Judging by recent actions, members of the Memphis City Council apparently think their position is lofty enough that they don’t have to follow state law.
On July 23, council members approved several anti-gun measures that will appear on the ballot on election day in an attempt to amend the city charter. Of course, all are direct violations of the state’s firearms preemption law, which was passed by lawmakers precisely to stop local officials passing strict regulations.
As Tennessee’s preemption law specifically 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.”
Exactly what Memphis city councilors don’t understand about that clearly stated language is anybody’s guess. But they obviously know about it and chose to ignore the state law in this situation.
Question Number 1 is an end run around the state’s recently passed constitutional carry law. That measure asks voters whether or not the City of Memphis charter should be amended so that no person can legally carry, store or travel with a handgun in the city without a valid carry permit—the exact thing state law allows.
It would further amend the charter to read: “It shall be unlawful for a person to store a firearm, whether loaded or unloaded, or firearm ammunition, in a motor vehicle or boat while the person is not in the motor vehicle of boat unless the firearm or firearm ammunition is kept from ordinary observation and locked in the trunk, utility or glove box, or a locked container securely affixed to the motor vehicle or boat.” Of course, the language does not define “ordinary observation.”
Question Number 2 deals with so-called “assault weapons.” It specifically asks if the city charter should be amended to ban common semi-auto firearms, and whether the charter should outlaw the sale of such firearms.
“The citizens of Memphis hereby find and declare that the proliferation and use of assault weapons pose a threat to the health, safety, and security of all citizens of Memphis,” the question states.
The final measure—Question Number 3—would set up a process for a city red-flag law. Of course, like most such proposals it doesn’t protect the due process rights of gun owners who might suddenly find their Second Amendment rights restricted.
According to the measure’s language, if a person has such an order filed against him or her, the city would “order the respondent to provisionally surrender any firearms in his or her possession or control, and any license or permit allowing the respondent to possess or acquire a firearm, to any law enforcement officer presenting the order or to a law enforcement agency as directed by the officer or order.”
Seeing it in almost every town or city, councils made up of liberal, non working, anti-everything women and girly boys! Making rules for the peons!! And the peons are too busy raising families and working at least one job to sit on any boards or councils.
I’d like to see some of these leftists to get personally sued for violation of Constitutional rights. See how deep their pockets are.
Might be useful but going after foreign agents attempting to subvert the constitution and legal authority of the states may be more efficient.
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Technically, they haven’t. They have made a ballot proposal, not passed a law or ordinance. It will go into effect only if passed by the voters. You can’t sue any of them for violation of constitutional rights,
If we have laws against murder and attempted murder, we should have laws against violation and attempted violation of constitutional rights. Felonies, of course.
Commies gonna commie, at least the state in question is likely to squash that nonsense quickly.
So let me get this straight. The Memphis elected officials take an oath to uphold the Constitution of the US and the State of TN BUT they choose to ignore that oath. Right? Isn’t that the definition of treason?
Yes, yes, and only if someone forces the issue and they lose.
Treason means to take up arms against the existing government, specifically, the crime of betraying one’s country, especially by attempting to kill the sovereign or overthrow the government. Their actions are without a doubt totally illegal but does not rise to the level of treason.
Julius and Ethel Rosenberg would beg to differ.
Disregard missed the betrayal part of your comment. With that said we will see how low that bar gets soon enough.
No. Treason is betraying one’s country, such as aiding and abetting a hostile foreign power or promoting overthrow of the government. Calling almost everything that offends the constitution or laws “treason” cheapens the use of the term to describe actual treason.
Perhaps sedition would be a better word choice.
This is America and we are free men and woman here. Anybody that allows their rights to be infringed have only got themselves to blame.
Drove south from Memphis toward Clarksdale – trashiest road I have ever been on. Linear landfill, and not just on the ROW, but adjoining properties as well. Got to the MS/TN line, and instantly all the trash disappeared. You could literally straddle the line, one foot in Tennessee trash, and the other in Mississippi spotless…
Advantage, Mississippi!
