Memphis City Council sues election commission for blocking gun control ballot initiatives

Memphis City Council is suing the city’s commission that oversees elections after the commission removed three gun control measures from its November ballot.

The ballot included initiatives that would allow voters to decide if the city should institute red flag laws, require a permit to carry a handgun, and ban AR-15-style rifles.

However, these measures would be in direct violation of Tennessee state law. Three years ago, Gov. Bill Lee (R-TN) signed a law allowing for permitless carry for handguns, and in May, the legislature banned cities and counties from implementing their own red flag laws.

Tennessee election coordinator Mark Goins sent a letter to the Shelby County Election Commission saying that the gun control initiatives were void and should be removed from the ballot as they are in direct violation of state laws. He also wrote that the city did not follow the public notice procedures required to put a referendum on the ballot. The letter came hours after Republicans state House Speaker Cameron Sexton and Lt. Gov. Randy McNally threatened to withhold funding from the city if it did not remove the measures.

Shelby County Administrator of Elections Linda Phillips complied with Goins's request and removed the three measures from the ballot.

Council Chairman J.B. Smiley, along with some of his colleagues, announced the lawsuit against the Shelby County Election Commission. The city council members had already expected implementing these measures may not be feasible. However, they went ahead with these ballot measures to give citizens a voice in how to curtail gun violence.

“This is an opportunity for citizens in Memphis to speak,” Councilman Chase Carlisle said during a committee meeting in 2023 when the measures were first being considered. “Whether it’s enforceable by the constitution or not, I think, is moot.”

Last year, Memphis saw 398 homicides and burglaries jump to more than 14,000. For the first half of 2024, murder, rape, robbery, and aggravated assault were down when compared to the first half of 2023.

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The city allocates 40% of its budget to law enforcement, but city council members are seeking more measures to keep gun violence at a minimum and are accusing Republicans of standing in the way.

“This is supposed to be a party who supports law enforcement,” Smiley said. “Instead, what they’re telling the people of Memphis, they want us dead and they also want us in poverty.”