Fallguy

I agree that there doesn't seem to be a limitation on threating deadly force. But I think a lot of this all depends on different situations and locations. One whether you are on your property or have chased the thief off your property. Also whether you are preventing a theft from occurring or attempting to recover items immediately after their theft. I think you will have greater leeway...or at least will be looked upon in a more favorable light, if you are still on your own property and attempting to hold someone there than after a person has ran off and you have chased them down. 39-11-614( covers the use and threat of force (deadly or otherwise) on recovering property. It fairly clearly says, you must be in fresh pursuit (not see the guy with it 2 days later), you must believe the other person has no claim to the property and the other person threatened or used force against you to steal the property. IMO all 3 aspects have to apply for you to use or threaten force to recover property. The first 2 are almost always going to apply if you saw someone steal your property and you have chased them, but the part in 39-11-614((2) would not apply if just looked out your window and saw someone steal your property.

Punisher84 I tend to agree on the not being charged or convicted in the scenario, but the fact it appears to technically still be against the law bothers me. But I have to slightly disagree with you on the criminal and self-defense...even though he is committing a crime he can still claim self-defense, he just doesn't have the luxuries of standing his ground or any presumption of fear of death or serious bodily harm. But again I don't think your tackling him would rise to the level of a reasonable fear of death or serious bodily harm on his part. I also think unless you did actually draw on him and fire, he would have a very, very, very tough case to claim self-defense, although he could try of course.

Got ya...and if you can get such a statement from the DA I agree that would be good. Hopefully something will be coming down on a state level soon though. PETA = People Eat The Animials....

If I'm going to draw/use a firearm my intent is going to be use deadly force to stop the threat. If I was going to consider using less-lethal force, I would probably have it in a separate weapon. That way I could make a choice of which to use at the time and be ready to go on the first shot with either option. But for me...I will stick with normal ammo for self and home defense.

True, but they didn't run and he and they were still on his property. The question is...what if they ran? He couldn't have legally shot them.....if had chassed them......who knows....

One thing to note though, the new park law says a city only has to pass a resolution against park carry, not an ordnance. As I understand things resolutions are much easier to propose and pass than ordinances...for one reason, because they don't require multiple readings. However if the city proposed it as an ordnance, then it would have to follow their rules for an ordnance. On loaded long guns in a car in a park......they would still be illegal despite HB0390 because the park carry law only makes an exception for those with a HCP for handguns. Otherwise firearms are still in general illegal in a park. It is sort of like the restaurant carry law that makes an exception for HCP holders, but only in restaurants, not all places that serve alcohol. So the exception in the park carry law is only for handguns by those with a HCP, not all guns.

I will say after a bit further review the law on recovering property that you witness someone taking is a bit different than I thought. It does appear if you look out your window and see someone taking something, you just about have to let them run off with it. Sad...sad....sad.... Even though as has been said, you might go the citizens arrest route, the law seems to be a little in conflict on the use of force for a citizens arrest and the use of force for as described in 39-11-614( It would appear that even if you were making a citizens arrest a DA could say you were using force to recover property, which is a no no unless the thief used or threatened force against you to steal your property.. Guess clearing that discrepancy was missed on the amendment to 39-11-614 earlier this year.

Why in the world do y'all keep talking about a threat?!? There doesn't have to be any threat to you for you to use force to protect property you can use force to recover it, if they used force to take it. You just can't use deadly force, don't think tackling someone would be considered deadly force.

Not in my opinion. ...and if a guy ever stills my stuff and I chase him down and tackle him, guess we'll find out the legal systems opinion, because I'll be damned if I'm just going to watch someone run off with my property. Now if he has dropped my property and is running away empty handed, that might be a different situation.

No direct or indirect source for my non-legal opinion, but I greatly disagree, the thief initiated the confrontation by taking my property. The law says you can use reasonable force to get it back. Any reasonable force I use is just a continuation of the confrontation he started by thieving my property.

I think where you posted it was ok and it has already got several replies. We generally don't like to have two threads started on the same subject, so I am going to close this one. If you want the original thread moved to this forum, just PM me.

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I think if it is a navigable water way and/or waters where the TWRA has authority it is legal. I am not familiar with Camp Jordan, if it there is a pond/lake that is entirely within the park, then I believe carry would be prohibited. Here is a list of previous threads on carry in a boat. http://www.tngunowners.com/forums/handgun-carry-self-defense/8209-carry-tva-lake.html http://www.tngunowners.com/forums/handgun-carry-self-defense/23654-corps-engineers-property.html http://www.tngunowners.com/forums/handgun-carry-self-defense/19001-carrying-while-canoeing.html http://www.tngunowners.com/forums/general-off-topic/13305-question-about-coast-guard-boarding-vessels.html http://www.tngunowners.com/forums/handgun-carry-self-defense/9713-carry-mississippi-river.html

True, but advoding a ticket/arrest by a TWRA officer in the first place is not a bad idea either.

I guess they did bring it back up, huh? It was reported at one time they were going to allow carry because when the issue was brought up there was no second. But at that time some wondered if it could be brought back up again since there was no actual vote. Guns Will Be Allowed in East Ridge Parks - WRCB Channel 3 Chattanooga News, Weather | Now I know in the state legislature a motion dies for lack of a second, it can not be reconsidered. Wonder how/why/if it is different for a city council. Wonder how it went from not even getting a second to passing unanimously?

Name: All City Parks City: Shelbyville Results of Vote: Carry prohibited Shelbyville Times-Gazette: Story: BREAKING: City says no to guns, garbage fees

Sounds good enough to me...

Hmmmm...wonder why NASA uses warter to muffle the sound of rocket launches then? See the T-00M16S mark Space Shuttle Launch Countdown NASA - Sound Suppression Test Unleashes a Flood

Me personally, when I talk about or hear others talking about preventing crime by carrying, I just think about it meaning the person that is armed preventing a crime from occuring to them or their family, not necessarly preventing crimes from occuring to others.

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It is on their website. Tennessee Wildlife Resources Agency - Upcoming Events August 20-21, 2009 (Thursday & Friday) Paris Landing State Park Inn 400 Lodge Road Buchanon, TN 38222 1-800-250-8614, 731-641-4465