Haven’t been around Memphis for the better part of 20 years and it sounds like it hasn’t changed much. Shame it gives the rest of Tennessee a bad name (well until enough liberals move in to Nashville anyway).
The Soros think tank is financing and providing pro-bono legal services to these city level council.members in an attempt to find a crack for anti-gun laws.
Will it work? Always does until tons of money and time is spent to get them to court.
How do you spell Memphis………….New Orleans!
Seems that you misspelled St. Louis… twice.
Still not getting Philadelphia quite right.
ya ya ya…California.
“Preemption” works in comments too guys.
Well guys, that was good for a chuckle. Or a few tears maybe…
Haven’t you heard, leftists don’t need to follow laws, that’s for you peons.
ALL preemption laws need sharp teeth like Florida has.
Sue the individual legislators responsible for violating it. Take their homes. Take their retirement funds. Wave to them at the front door of Walmart until they are 90 years old.
These council members should be found guilty of wasting taxpayer money. If it is in direct violation of a state law that prohibits such actions, why should the taxpayers pay for the questions to be posed on a ballot? It would then have to be sued if passed, causing the use of more taxpayer dollars to invalidate an invalid law. Make them pay for every nickel they cost the city, county and state as such. See how many try this bs then.
My sister lives in Southaven Ms. Its located at the state line with Tennessee at Memphis. You can literally straddle the state line, and one foot will be in Southaven Ms and the other in Memphis Tn. Its also the difference between the metaphorical ‘night and day’.
The second you cross the state line from Southaven into Memphis you are in an almost immediate danger of being robbed or beaten or killed by black gangs or criminals. Where in Southaven, Southaven residents are more likely to shoot them and the police are all over them, if they try that stuff in Southaven. However, that doesn’t keep some of them from trying and occasionally they do, and they end up paying for it most times with either being shot or caught by the Southaven PD – but, many gang members in Memphis have said they don’t do their violent crimes in Southaven for those very reasons, however, there are the more stupid ones that do occasionally try.
Southaven also has a large number of Memphis residents that go there for their shopping and medical care and restaurants and a little bit of everything. Because it is safer in Souithaven because in Memphis the black gang members are always roaming around seeking prey and they like preying on people in parking lots which is where people mostly are when they go for shopping and medical care and restaurants and a little bit of everything.
My sister has spoken to many of these Memphis residents over time, a recurring theme from all of them, especially the elderly, of all races, is “We come to Southaven to do our shopping…” (or whatever) “…because its safer here. Up in Memphis they …” (the ‘they’ is in reference to the criminals in Memphis) “… kill you or beat you if they catch you out doing something. Here ya’ll shoot them or the police actually stop them. Its a lot safer here in Southaven to get what we need.”
Some Memphis residents, every year, lie some and get their kids registered for the Desoto County schools in Southaven by saying they are Desoto county residents and they give addresses of relatives or friends who may live in Desoto county. My sister tells me that if you watch the license plates of the cars that drop off or pick up kids at the beginning or end of the school day you see a lot of Tennesse plates from Shelby county where Memphis is located. Of course when they get found out the kids are expelled, but rarely are the parents prosecuted. But the recurring theme reason they give for doing it is that the schools in Memphis are so dangerous, everyday there are violent incidents.
One elderly black lady, in reference to the violent gangs and criminals in Memphis, more recently told my sister “We made a mistake in Memphis years ago. Most of the black folks started voting for democrats and the rest of the black folks didn’t talk them out of doing it.”
What states pass a preemption law they need to include felony criminal penalties that will be prosecuted by the state’s attorney general’s office for any attempts at violating it.
When not what. We really need an edit feature for these post.
Cincinnati and Cleveland separately tried to avoid Ohio’s pre-emption law. The Ohio Supreme Court slapped them down hard, both times.
Cleveland has tried twice, and lost both times. Other municipalities have tried also, and lost. Ohio’s preemption law allows for lawsuits and financial damages, so the wannabe gun banning city councils don’t test it very often.
A former housemate of mine, (over 45 years ago,) referred to it as ‘Mucus, Tennis-shoe.’
It hasn’t gotten any better.