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
ATF Announces New Director, Historic Regulatory Overhaul

News  

Thursday, April 30, 2026

ATF Announces New Director, Historic Regulatory Overhaul

April 29 was a big day for Second Amendment supporters in Washington, D.C., as ATF announced the confirmation of a new director, Robert Cekada, and rolled out perhaps the biggest one-day regulatory overhaul in the agency’s ...

Self-Defense: Another “Luxury” the Poor Can Do Without

News  

Monday, May 4, 2026

Self-Defense: Another “Luxury” the Poor Can Do Without

Many years ago, Otis McDonald, a 76-year old retiree living in a high-crime area of Chicago testified that he had “been robbed numerous times in his Morgan Park home; [he’d] witnessed too many crimes to count and ...

NRA Files Amicus Brief Urging U.S. Supreme Court to Hear the Case of Navy Veteran Patrick “Tate” Adamiak

Monday, May 4, 2026

NRA Files Amicus Brief Urging U.S. Supreme Court to Hear the Case of Navy Veteran Patrick “Tate” Adamiak

The National Rifle Association joined the Second Amendment Foundation, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and the Citizens Committee for the Right to Keep and Bear Arms in ...

Anti-gun Officials Target Glock, While Failing to Hold Criminals to Account

News  

Monday, May 4, 2026

Anti-gun Officials Target Glock, While Failing to Hold Criminals to Account

In 2024, the City of Chicago filed a lawsuit against gun manufacturer Glock – the maker of some of the world’s most popular pistols for civilian and law enforcement use (including at one point the Chicago ...

More Guns, Less Homicide: Good News for America, Bad News for Gun Prohibitionists

News  

Monday, May 4, 2026

More Guns, Less Homicide: Good News for America, Bad News for Gun Prohibitionists

Homicide rates in the United States, including those where firearms are used, have been declining over the last few years.  According to multiple reports on early projections, 2025 is expected to see the largest decline in ...

Virginia Bills Spark Gun-Buying Boom, Warning from DOJ

News  

Tuesday, April 28, 2026

Virginia Bills Spark Gun-Buying Boom, Warning from DOJ

As your NRA-ILA has reported over the last several weeks, the Democrat-controlled Virginia General Assembly and Governor Abigail Spanberger (D) have, between them, approved a sweeping array of radical gun control bills aimed, as NRA’s John Commerford says, ...

Minnesota: Gun Control Wish List Passes Senate

Monday, May 4, 2026

Minnesota: Gun Control Wish List Passes Senate

Today, May 4th, the Senate passed SF 4067, the "gun violence prevention package," by a party-line vote of 34-33.

Minnesota: Gun Control Wish List Policies Moved to New Bill

Friday, May 1, 2026

Minnesota: Gun Control Wish List Policies Moved to New Bill

It would seem that gun control radicals in the Minnesota legislature cannot decide on what bill to put their gun control package in, and have again moved them to another bill. 

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Thursday, April 23, 2026

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Today, April 23rd, Governor Spanberger Signed HB1525 and SB727/HB1524 into law. 

Demonization of Semi-Automatic Long Guns Remains Symbolic, Not Data-Driven

News  

Monday, May 4, 2026

Demonization of Semi-Automatic Long Guns Remains Symbolic, Not Data-Driven

Semi-automatic long guns, such as the AR-15, have been a hot topic of political rhetoric for decades now. And for those same decades, those same firearms have remained statistically under-represented in violent crime, while remaining wildly mischaracterized ...

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.