Is Tennessee a Stand Your Ground State? (2026)
Yes. Tennessee removes the duty to retreat anywhere a person has a right to be, but the protection is forfeited in circumstances worth reading.
The short version
- At home, do you have to back away first? No.
- Does the law assume your fear was reasonable? Yes, in the situations the statute lists.
- Away from home? In Tennessee, you can stand your ground, and it is written into the statute.
- Are you protected from being sued afterwards? Yes — the statute shields you from a lawsuit.
- Can a judge end the case before trial? Civil claims only.
Yes. Tenn. Code Ann. § 39-11-611(b)(2) removes the duty to retreat anywhere a person has a right to be. Two Tennessee-specific catches matter more than the headline: the protection is forfeited by conduct amounting to a felony or a Class A misdemeanor — broader than almost any other state — and Tennessee’s immunity statute reaches civil suits only. A criminal charge still goes to trial.
Last verified: 5 September 2026 · Source: Mirror (Justia) · Controlling authority: Tenn. Code Ann. § 39-11-611(b)(2)
| Stand-your-ground status | Statutory stand-your-ground |
|---|---|
| Duty to retreat outside the home | No |
| Where the rule applies | Any place with a right to be |
| Primary citation | Tenn. Code Ann. § 39-11-611(b)(2) |
| Presumption of reasonable fear | Yes — Tenn. Code Ann. § 39-11-611(c) |
| Civil immunity | Yes — Tenn. Code Ann. § 39-11-622(a) |
| Case can end before trial? | Civil suits only |
| Who bears the burden | Civil: defendant makes the initial showing, then the burden shifts to the plaintiff. No criminal pretrial immunity. |
| Last amended | 2021 |
What the law actually says
Tenn. Code Ann. § 39-11-611(b)(2) provides that a qualifying person “has no duty to retreat before threatening or using force”.
Tennessee’s no-retreat right is forfeited if the person is engaged in conduct that would be a felony or Class A misdemeanor — a broader disqualifier than most stand-your-ground states use. Its immunity statute is civil-only, but unusually procedural: § 39-11-622(d)–(f) requires an expedited hearing within 40 days and a mandatory award of fees, costs and lost income.
Read it yourself: Tenn. Code Ann. § 39-11-611(b)(2) (verified on a Cornell LII / Justia mirror because the official source blocks automated access).
What Tennessee gets reported wrong
Tennessee’s disqualifier is the widest in the fifty states and the one most likely to surprise. Most stand-your-ground statutes strip the protection from someone “engaged in unlawful activity” and courts read that against felonies. Tennessee’s § 39-11-611(b) reaches conduct that would constitute a felony or a Class A misdemeanor. That is a large category, and it does not require any connection to the confrontation.
The immunity statute is the other Tennessee-specific point. Section 39-11-622 is civil-only, but procedurally serious: subsection (d) lets a defendant raise immunity by responsive pleading or motion, (e) requires the hearing on an expedited basis within 40 days and stays the civil proceedings meanwhile, and (f) makes an award of fees, costs and lost income mandatory. There is no criminal counterpart.
Can a Tennessee case end before trial?
Only against a civil suit. Tenn. Code Ann. § 39-11-622(d)–(f) creates a real immunity hearing with an explicit burden allocation — Civil: defendant makes the initial showing, then the burden shifts to the plaintiff. No criminal pretrial immunity. — but a criminal charge is still tried to a jury.
Only these 11 states offer a pretrial determination at all: Alabama, Colorado, Florida, Georgia, Kansas, Kentucky, Oklahoma, South Carolina, South Dakota, Utah, Wyoming. See the full comparison, with each state’s burden and standard, in our 50-state stand-your-ground reference.
Related Tennessee references
- Castle doctrine by state — the rules that apply inside your home, all 50 states.
- Tennessee gun laws — carry, purchase and possession rules.
- Stand your ground laws by state — the full 50-state table with citations and downloadable dataset.
- Concealed carry reciprocity — where a Tennessee permit is honored.
- Firearms and 2A legal glossary.
Researched and written by James Nicholas from Tennessee’s own code. See how we verify carry-law data.
Common questions about Tennessee’s stand-your-ground law
Is Tennessee a stand your ground state?
Yes. Tennessee is a stand your ground state, and it is written into Tenn. Code Ann. § 39-11-611(b)(2). You are not required to back away before defending yourself in any place you are lawfully entitled to be.
Do I have to back away before defending myself at home in Tennessee?
No. Inside your own home, Tennessee does not ask you to back away first. That is what the castle doctrine means in practice. Tennessee sets it out in Tenn. Code Ann. § 39-11-611.
Can I stand my ground away from home in Tennessee?
Tennessee puts the rule in its statute: you may stand your ground. You are not required to retreat. This covers any place you are lawfully entitled to be.
Does Tennessee assume I was really in danger?
Yes. In the situations the statute lists, the law starts from the position that your fear of serious harm was reasonable, and it is for the prosecution to argue otherwise.
Can I still be arrested, charged or sued in Tennessee?
Yes. Self-defense is something you raise in your defense, not something that stops a case being opened in the first place.
Can a judge end it before trial? Only on the civil side. There is no pretrial protection in a criminal case.
And can you be sued? Yes. If the force was lawful, the statute shields you from being sued over it.
Where these answers come from
Every figure above was read against the statute itself rather than a summary, using a labeled mirror (Justia) rather than a state-run server. Where a state agency page and the statute disagree, the statute governs.
- Tenn. Code Ann. § 39-11-611(b)(2) — mirror, Justia
- Civil immunity: Tenn. Code Ann. § 39-11-622(a)
- Castle doctrine rule: Tenn. Code Ann. § 39-11-611
- Last amended: 2021
- Last checked by us: 5 September 2026
Worth watching: §§ 39-11-611 and 39-11-622 each amended twice in 2021. SB 859 died 3/11/2025; SB 1749 still in subcommittee as of 3/24/2026.