Protection From Prosecution

Various sections of TCA Title 39 address when you would and would not be protected from prosecution.

• Section 39-17-1322: You will not be charged with or convicted of a violation under TCA if, during the commission of a crime by another person, you possessed, displayed, or used a handgun:
  • In justifiable self-defense when you were the victim or…
  • In justifiable defense of another person when the person you were defending was a victim.
• Section 39-11-604: Even if you are justified in threatening or using deadly force against another person, you are not protected from prosecution for harming an innocent bystander who is recklessly injured or killed by your use of deadly force.
• Section 39-11-622: If you are justified in using force under Sections 39-11-611 through 39-11-614, you are immune from civil liability for the use of such force unless:
  • You used force against a law enforcement officer who was performing the officer’s duties and the officer was identified as an officer or you knew or reasonably should have known the person was a law enforcement officer or…
  • The force you used resulted in property damage or in the death or injury of an innocent bystander or another person against whom your use of force was not justified.