Lucas FintonMemphis Commercial Appeal
In response to threats from top state Republicans over a ballot referendum that would place limits on who can carry guns within city limits and where they can be carried, Memphis Mayor Paul Young has placed the onus on Memphis voters and the state legislature for what will happen next.
The reaction came hours after Tennessean Lt. Gov. Randy McNally, an Oak Ridge Republican, and House Speaker Cameron Sexton, a Crossville Republican, threatened to withhold state sales tax revenues from Memphis and Shelby County if the referendum ordinance appears on the November ballot.
In November, Memphis voters will face a three-question referendum on gun control.
The first question focuses on handguns, and asks voters if they would like to see the city charter amended to not allow people to carry handguns in the city without a valid handgun permit; to not all people to carry, store or travel with a handgun inside a vehicle in city limits without a valid permit; and to make it illegal for someone to store a firearm or ammunition within a motor vehicle without hiding it, and locking it, within a trunk, glove box or a locked container attached to the car.
The second question asks Memphians if they would "find and declare that the proliferation and use of assault weapons pose a threat to the health, safety and security" of Memphis citizens; if they would make it illegal to openly or concealed carry assault rifles within Memphis with the exception of those with valid handgun permits on privately owned property or a shooting range; to ban the commercial sale of assault rifles; and to exempt law enforcement and armed forces from the ordinance.
The second question allows pre-existing rifle owners to own rifles but limits their public carrying.
The third question would create an extreme order of protection — often referred to as a red flag law — policy in the city charter, allowing law enforcement, a family member, a member of someone's household, a significant other, a healthcare provider or school official to block the purchase of a firearm if probable cause of the firearm purchaser posing "a significant danger or extreme risk of personal injury or death to the respondent or another person."
The ballot measure has not officially been placed on the ballot, according to the Shelby County Election Commission. The commission has received them and is currently processing them.
The referendum, while it was being passed, was talked about as a highly accurate poll. Councilman Jeff Warren, who led the referendum's passing, said that the law would not be enforced without the state allowing it to be enacted, saying it functioned as a "trigger law" similar to how limits on abortion were enacted in Tennessee after Roe v. Wade was overturned.
"...It's much like the enabling legislation that states passed when Roe v. Wade was the law of the land, and they were passing abortion bans that were illegal under federal law," Warren said. "All this does is it allows the state to be able to pass laws that will let Memphis do what the voters are voting for. We won't be able to enact this. We won't be able to do anything with it until the state passes laws that say cities over 500,000 in population have the right to do what we're asking for here. So we need that state to be able to pass these laws before we can enact them.
"But I think the state needs to hear from people and let people have the right to vote on what they think about this so they can pass laws that help big cities."
He added that the purpose of the ballot measure is to have state officials "understand what people in Memphis feel."
"Once they understand what we feel, we are hoping our elected officials — even though they're not all from Memphis — everyone who goes up there swears an oath to do their best for the state, not just for their city or their county," Warren said. "They're up there for the whole state. And that means we have to think differently for different parts of the state. Different parts need different things at different times, and the legislature's got to take care of all of us."
Sexton criticized the ballot referendum's passage by the Memphis City Council, and took another shot at Shelby County District Attorney Steve Mulroy, for what he called "continued efforts to override state law with local measures" and said leadership felt it "necessary to take action and protect all Tennesseans' rights and liberties."
"We hope they will change course immediately," Sexton said.
In response, Young said voters will decide what happens next.
"We understand the motivation — guns are at the center of the theft and violent crime issues in Memphis — we also appreciate and honor the importance of our state laws and the Tennessee Constitution," Young said in a statement. "Guns pose a different risk for residents of Memphis than they do for some other municipalities, but we understand that we need to work with our state to determine a set of tools to restore peace in our community."What happens next is up to the voters and the legislative branches. We are hopeful that we can all work together for the best possible outcome to reduce gun violence in our community."
Warren, who is a physician outside his role on the city council, added that gun violence in Memphis is a "health issue" that affects large cities in ways that rural Tennessee does not see.
"Right now, you can walk down the street with an AK-47, in front of a school, and in Memphis that's legal," Warren said. "It's a little bit different from what things are out in the countryside and in small towns where people are using guns for tools and to get rid of vermin on their property. Here, if you're walking down the street with an AK-47, the police don't have a right to ask you, 'Is it your gun?' and, 'What are you doing?'"
Sen. London Lamar, a Memphis Democrat, took to X, formerly named Twitter, following the announcement and criticized the threat by state Republicans.
"So, basically, Republicans are saying if you try to reduce gun violence, we'll steal your money," Lamar wrote in the post. "Very 'pro-life.'"
In a later, more thorough statement, Lamar said the move from state Republicans was a "trouble" response to Memphis wanting "a say in protecting itself."
