Tennessee GOP leadership threatens Memphis sales tax revenue over gun-reform ballot measures

Tennessee's legislative Republican leadership on Monday threatened to create a new state law to withhold state sales tax revenue from Memphis and Shelby County, an unprecedented move to enact a heavy financial penalty if the city goes through with a ballot referendum on gun-related issues.

House Speaker Cameron Sexton, R-Crossville, and Lt. Gov. Randy McNally, R-Oak Ridge, issued a joint statement threatening the penalty on Monday, the latest salvo in an ongoing power struggle between the GOP and Memphis and Shelby County leaders over criminal justice policy.

Meanwhile, House Minority Leader Karen Camper, D-Memphis, said the move would set a "dangerous precedent" and withholding sales tax revenue from the state's largest county would be "shortsighted and counterproductive."

The threat comes as Memphis voters could face three ballot questions, which city leaders say are not intended to restrict gun ownership but to signify support for safer gun handling policies .

The Memphis City Council earlier this year passed the referendum ordinance. Councilman Jeff Warren, who led the referendum's passing, said that the law would not be enforced without state approval.

Warren pointed to a "trigger law" function similar to how legislative Republicans passed a Tennessee abortion ban that could not be enforced before Roe v. Wade was overturned.

The ballot questions, which include a local assault weapon sales ban, could conflict with state law amid a Republican effort in recent years to relax gun access measures, such as allowed permitless carry. The referendum also includes a question on a local red flag law to block dangerous individuals from owning or purchasing a gun. Republicans this year passed a state law preempting local governments from passing any red flag ordinance.

Leadership made the threat in a news release from Sexton's office, which said the legislature will "not tolerate any attempts to go rogue and perform political sideshows."

“With the recent actions of the progressive, soft-on-crime DA in Shelby County and the Memphis City Council’s continued efforts to override state law with local measures, we feel it has become necessary to take action and protect all Tennesseans’ rights and liberties," Sexton said. "We hope they will change course immediately.”

The Republican statements drew sharp criticism from legislative Democrats. On Monday afternoon, Camper sent a letter expressing her "deep concern" to both Sexton and McNally over their comments.

"These proposals represent the will of the people, and their intent is clear: to protect and enhance the safety of our communities," Camper said. "Threatening to punish an entire county for exercising its democratic right is not only unprecedented but sets a dangerous precedent."

Memphis Mayor Paul Young said he's "hopeful" Memphis voters and the General Assembly can work together to reduce gun violence.

"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. "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.”

The Memphis gun-related measures are not yet officially on the ballot. The Shelby County Election Commission has received the measures and is processing them.

Secretary of State Tre Hargett said his office would not approve any Memphis ballot with the gun referendum questions.

"Common sense says local governments can't override state law to give a 12-year-old a driver's license, and they can't override other state laws either," Hargett said. "Memphis has no authority to circumvent state law. Our office will not approve a ballot with items already preempted by state law."

Related: Secretary of State refuses to approve Memphis' local gun control ballot referendum

GOP lawmakers have been increasingly willing to jump into matters impacting Tennessee's largest Democratic-leaning cities. Republicans passed legislation targeting the size of Nashville's Metro Council as well as who makes appointments to Music City's airport and sports authority boards, though Nashville has prevailed in court challenges against the laws.

In Memphis, voters had expected to vote in November whether to change the city charter to block handgun carry within the city without a permit and to block unpermitted handguns from being carried or stored inside a vehicle.

A second ballot question would make it illegal to carry assault rifles within Memphis, with the exception of those with valid handgun permits on privately owned property or a shooting range, and would ban the commercial sale of assault rifles. Law enforcement and armed forces would be exempt from the ordinance.

Related: Memphis voters will face these ballot questions in November |The Week in Politics

The third question would create a "red flag" law, or extreme order of protection, that could block the purchase of a firearm if probable cause was found that the purchase posed "a significant danger or extreme risk of personal injury or death to the respondent or another person."

In a later social media statement, Sexton likened the ballot questions to a progressive effort to "evade state laws."

Public polling indicates a significant majority of Tennesseans across the political spectrum support some gun reform measures such as safe storage laws, which would be on the Memphis ballot question.

"Our constituents' safety and their perception of safety must take precedence over the special interests of the gun lobby. The proposed measures—banning unpermitted handguns, restricting assault rifles, and implementing a "red flag" law—are not radical," Camper said. "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."

It's unclear how exactly the Tennessee General Assembly could withhold sales tax from one of the state's largest local governments, but the leadership announcement said if a city does "not want to participate within the state and state laws, then they do not need to participate in the state’s successes."

"The Tennessee Constitution clearly outlines the roles and responsibilities of the state and local governments," McNally said. "Shelby County needs to understand that despite their hopes and wishes to the contrary, they are constrained by these explicit constitutional guardrails."

The unusual statement from both leaders comes amid ongoing debates over gun reform in Tennessee, but it also comes as campaign season ramps up in one of the most competitive districts in the state. Rep. John Gillespie, R-Memphis, faces Democrat Jesse Huseth in November.

"The people of Memphis, like those in other large cities across Tennessee, are desperate for solutions to reduce gun violence," Senate Minority Leader Raumesh Akbari, D-Memphis, said in a statement. "What we need now is a good faith partnership with the state, not threats that jeopardize our already scant funding resources." Lucas Finton and Brooke Muckerman contributed to this report.

This article originally appeared on Nashville Tennessean: Tennessee GOP leadership threatens Memphis sales tax revenue over gun-reform ballot measures