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The Tennessee Conservative [By Olivia Lupia] –
A piece of legislation proposed by Representative Kip Capley (R-Dist. 71-Summertown) and Senator Joey Hensley (R-Dist. 28-Hohenwald) appears to protect Tennesseans who express their Second Amendment rights by redefining what constitutes “deadly force” and its applications.
HB0856/SB1407 would “lower the standard for the use of deadly force to protect property” by deleting a subsection in Tennessee Code that does not allow the use of deadly force to “terminate” trespass or “unlawful interference with personal property.”
It would be replaced by verbiage that would justify deadly force if a person, “reasonably believes deadly force is immediately necessary to prevent or terminate the other’s actual or attempted trespass; arson; damage to property; burglary; theft; robbery; or aggravated cruelty to animals, serious bodily injury, or death to animals or livestock.”
Deadly force would also be deemed justified if, “The person reasonably believes: (A) The property cannot be protected or the other’s actions terminated by any other means; or (B) The use of force other than deadly force to protect or terminate the other’s actions would expose the person or a third person to a risk of death or serious bodily injury.”
The bill would also completely delete one subsection that defines “deadly force” as, “force that is intended or known by the defendant to cause or, in the manner of its use or intended use, is capable of causing death or serious bodily injury,” while adding, “does not include the display of a weapon, the brandishing of a weapon, or the use of force in circumstances that do not result in death or serious bodily injury,” to the definition in a different section.
This revision would ensure citizens cannot be charged with deadly force for simply displaying or brandishing a weapon in defense of their property.
Another change would affect a person’s ability to use a “device” in protecting property by substituting more specific language for the verbiage that currently only states a person may be justified in use of a device only if it does not create, “substantial risk of causing death or serious bodily harm.”
Under the new bill, the section would instead read, “substantial probability of causing a substantial risk of death, protracted unconsciousness, or extreme physical pain.”
Since its filing on 2/4, the bill has picked up 13 additional other co-prime sponsors in the House including several known conservative champions like Reps. Monty Fritts and Chris Todd.
It has passed the House on first consideration and been filed for introduction in the Senate.
Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
