Gun Owners of America (GOA), Gun Owners Foundation (GOF), and the Tennessee Firearms Association (TFA) are challenging a new City of Memphis gun control ordinance that restricts the rights of those who live and visit the city.
Voters passed the ordinance last week, which created what can only be described as an island of gun control in what is otherwise a very gun-friendly state. The new ordinance bans the carry of handguns without a concealed carry permit within city limits. Tennessee is one of 29 states across the country that has some form of permitless carry, known colloquially as constitutional carry. The city’s requirement for a concealed carry permit to carry a handgun makes it a one-off city in the state.
The ordinance also bans the sale or possession of “assault rifles.” The city did not define what it considered to be an “assault rifle.” The official definition of an assault rifle is a select fire gun, which is already heavily regulated by federal law under the National Firearms Act of 1934 (NFA) and the Hughes Amendment of the Gun Owners Protection Act (GOPA). No transferable assault rifle has been added to the registry since 1986. Many think the City of Memphis is referring to so-called “assault weapons,” but that was not defined by the city either.
The ordinance includes red flag laws, also known as Extreme Risk Protection Orders (ERPO). Red flags are controversial for their lack of due process protections. They allow the police to seize a person’s guns without that person having their day in court. The state has no red flag laws on the books, meaning the City of Memphis is the only place in the Volunteer State where someone could be subject to a gun confiscation order.
The trio of gun rights groups are suing the City of Memphis because they claim that the new ordinance is illegal under state law. The State of Tennessee has strong preemption laws, meaning local statutes and ordinances cannot supersede state laws. State law says you can carry a handgun without a permit meaning that the city’s ordinance is at odds with Tennessee State law. Preemption says the local ordinance is unenforceable. The same goes for the red flag and the “assault rifle” sections of the new City of Memphis gun control ordinance.
The contradiction between state law and the City of Memphis, gun control ordinance, is not lost on the three gun rights groups that are suing the city. The plaintiffs are asking the courts to block the ordinance. GOA Senior President Erich President pointed this fact out to AmmoLand News.
“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,’” Pratt said. “We are hopeful that Tennessee Courts will quickly block this insubordinate violation of state law.”
Memphis City Councilman JB Smiley, Jr. is already vowing to fight back against the lawsuit, but it is unclear what legal prescient the city will cite in what appears to be an open and shut case.
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
