We reported back in late July how Memphis city officials were making an end-run around Tennessee’s firearms preemption law by trying to put a three-part gun control question on the November ballot. Despite the secretary of state’s warning that the questions violated state law, a judge ruled in September that the questions could appear on the ballot.
Fast-forward to election day, and according to a report at tennesseelookout.com, Memphis voters approved the ballot measure, which prohibits carrying a handgun without a permit, bans so-called “assault weapons” and institutes a city “red-flag” law.
In fact, the new ordinance violates more than one state law. Tennessee’s firearms preemption law states: “The general assembly preempts the whole field of the regulation of firearms, ammunition, or components of firearms or ammunition, or combinations thereof including, but not limited to, the use, purchase, transfer, taxation, manufacture, ownership, possession, carrying, sale, acquisition, gift, devise, licensing, registration, storage, and transportation thereof, to the exclusion of all county, city, town, municipality, or metropolitan government law, ordinances, resolutions, enactments or regulation.”
The law further states: “No county, city, town, municipality, or metropolitan government nor any local agency, department, or official shall occupy any part of the field regulation of firearms, ammunition or components of firearms or ammunition, or combinations thereof.”
Additionally, the state passed constitutional, or “permitless,” carry legislation back in 2021 that recognizes the constitutional rights of law-abiding gun owners to carry a firearm without having to wade through government red tape and pay a fee to do so. The law took effect July 31, 2021, and the ballot initiative also flouts that provision.
In signing the measure that made Tennessee the 20th constitutional carry state, Gov. Bill Lee said state residents—including those in Memphis, one would assume—would be free of permitting requirements to exercise their rights
“Constitutional carry ensures a barrier-free commitment to Second Amendment rights and is core to a strong public safety agenda,” Gov. Lee said at the bill’s signing. “Tennessee finally joins 19 other states in siding with law-abiding, responsible gun owners, and I commend both the NRA and members of the General Assembly for making it happen.”
Because the question appeared on the ballot and was approved, city leaders face a possible cut in funding from lawmakers who had said they’d retaliate financially if the questions appeared on the ballot. Republican leaders in the Tennessee Legislature said in late August that they would withhold funding from Memphis if leaders decided to continue with the effort. The city received $78 million from that source in the most recent budget year.
“The Legislature will not tolerate any attempts to go rogue and perform political sideshows,” House Speaker Cameron Sexton said at the time. “With the recent actions of the progressive, soft-on-crime DA in Shelby County and the Memphis City Council’s continued efforts to override state law with local measures, we feel it has become necessary to take action and protect all Tennesseans’ rights and liberties. We hope they will change course immediately.”
For now, Memphis residents won’t have to worry about the newly approved law. City officials say the ordinance will only take effect if the state preemption law is changed, which is not likely at this point.
