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The Tennessee Conservative [By David Seal] –
The City of Memphis put multiple gun control referenda on the November 5th, 2024, ballot to amend the city charter, but failed to clarify to its citizens that such provisions would not be enforceable unless the legislature changed state law to accommodate the local ordinance.
One of the referenda provisions was a ban on the sale of “assault weapons” within the city.
According to TFA (Tennessee Firearm Association) and others, the way the gun control questions were written on the ballot implied that a change to the city charter could go into effect on January 1, 2025, if approved by voters.
However, the city of Memphis admits in their December 20th, 2024, response in Circuit Court that such an ordinance was preempted by state law and unenforceable without state legislative changes, stating in part:
“These are clearly “uncertain or contingent future events” that would only occur to Plaintiffs upon enforcement of the Ordinance. This is particularly true because the Ordinance contains clear language evidencing that the Ordinance becomes effective and enforceable only upon a change to Tennessee law.” (Page 8-9)
The City Council of Memphis, in their MOTION TO DISMISS reflected the same, stating in part:
“The City Council clearly expressed its intention not to authorize enforcement of Ordinance No. 5908 before or after it was approved by the qualified voters of the City. Rather, the Council expressly indicated that it would need help from the Tennessee General Assembly to help it fulfill the wishes of its citizens to curb the proliferation of gun violence in Memphis before the Gun Charter provisions could be enforced.” (Page 5-6)
In November, two Tennessee State Senators filed statements with the Tennessee Firearms Association (TFA) supporting their lawsuit against the City of Memphis on the gun control initiative. Senator Janice Bowling thanked TFA for its support of the Second Amendment and commended it for suing Memphis.
Senator Brent Taylor, who represents part of Shelby County, sent a similar letter to TFA adding that the referenda were unlawful, misleading, and “defrauded Memphians into thinking the city had the authority to implement gun control.”
The Tennessee Firearms Association, one of the plaintiffs in the Memphis lawsuit, issued the following statement for this article:
“In an attempt to make Senator Brent Taylor appear to be totally disconnected from the wishes of the people of Memphis, the City Council chose a path of deceit to paint the Senator with a brush of lies.
They used taxpayer dollars to put a false narrative on the ballot, hiding from the people the fact that if they passed the resolutions, they could not be enforced, as the state statues preempt all three of the issues the Council chose to sensationalize for political gain.
Every individual, whether elected or hired and acting on behalf of the City should be charged with Official Misconduct (TCA 39-16-402) as an officer, employee, or agent of government; a public servant commits an offense who, with intent to obtain a benefit or to harm another, intentionally or knowingly: commits an act relating to the public servant’s office or employment that constitutes an unauthorized exercise of official power.
I believe knowingly defrauding the people at their tax expense to besmirch a political rival smacks of fraud in the least.” – said C. Richard Archie, West Tennessee Director, Board Member, Tennessee Firearms Association
The readers of this article can find a plethora of information on this issue including a detailed timeline of events, court documents, sample ballot, news articles, and the responses by the City of Memphis and the Memphis City Council at the link provided HERE.
About the Author: David Seal is a retired Jefferson County educator, recognized artist, local businessman, 917 Society Volunteer, and current Chairman of the Jefferson County Republican Party. He has also served Jefferson County as a County Commissioner and is a citizen lobbyist for the people on issues such as eminent domain, property rights, education, and broadband accessibility on the state level. David is also a 2024 winner of The Tennessee Conservative Flame Award & has received an accolade from the Institute For Justice for successfully lobbing the TN legislature to protect property rights. David can be reached at david@tennesseeconservativenews.com.
2 Responses
Lucifer’s dimmercraps, unable/unwilling to think anything plum thru, blame the tools, not their dimmercrap misusers.
Guns used in crimes are typically stolen rather than bought. Most guns used in crimes changed hands since their purchase. Guns reported lost are three times more likely to be used in a crime, and stolen guns are almost nine times more likely to be used in a crime.
If you want to control gun violence, remove the criminal who creates the gun violence not the law-abiding citizen……………..