Standoff between Tennessee GOP, Memphis lawmakers over gun referendums on Nov ballot heads to court

Memphis is suing the Shelby County Election Commission, which appears to have caved to pressure from a top state GOP lawmaker to keep the questions off the ballot.

Published: August 30, 2024 11:00pm

(The Center Square) -

Memphis is suing Tennessee's Shelby County Election Commission over a gun-control referendum that the council wants placed on the Nov. 5 ballot.

The City Council filed the lawsuit Friday morning after the commission said that it would follow direction from state leadership and not place the issues on the ballot.

The ballot questions ask about preventing individuals from carrying a handgun without a permit, banning the sale or possession of “assault rifles” in most cases with some exceptions and the addition of extreme risk protection orders, often referred to as red flag laws.

The ballot initiatives conflict with state law, which allows for permitless carry, monitoring firearm sales and prevents red flag laws.

“What they are telling the people of Memphis is they want us dead and they also want us in poverty,” said Memphis council Chairman J.B. Smiley Jr. “That’s tough for me to tell you because this is a community that I choose to call home every single day.”

Smiley said that 40% of the Memphis budget goes toward law enforcement.

GOP House Speaker Cameron Sexton threatened to withhold shared state sales tax from Memphis if the referendum were on the ballot.

"Local govt’s who want to be progressive & evade state laws will lose shared sales tax funding,” Sexton posted on X earlier this month . “Subversive attempts to adopt sanctuary cities, allow boys in girl’s sports, limit 2A rights or other attempts will be met with stiff resistance. We hope they change course immediately.

Cameron and GOP Lt. Gov. Randy McNally issued a joint statement threatening the penalty on Monday, saying they would "not tolerate any attempts to go rogue and perform political sideshows."

Memphis received $78 million in shared sales tax last budget year, State Affairs reported.

“We won’t back down and we damn sure won’t be bullied,” Smiley said.

Councilwoman Jerri Green added that she has been impacted by gun violence three times in her life, including the murder of her best friend, saying that experiencing that violence so personally leads her to believe she must take action.

“Memphis has been shot and is bleeding out,” Green said.

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