Judging by recent actions, members of the Memphis City Council apparently think their position is lofty enough that they don’t have to follow state law.
On July 23, council members approved several anti-gun measures that will appear on the ballot on election day in an attempt to amend the city charter. Of course, all are direct violations of the state’s firearms preemption law, which was passed by lawmakers precisely to stop local officials passing strict regulations.
As Tennessee’s preemption law specifically 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.”
Exactly what Memphis city councilors don’t understand about that clearly stated language is anybody’s guess. But they obviously know about it and chose to ignore the state law in this situation.
Question Number 1 is an end run around the state’s recently passed constitutional carry law. That measure asks voters whether or not the City of Memphis charter should be amended so that no person can legally carry, store or travel with a handgun in the city without a valid carry permit—the exact thing state law allows.
It would further amend the charter to read: “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 of boat unless the firearm or firearm ammunition is kept from ordinary observation and locked in the trunk, utility or glove box, or a locked container securely affixed to the motor vehicle or boat.” Of course, the language does not define “ordinary observation.”
Question Number 2 deals with so-called “assault weapons.” It specifically asks if the city charter should be amended to ban common semi-auto firearms, and whether the charter should outlaw the sale of such firearms.
“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,” the question states.
The final measure—Question Number 3—would set up a process for a city red-flag law. Of course, like most such proposals it doesn’t protect the due process rights of gun owners who might suddenly find their Second Amendment rights restricted.
According to the measure’s language, if a person has such an order filed against him or her, the city would “order the respondent to provisionally surrender any firearms in his or her possession or control, and any license or permit allowing the respondent to possess or acquire a firearm, to any law enforcement officer presenting the order or to a law enforcement agency as directed by the officer or order.”
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