Full Breakdown
Tennessee House and Senate Pass New Bill Allowing Lethal Force to Protect Property
4/25/2026, 10:21:14 AM
Legislative Action: Passage of HB 1802 and SB 1847
The Tennessee House and Senate approved bills authorizing lethal force to protect property. HB 1802 passed the House on April 23; SB 1847 cleared the Senate on April 21, both with Republican majorities and Democratic opposition. The measures become law if Governor Bill Lee signs them.
Context: Existing Tennessee Law and Expanded Scope
Current Tennessee law permits force only when personal safety is threatened. The new bills expand that scope, allowing deadly force against trespass, arson, property damage—including livestock—burglary, theft, robbery, or aggravated cruelty to animals, as defined in the legislation.
Key Proponents and Opponents
- Rep. Kip Capley (R-Cumberland) – House sponsor of HB 1802, argued the bill protects law-abiding citizens.
- Gov. Bill Lee (R) – Must sign for the measures to become law.
- Democratic legislators – Opposed, citing the shift from existing legal standards.
- Republican majority – Provided the votes for passage.
Legislative Timeline
Statutory Provisions and Limitations
The law authorizes deadly force to prevent or stop attempted or actual trespass, arson, property damage (including livestock), burglary, theft, robbery, or aggravated cruelty to animals. It bars lethal force when the perpetrator has his back turned to the owner.
Official Statements & Responses
Rep. Capley framed the bill as a choice between trusting citizens or “side[ing] with the criminals that prey upon them,” noting that current law forces owners to “wait, hesitate, and second-guess” when confronting property crimes. No recorded response from Governor Lee is noted.
Criticism & Opposition
Democratic legislators opposed the bills.
Impact of the New Property-Defense Law
If Governor Lee signs, the legislation will permit property owners to use deadly force to prevent or stop a range of property crimes, altering the current requirement that owners wait before responding. The law also includes a specific limitation that lethal force cannot be used if the perpetrator has his back to the owner.
Verbatim Quotes
- “Kip Capley (R), said, “Do we trust law-abiding citizens or do we side with the criminals that prey upon them?” — Rep. Kip Capley, R, State Representative
- “property owners will be allowed to use deadly force to prevent someone from attempted or actual trespass, arson, damage to property, including damage to livestock, burglary, theft, robbery, or aggravated cruelty to animals.” — WSMV
- “Do we trust law-abiding citizens or do we side with the criminals that prey upon them? Because 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. You’re expected to hesitate. You’re expected to second-guess and take a calculated look at defending what’s yours. HB 1802 simply says, ‘If someone is destroying your property, that you can use lethal force to protect it.'” — HB 1802 (bill text)
