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.
This should be fun to watch.
They’re virtue signalling about removing defense tools in one of the most violent areas of the country. Why aren’t they focused on lowering crime? Even California stepped back from the edge a bit in this last election.
The 2020 and 2022 elections had to happen the way they did so people could see just how terrible modern Democrat policies are. There was a 13 point swing from 2020 to 2024 voting for Trump among Gen Z.
Democrats always talk about your “right” to be free from gun violence.
Apparently there’s no “right” to be free from junkie, mental patient or South American gang violence.
The only cure for the true believers is cyanide in the Flavor-Aid.
Memphis and Nashville are the cancer infested armpits of a beautiful state – hard to see what’s going on all buttened-up, and extremely hard to treat once it takes hold over the rest of the body.
Dude, I’m as surprised as anyone that Gen Z as a demographic came out of their coma. I was talking with a recently college-graduated nephew why he thinks that happened and he said “We’ve all seen how expensive free shit turns out to be, and can’t possibly afford a $600,
000 house with a $60,000 car in the garage, even with a $25,000 down payment subsidy and a tax rebate on the E-car in the garage” … then said a word I never thought a college grad would utter
– UNSUSTAINABLE.
The fix is to attach gun rights, which are actually Civil Rights, to the 1964 Civil Rights Act and give violations of our gun rights the same protections and restorative civil penalties that all the rest of the Civil Rights.
Then we could sue the pants off of any and every anti-gunner until they literally are in the poor house.
This is the way.
This is EXACTLY why we are a Representative Republic, not a democracy!
In a democracy your neighbors would gladly vote away your rights, in a heartbeat.