Memphis Takes Legal Action Over Gun Control Referendum

In a dramatic turn of events, the city of Memphis has filed a lawsuit against the Shelby County Election Commission following the commission’s decision to pull a controversial gun-control referendum from the November ballot. The decision was announced during a press conference held by City Council members on Friday, where they expressed their deep frustration and asserted the need for local control over gun regulations.

City Councilman JB Smiley made it clear that the city has acted within its rights and done everything necessary to put the referendum forward. “We did everything that we were supposed to do. We’ve done everything in our power except take guns off the street,” he said, emphasizing the council’s resolve. He further declared, “We won’t back down and we d*** sure won’t be bullied.” Smiley indicated that legal proceedings could begin as soon as next week.

The referendum, initially approved by the City Council, aimed to give Memphis residents the opportunity to vote on amendments to the city charter. If passed, these amendments would impose several restrictions on gun ownership, including:

• Mandating gun permits for anyone carrying a firearm within the city limits.
• A ban on the sale of assault weapons.
• Temporary removal of firearms from individuals deemed at risk of harming themselves or others.
• Requirements for gun owners to keep their weapons secured while traveling through Memphis.

This gun control initiative comes on the heels of a troubling year for Memphis, which saw nearly 400 homicides in 2023, a record high that has prompted city leaders to seek urgent measures to tackle gun violence. Council Member Jerri Green expressed her feelings about the situation: “Memphis has been shot and is bleeding out,” illustrating the dire circumstances that have led to such significant legislative efforts.

The response from state lawmakers has been swift and stern. On Monday, House Speaker Cameron Sexton and Lieutenant Governor Randy McNally issued a joint statement warning the city that it risks losing state sales tax revenue due to its push for the referendum. This threat underscores the ongoing tension between local government and state authorities regarding gun legislation.

On the following Tuesday, the Shelby County Election Commission, citing directives from state election coordinator Mark Goins, announced that the gun-control referendum would not appear on the upcoming ballot. According to a letter from Goins dated August 26, the commission was instructed to withdraw the measure due to potential conflicts with state law. Elections Administrator Linda Phillips expressed regret over the situation, noting that the commission’s actions were entirely in line with state directives: “The Shelby County Election Commission is without jurisdiction to decide whether or not the gun control referendum be placed on the ballot. This body has taken no action regarding the referendum beyond abiding by the state’s directive.”

The situation has sparked strong reactions from local officials. Council Member Jana Swearengen-Washington passionately defended Memphis’s stance, stating they would not allow the state to “steal our local tax dollars.” This issue has also been viewed through a racial lens by some, with Tennessee State Representative Justin Pearson accusing state leaders of perpetuating a historical pattern of disenfranchisement against Memphis, a city with a predominantly Black population. He stated, “Our majority Black city is being told you better do what we tell you to do, or you lose revenue.”

The future of this lawsuit and its implications for gun control in Memphis remain uncertain. If successful, it could pave the way for significant changes in local gun laws, but if the city does not prevail, it may set a precedent limiting the ability of local governments to enact their own regulations in response to specific community needs.

As the legal battle unfolds, residents of Memphis continue to hold their breath, hoping for a breakthrough that could help curb the devastating levels of gun violence in their city. The outcome of this case will not only impact where Memphis stands on gun control but also the balance of power between local and state governments in Tennessee.