Explore The NRA Universe Of Websites

APPEARS IN News

Tennessee: Memphis Flouts General Assembly and State Firearm Preemption Statute

Monday, July 29, 2024

Tennessee: Memphis Flouts General Assembly and State Firearm Preemption Statute

On July 23, the Memphis, Tenn. City Council approved a series of ballot measures for the November election that purport to enact local gun control measures in the Home of the Blues by amending the city charter. “Purport” is the appropriate term, because the proposed local gun control measures run directly counter to the state’s robust firearm preemption statute.

Ballot measure one attempts to undo the Tennessee General Assembly’s recent work to respect the Right-to-Carry without a permit by requiring a carry permit to exercise the Right-to-Carry within city limits. The dubious restriction even provides that a person may not “carry, store, or travel with a handgun” in their own motor vehicle without a permit.

Ballot measure two provides that it “shall be unlawful and prohibited for a person to possess or carry, openly or concealed, any assault rifles in the City of Memphis.” Further, it states that “the commercial sale of assault rifles within the City of Memphis is unlawful and is hereby prohibited.” Perhaps acknowledging the unserious nature of their local gun control gambit, the city council didn’t bother to define the term “assault rifle.”

Ballot measure three would institute a so-called “red flag” gun confiscation order scheme, including ex parte confiscation orders issued without due process.

The Tennessee General Assembly has made clear that it retains the sole authority to regulate firearms within the state. T. C. A. § 39-17-1314 provides,

the general assembly preempts the whole field of the regulation of firearms, ammunition, or components of firearms or ammunition, or combinations thereof including, but not limited to, the use, purchase, transfer, taxation, manufacture, ownership, possession, carrying, sale, acquisition, gift, devise, licensing, registration, storage, and transportation thereof, to the exclusion of all county, city, town, municipality, or metropolitan government law, ordinances, resolutions, enactments or regulation. No county, city, town, municipality, or metropolitan government nor any local agency, department, or official shall occupy any part of the field regulation of firearms, ammunition or components of firearms or ammunition, or combinations thereof.

Further, in the same statute the General Assembly provided a remedy for those impacted by impermissible local gun controls. T. C. A. § 39-17-1314 provides,

(g)(1)(A) Notwithstanding title 29, chapter 20; title 9, chapter 8; and § 20-13-102, a party may file an action in a court of competent jurisdiction against any of the persons or entities listed in subdivisions (g)(1)(A)(i) and (ii), if the party is adversely affected by:

(i) An ordinance, resolution, policy, rule, or other enactment that is adopted or enforced by a county, city, town, municipality, or metropolitan government or any local agency, department, or official that violates this section;

The Tennessee Office of the Attorney General has repeatedly cited the state firearm preemption statue in its official opinions to make clear that local gun control measures are invalid. In the context of local carry restrictions, in 2018, Attorney General Opinion No. 18-04 reiterated, “In enacting Tenn. Code Ann. §§ 39-17-1311 and 1314, the Legislature has preempted the entire field of regulation of the possession and use of firearms.”

In their attempt to enact local gun control by way of amending the city charter, the city council cited Tennessee Constitution Art. 11, § 9, which provides some authority for “home rule.” That section also states,

Any municipality after adopting home rule may continue to operate under its existing charter, or amend the same, or adopt and thereafter amend a new charter to provide for its governmental and proprietary powers, duties and functions, and for the form, structure, personnel and organization of its government, provided that no charter provision except with respect to compensation of municipal personnel shall be effective if inconsistent with any general act of the General Assembly and provided further that the power of taxation of such municipality shall not be enlarged or increased except by general act of the General Assembly. 

In addressing a case involving an issue of state versus local authority, Nichols v. Tullahoma Open Door, Inc. (1982), the Court of Appeals of Tennessee, Middle Section cited two Tennessee Supreme Court decisions, noting,

municipalities in Tennessee have no authority other than that granted by the legislature and the legislature may remove or alter that authority as it chooses. “[I]t is elementary that statutes prescribing how delegated police power may be exercised by municipalities are mandatory and exclusive.” Brooks v. Garner, 566 S.W.2d 531, 532 (Tenn.1978). Municipal authorities cannot adopt ordinances which infringe the spirit of state law or are repugnant to the general policy of the state. Capitol News Co. v. Metropolitan Government of Nashville and Davidson County, 562 S.W.2d 430, 434 (Tenn.1978).

Given current state law, it is likely that Memphis’s proposed gun controls will end up being little more than a messaging effort. More decent politicians would spare taxpayers the cost of indulging their own anti-gun prejudices.

TRENDING NOW
Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

Wednesday, December 18, 2024

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

With only a few days left in the session, anti-gun legislators are doing everything they can to pass additional legislation restricting the Second Amendment rights of Michigan citizens. The legislation below could be taken up ...

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

News  

Monday, December 16, 2024

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

The Crime Prevention Research Center (CPRC) has released the latest in its series of annual reports on trends in concealed carry permits in America.

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

News  

Friday, December 13, 2024

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

Last week, the anti-gun attorneys general of Minnesota and New Jersey filed nearly simultaneous lawsuits against firearm maker Glock, essentially claiming the company was violating the laws of those states by making guns that are too easy to illegally ...

Maine: Prepare for Progressives to Attack Your Hunting Rights

Wednesday, December 18, 2024

Maine: Prepare for Progressives to Attack Your Hunting Rights

While 2024 may be winding down now, the 2025 legislative session is about to heat up, and radical anti-gun progressive politicians are already planning new ways to strip you of your fundamental rights.  

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

News  

Monday, December 16, 2024

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

Predictably, gun control activists are citing the cold-blooded Manhattan murder of health insurance executive Brian Thompson to call for more gun control, particularly in the hot-button areas of “ghost guns” and “3D printed firearms.” 

NYC Subway More Dangerous Than the Gridiron?

News  

Monday, December 16, 2024

NYC Subway More Dangerous Than the Gridiron?

Violent crime in New York City has been a growing concern over the last few years.  

Michigan: Take Action Against Anti-Gun Legislation TODAY!

Friday, December 13, 2024

Michigan: Take Action Against Anti-Gun Legislation TODAY!

With lame duck session in full swing, Michigan Democrats are doing everything they can to pass additional anti-gun legislation. Last night, the Senate passed, among other things, legislation that would restrict home-built firearms and ban ...

Canada Announces New Gun Bans, More Gun Control on the Horizon

News  

Monday, December 9, 2024

Canada Announces New Gun Bans, More Gun Control on the Horizon

On December 5, at a late afternoon press conference in Ottawa, Canada’s federal Public Safety Minister Dominic LeBlanc announced that 324 additional makes and variants of rifles would be added to the 2020 list of ...

Hunter Biden Pardon Makes a Fitting Mockery of Federal Gun Control

News  

Monday, December 9, 2024

Hunter Biden Pardon Makes a Fitting Mockery of Federal Gun Control

NRA-ILA routinely points out that it is more informative to watch anti-gun politicians and officials’ behavior than to listen to the platitudes they spew about enacting gun control to protect the public. 

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

Friday, December 20, 2024

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

With the sun setting on the 2023-2024 legislative session, yesterday the Michigan Senate held a marathon session lasting over 24 hours. While citizens were sleeping, anti-gun lawmakers were able to pass two pieces of legislation, ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.