Memphis gun control referendum may draw fire from state

MEMPHIS, Tenn. — In a decision that’s expected to draw the attention of the State of Tennessee and even potentially face a legal challenge, the Memphis City Council gave final approval to a referendum letting Memphis voters decide in November on a set of tough gun control options.

WREG spoke with the ordinance sponsor and a state lawmaker about a possible pushback from the General Assembly.

We asked Memphis City Councilman Jeff Warren, the sponsor of the ordinance, why he and others on the council feel it’s needed.

“We have too many of our young people killing each other with weapons on a daily basis,” he said.

Memphis voters will be asked whether they approve amending the city’s charter to require a handgun permit, restrict the storage of guns in vehicles in many cases, ban assault weapons sales after January 1, 2025, and enact extreme risk protection orders, sometimes called Red Flag Laws.

“We’re hoping by letting the voters speak, our legislators can see what we want and then we can get them to pass laws to allow this to become legal,” said Warren.

But, will the measures face potential pushback from the state and the GOP-controlled Tennessee General Assembly as it has in the past?

“Item number one, I’d be in favor of requiring a permit. Item number two, I am in favor of locking up your gun when you get out of your car, and item number three, I want to look at the details of whether it would be a red flag law,” said Republican State Representative Mark White.

Tennessee laws bar local governments from enacting any ordinances or local laws that control firearms in the state, but some are hoping for an exception to the rule.

“I’ve told the governor’s office and my own party; we have unique issues in Memphis with crime, and I think they understand that we are unique. So, we need to address this in a separate way,” White said.

“What we’re hoping to see is that the state legislature will look and say, ‘One size doesn’t fit all with this. Our urban centers have different problems than our rural centers. Let’s tailor our laws to help all the citizens,'” said Warren.

The language is below:

QUESTION NO. 1:
Shall the Charter of the City of Memphis be amended to read:

1. No person shall be allowed to carry a handgun in the City of Memphis without possessing a
   valid handgun carry permit.
2. No person shall be allowed to carry, store, or travel with a handgun in a vehicle in the City of Memphis without possessing a valid handgun permit.
3. 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 or boat unless the firearm or firearm ammunition is kept from ordinary observation and locked within the trunk, utility, or glove box, or a locked container securely affixed to the motor vehicle or boat.

QUESTION NO. 2:
Shall the Charter of the City of Memphis be amended to read:

1. 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.
2. Hereafter, it shall be unlawful and prohibited for a person to possess or carry, openly or
   concealed, any assault rifles in the City of Memphis. Persons with valid handgun permits are
   exempt from this restriction when possessing or carrying an assault rifle on their privately owned property or at a shooting range.
3. Hereafter, the commercial sale of assault rifles within the City of Memphis is unlawful and is
   hereby prohibited.
4. The provisions of this Chapter shall not apply to the commercial sale of assault rifles to:
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   4.1 Any federal, state, local law enforcement agency;
   4.2 The United States Armed Forces or department or agency of the United States;
   4.3 Tennessee National Guard, or a department, agency, or political subdivision of a state; or
   4.4 A Law Enforcement Officer.
5. Pre-existing owners that can demonstrate that the commercial sale of an assault rifle was
   completed prior to the Effective Date of January 1, 2025, which means that prior to January 1, 2025, the purchaser completed an application, passed a background check, and has a receipt or purchase order for said purchase, without regard to whether the purchaser has actual physical possession of the Assault Rifle shall be considered a pre-existing purchaser.

QUESTION NO. 3:
Deals with Extreme Risk Protection Orders, which would prohibit someone from possessing, using, or purchasing a firearm if there is a risk of harm to another person.

Memphis recorded a record 398 homicides last year, the third record set in four years.

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