "Protection of Property"

[Guest WillJitsu]

39-11-614. Protection of property. —

(a) A person in lawful possession of real or personal property is justified in threatening or using force against another, when and to the degree it is reasonably believed the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

( A person who has been unlawfully dispossessed of real or personal property is justified in threatening or using force against the other, when and to the degree it is reasonably believed the force is immediately necessary to reenter the land or recover the property, if the person threatens or uses the force immediately or in fresh pursuit after the dispossession:

(1) The person reasonably believes the other had no claim of right when the other dispossessed the person; and

(2) The other accomplished the dispossession by threatening or using force against the person.

© A person is not justified in using deadly force to prevent or terminate the other's trespass on real estate or unlawful interference with personal property.

[Acts 1989, ch. 591, § 1.]

Does this mean that I could use my handgun to threaten someone that is trespassing on my land to force them to leave as long as I don't kill them with it?

[Punisher84]

Does this mean that I could use my handgun to threaten someone that is trespassing on my land to force them to leave as long as I don't kill them with it?

Ehh...kinda sorta. It basically means you could pull them out of your car and hold them for the cops and maybe deck them once or twice to control them.

I'm not 100% sure if you just pull the gun, but don't shoot, but pulling a gun would be threatening deadly force... I'm sure Fallguy or someone will chime in.

[Guest WillJitsu]

Yeah that's what I'm wondering. Part © says you aren't justified in "using" deadly force, but I'm not sure about "threatening" with deadly force.

The reason I'm asking is my parents own a farm and have horses there. They are there a lot and from time to time some strange people just drive up the driveway and get out and start asking irrelevant questions and you can tell they don't need to be there. I just don't know if it's legal to draw the gun to get them to leave if for some reason things escalate to that point. Hopefully they would leave when asked, but you never know.

[Farman]

My house is 650' off the road and over a small hill. It can't be seen from the street in the summer and just bearly in the winter. I still have had uninvited visitors drive up to the house. I grab my OWB and meet them before the can get to the door. I am pleasant, but I want them to know I will defended my family and property. I don't think the display is threatening deadly force without verbalizing such. Just my opinion.

[Guest bkelm18]

Nothing says "Get the f*ck off my property" in a non-threatening manner like a very visible gun on the hip.

[Guest c_o_jones]

Nothing says "Get the f*ck off my property" in a non-threatening manner like a very visible gun on the hip.

I want triple mini guns mounted on the back of a (Kawasaki) Mule...

[Fallguy]

Nothing says "Get the f*ck off my property" in a non-threatening manner like a very visible gun on the hip.

+1

I have thought about this before and I agree while the wording says you can't use deadly force it doesn't' say you can't threaten it.

However I think it is probably best that you just let them see the firearm, not point it at them. It is your property you can carry a handgun or long gun without any permits or anything. If you hear a noise I don't think it would be a problem arming yourself before checking out the noise.

[Fadex]

I was always taught not to pull a weapon unless I intended on using it. I'll go with Farmans approach.

[Guest Guntrainer]

"39-11-614. Protection of property. —

(a) A person in lawful possession of real or personal property is justified in threatening or using force against another, when and to the degree it is reasonably believed the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

( A person who has been unlawfully dispossessed of real or personal property is justified in threatening or using force against the other, when and to the degree it is reasonably believed the force is immediately necessary to reenter the land or recover the property, if the person threatens or uses the force immediately or in fresh pursuit after the dispossession:

(1) The person reasonably believes the other had no claim of right when the other dispossessed the person; and

(2) The other accomplished the dispossession by threatening or using force against the person.

© A person is not justified in using deadly force to prevent or terminate the other's trespass on real estate or unlawful interference with personal property"

This is the statute.

One should know that Lethal Force is never justified to protect real or personal property.

INSURANCE protects real and personal property.

39-13-101. Assault. —

(a) A person commits assault who:

(1) Intentionally, knowingly or recklessly causes bodily injury to another;

(2)Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or

39-13-102. Aggravated assault. —

(a) A person commits aggravated assault who:

(1) Intentionally or knowingly commits an assault as defined in § 39-13-101 and:

(A) Causes serious bodily injury to another; or

" ( Uses or displays a deadly weapon; or

Using or displaying a weapon is Aggravated Assault. Allowing an offender to observe a holstered sidearm would not be Ag Assault, as it is legal to openly carry a sidearm in Tenn. However, threatening to use the legally carried firearm would be Ag Assault under 39-13-102 (a) (2) and 39-13-102 (a) (1) (.

39-11-616. Use of device to protect property. —

(a) The justification afforded by §§ 39-11-614 and 39-11-615 extends to the use of a device for the purpose of protecting property, only if:

(1) The device is not designed to cause or known to create a substantial risk of causing death or serious bodily harm;

(2) The use of the particular device to protect the property from entry or trespass is reasonable under the circumstances as the person believes them to be; and

(3) The device is one customarily used for such a purpose, or reasonable care is taken to make known to probable intruders the fact that it is used.

( Nothing in this section shall affect the law regarding the use of animals to protect property or persons."

For those stubborn souls who would brandish or threaten use of a firearm to protect property, whether personal or real, here is the definitive statute.

I have extensive experience in teaching Tennessee's Assault and Ag Assault laws to Private Protective Security, who have the same basic rights and powers as a Private Citizen.

[Guest WillJitsu]

Thanks for the info Guntrainer! It definitely cleared a lot up for me. Basically I just need to keep the firearm holstered unless I am in fear of my life.

[tnvols]

Nothing says "Get the f*ck off my property" in a non-threatening manner like a very visible gun on the hip.

+1.. exactly, random people knocking on my door (when i use to live at in the city) at 2am get to meet a gun in the face.