September 10th, 2024
In July, the Memphis City Council voted to implement a series of ballot measures relating to firearm restrictions and gun control on the November 5th general election ballots.
The approved referendum allowed city residents to vote on the installation of various gun control measures within city limits, all of which impose far tighter restrictions on gun ownership than Tennessee state law permits. If passed, the measures would become amendments to the Memphis city charter. In this brazen attempt to override the state’s implementation of Constitutional Carry and further infringe on Second Amendment rights, the proposed policies included the following:
- No person shall be allowed to carry a handgun in the City of Memphis without possessing a valid handgun carry permit.
- No person shall be allowed to carry, store, or travel with a handgun in a vehicle in the City of Memphis without possessing a valid handgun permit.
- 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 or boat unless the firearm or firearm ammunition is kept from ordinary observation and locked within the trunk, utility or glove box, or a locked container securely affixed to the motor vehicle or boat.
- 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.
- Hereafter, it shall be unlawful and prohibited for a person to possess or carry, openly or concealed, any assault rifles in the City of Memphis. Persons with valid handgun permits are exempt from this restriction when possessing or carrying an assault rifle on their privately owned property or at a shooting range.
- Hereafter, the commercial sale of assault rifles within the City of Memphis is unlawful and is hereby prohibited.
Within the Memphis City Council’s attempt to erode the Constitutional liberties of American citizens is an inherent violation of Tennessee’s recently implemented preemption law, which bars city ordinances from enacting gun control laws stricter than those at the state level. Should any such amendment pass through by voter consent, they would face almost immediate and disqualifying legal challenges thanks to this preemption law.
Luckily for Tennessee residents, Tre Hargett, the Tennessee Secretary of State, announced that he would not approve ballots for the city of Memphis with the measures present. Additionally, Republican state leadership threatened to withhold funding to the city in response to such egregious attempts at eroding gun rights. The Shelby County Elections Commission removed gun control measures from county ballots in response to these threats.
Now, the Memphis City Council has sued the Commission in an effort to reinstate the ballot measures. JB Smiley Jr., the Council Chairman, announced the lawsuit during a press conference alongside other council members. In the announcement, they attacked state Republicans with accusations of being unpatriotic and anti-democratic, while also asserting that they are compromising on their “pro-life” values by supporting gun rights.
Memphis is one of the few Democratic Party strongholds in the state of Tennessee, which explains its significant crime and violence rates. The city has experienced record-breaking numbers of murders, assaults, rapes, and robberies in recent years. Because the city is incapable of controlling rampant crime, they now want to control the gun ownership of law-abiding citizens and eliminate their right to self-defense.
Similarly to Tennessee, Texas also has preemption law relating to gun rights. Local governments and municipalities are not allowed to enact laws that restrict any Texan’s ability to own, use, or carry a firearm to a greater degree than dictated by the state legislature. Whether you’re in Celeste or Houston, your Second Amendment right to self-defense is protected.
Texas Gun Rights is the Lone Star State’s premier NO COMPROMISE gun rights organization. We’ve worked to secure your right to bear arms and have fought against every infringement the Radical Left has tried to impose. There’s still much more work to be done, so consider supporting our work by donating below!
Article submitted to Texas Gun Rights by Blake Kresses