"Since coming to power, Republicans have not only dismantled gun safety laws but have also allowed firearms to flood our state, turning a blind eye to the devastating impact this has had on our families and neighborhoods," Lamar said. "Our community is crying out for solutions, and instead of being met with support, we're facing intimidating from state politicians who should be our partners in ensuring safety and justice. The people of Memphis deserve better. We will not be bullied into silence, and we will continue to fight for the safety and well-being of every resident in our city.
Senate Minority Leader Raumesh Akbari, another Memphis Democrat, also focused on large cities needing a different approach to gun control in her statement.
"The people of Memphis, like those in other large cities across Tennessee, are desperate for solutions to reduce gun violence," Akbari said. "What we need now is a good faith partnership with the state, not threats that jeopardize our already scant funding resources. The current one-size-fits-all, top-down approach to gun violence isn't working. Our communities need more tools to address the unique challenges we face, and these ballot reforms are a step in that direction. Rather than imposing punitive measures, I urge my colleagues at the state level to work with us to ensure the safety and well-being of all Tennesseans."
State Rep. Antonio Parkinson, D-Memphis, said: "The state of Tennessee has failed in its responsibility to protect its citizens. The gun policies enacted by the Tennessee state legislature have caused significant harm to the people of Memphis and others across the state. It is crucial that the citizens of Memphis have the opportunity to voice their concerns regarding these ineffective policies. State law does not prohibit cities from holding referendums, and the threat to withhold sales taxes from Tennessee's largest contributor to state revenue is both irrational and potentially unconstitutional. A cooperative relationship between the state legislature and our cities is far more desirable than one of hostility."
J.B. Smiley Jr., chairman of the Memphis City Council, echoed Warren's remarks on the referendum.
"It's strange the TN Republican leadership would take such a position," Smiley wrote in a social media post to X. "The referendums would require enabling legislation from both the council and the state before it takes effect. Essentially, the referendums are a poll of the people. As elected leaders, isn't that what we want?"
State Rep. Justin J. Pearson, another Memphis Democrat, called the move "abhorrent, reckless and ridiculous," comparing the threatened withholding of sales tax dollars to Russia and how the British treated America in the years leading up to the Revolutionary War.
"Stealing our tax money is illegal and holding it hostage is an act of moral cowardice at best, and economic terrorism at worst," Pearson wrote in a statement. "To jeopardize the health and welfare of an entire city to create a political sideshow is unconscionable and evil. These threats and bullying tactics are not new. Republicans threatened to withdraw stadium funding when the Shelby County Commission reinstated me to my duly-elected office after they expelled me for engaging in peaceful protest against gun violence."
Pearson, who was expelled alongside Nashville Democrat Rep. Justin Jones for protesting gun violence on the House floor, added that the move showed that "Tennessee Republicans resent democracy and are bent on denying majority-Black communities their constitutional right to self-governance."
House Minority Leader Rep. Karen Camper, also a Memphis Democrat, wrote a letter to Sexton and McNally — which was shared with The CA — saying withholding sales tax revenue would "punish an entire county for exercising its democratic right."
"Our constituents' safety and their perception of safety must take precedence over the special interests of the gun lobby," Camper wrote in the letter. "The proposed measures — banning unpermitted handguns, restricting assault rifles and implementing a 'red flag' law — are not radical. They are common-sense initiatives that reflect the growing concern among Memphis residents about the rising violence and the proliferation of firearms in our communities. These proposals are designed to save lives, reduce crime and create an environment where people feel secure in their homes, schools and public spaces."
State Sen. Brent Taylor, a Republican representing parts of Shelby County and Eads, did not respond to questions asking whether he supported Sexton and McNally's proposal. Taylor, over the last few weeks, has hosted a number of community events that he entitled "Make Memphis Matter."
Rep. John Gillespie, a Memphis Republican, said Tuesday morning that he would "continue to be an advocate for reasonable gun safety measures," including red flag laws and opposing open carry.
"I plan to vote in support of the gun safety measures that will appear on the Memphis ballot in this November's election," Gillespie said in an email statement. "Some argue these referenda should not appear on the ballot. I'll leave this decision up to the courts. In the meantime, I'll vote 'yes' for handgun carry permits, safe storage of firearms in automobiles and red flag laws that keep guns out of the hands of those who are judged to be a danger to themselves or others.
"As your state representative, I'll continue working to persuade other legislators to understand the importance of responsible gun safety measures in an urban community such as Memphis."
Jesse Huseth, a Democrat running against Gillespie in the Nov. general election, said McNally and Sexton's move represented "yet another example of political gamesmanship when the situation calls for actual leadership."
"The referendums reflect the common-sense approach to guns that the vast majority of Tennesseans, including myself, are in favor of, and the threatened punishment of withholding revenue is as dangerous as it is unprecedented," Huseth said in an email statement. "I call on every state legislator in Shelby County to not only support the referendums, but to condemn the heavy-handed threats by current leadership."
Lucas Finton is a criminal justice issues reporter for The Commercial Appeal. He can be reached at lucas.finton@commercialappeal.com
