By Dave Workman
Editor-in-Chief
A trio of gun rights groups has filed a lawsuit in Tennessee Circuit Court challenging three voter-approved measures which regulate firearms, allegedly in violation of the state’s preemption law.
Gun Owners of America, the Gun Owners Foundation and the Tennessee Firearms Association, and a private citizen identified as Ty Timmerman are plaintiffs in the lawsuit. Named as defendants are the City of Memphis and Police Chief Cerelyn Davis, in her official capacity. The 19-page complaint is seeking a temporary restraining order, preliminary and permanent injunctions.
According to a GOA news release, the measures passed by voters Nov. 5:
- Ban the carry of handguns without a permit, despite the state’s newly enacted permitless carry law;
- Ban the possession and sale of “assault rifles” without even defining what constitutes such a weapon; and
- Create a local “red flag” gun confiscation order that empowers local police to strip law-abiding citizens of their guns without due process.
WREG News is reporting the measures passed by more than 80 percent last week. However, the report acknowledged, “Despite the overwhelming support, it’s unclear whether the measures will actually result in a local ordinance. The state has the final say in the matter.”
This underscores the importance of a state preemption law. Such laws, in effect in more than forty states, prevent local jurisdictions from adopting their own gun control ordinances. Under preemption, firearms regulation is the sole authority of the state legislature. In their lawsuit, the plaintiffs accuse the Memphis City Council of putting the measures up for a public vote “in blatant contravention of Tennessee’s preemption law.”
In a prepared statement, GOA Senior Vice President Erich Pratt said, “Tennessee has one of the strongest preemption laws in the nation, and the very reason it exists is to prevent radical anti-gun cities from enacting the very sort of draconian policies Memphis just ‘adopted.’ We are hopeful that Tennessee Courts will quickly block this insubordinate violation of state law.”
WMC News is reporting the city council is “working to craft a trigger law ordinance” but that this proposal has not been presented “and still awaits three votes to pass and become city law.” This could also put the city in a collision with the state law.
