Tennessee Code Annotated
Tenn. Code Ann. § 39-17-1322 (2026)
Defenses
✓ current as of May 2026
- (a) 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.
- (b) A person who discharges a firearm within the geographical limits of a municipality shall not be deemed to have violated any ordinance in effect or be subject to any citation or fine the municipality may impose for discharging a firearm within the limits of the municipality if it is determined that when the firearm was discharged the person was acting in justifiable self-defense, defense of property, defense of another, or to prevent a criminal offense from occurring.
Amended by 2018 Tenn. Acts, ch. 599,s 1, eff. 3/23/2018.
Acts 1994, ch. 943, § 1.
Notes of Decisions
Cited in 80
cases (41 in the last 5 years), 2007–2026 · leading case: State of Tennessee v. John Henry Pruitt, 510 S.W.3d 398 (Tenn. 2016).
State of Tennessee v. John Henry Pruitt, 510 S.W.3d 398 (Tenn. 2016). “Pursuant to Tennessee Code Annotated section 39—11—611(b) (2009), (b)(1) Notwithstanding § 39-17-1322, a person who is not engaged in unlawful activity and is in a place where the person has a right to be has no duty to retreat before threatening or using force against another…”
State of Tennessee v. Antoine Perrier (Tenn. Crim. App. 2016). “April 10, 2008) (concluding that the trial court usurped the role of the jury as fact-finder when it dismissed the indictment for possession of a weapon on school grounds after finding that the defendant acted in justifiable self-defense pursuant to Code section 39-17-1322),…”
State of Tennessee v. Eddie Smith (Tenn. Crim. App. 2020). “As relevant to this case, Tennessee Code Annotated section 39-11-611(b)(2) provides: - 20 - Notwithstanding § 39-17-1322, a person who is not engaged in unlawful activity and is in a place where the person has a right to be has no duty to retreat before threatening or using…”
State of Tennessee v. Tracey C. Clark (Tenn. Crim. App. 2008). “Therefore, the defense set forth in TCA § 39-17-1322, is certainly applicable and apparent.”
State of Tennessee v. Deanty Montgomery (Tenn. Crim. App. 2015). “According to the Defendant, Tennessee Code Annotated section 39-17-1322 bars his prosecution for unlawful possession of a weapon because he employed a handgun in justifiable self- defense, and moreover, the drug sale should have been viewed as completed two days prior to the…”
State of Tennessee v. Michael Taylor (Tenn. Crim. App. 2024). “At the time of the offenses in this case, Tennessee Code Annotated section 39-11- 611(b), which outlines self-defense, provided the following: (1) Notwithstanding § 39-17-1322,1 a person who is not engaged in unlawful activity and is in a place where the person has a right to be…”
State of Tennessee v. D'tearius Carvell S. (Tenn. Crim. App. 2025). “Pursuant to Tennessee Code Annotated section 39-11-611(b), (1) Notwithstanding § 39-17-1322, a person who is not engaged in conduct that would constitute a felony or Class A misdemeanor and is in a place where the person has a right to be has no duty to retreat before…”
State of Tennessee v. Travis Tate (Tenn. Crim. App. 2016). “With regard to self-defense, Tennessee Code Annotated section 39-11- 611(b)(2) provides: Notwithstanding § 39-17-1322, a person who is not engaged in unlawful activity and is in a place where the person has a right to be has no duty to retreat before threatening or using force…”
State of Tennessee v. Antonio Benson (Tenn. 2020). “Tennessee Code Annotated section 39- 11-611(b) provides the statutory basis for this defense: (b)(1) Notwithstanding § 39-17-1322,3 a person who is not engaged in unlawful activity and is in a place where the person has a right to be has no duty to retreat before threatening or…”
State of Tennessee v. Lajuan Harbison (Tenn. Crim. App. 2016). “” As to the Defendant‟s claim that the evidence is insufficient to show that he committed these crimes because he was acting in self-defense, Tennessee Code Annotated section 39-11-611(b) states, (1) Notwithstanding § 39-17-1322, a person who is not engaged in unlawful activity…”
State of Tennessee v. Gregory Tyrone Dotson (Tenn. Crim. App. 2019). “Tennessee Code Annotated section 39-11-611(b) governs claims of self-defense and provides: (1) Notwithstanding § 39-17-1322,2 a person who is not engaged in unlawful activity and is in a place where the person has a right to be has no duty to retreat before threatening or using…”
State of Tennessee v. Matthew Cole Welch (Tenn. Ct. App. 2025). “Tennessee’s self-defense statute provides that (1)Notwithstanding § 39-17-1322,1 a person who is not engaged in unlawful activity and is in a place where the person has a right to be has no duty to retreat before threatening or using force against another person when and to the…”
— Tenn. Code Ann. § 39-17-1322(a) — 1 case
State of Tennessee v. Eddie Smith (Tenn. Crim. App. 2020). “As relevant to this case, Tennessee Code Annotated section 39-11-611(b)(2) provides: - 20 - Notwithstanding § 39-17-1322, a person who is not engaged in unlawful activity and is in a place where the person has a right to be has no duty to retreat before threatening or using…”
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