TN Sec. of State Withholds Approval of Memphis Gun Ballot Issue

The Memphis Commercial Appeal is reporting that Tennessee Secretary of State Tre Hargett has declined to approve a gun control measure to be placed on the Memphis ballot for November.

The action came after the Fox News affiliate in Memphis, Tennessee reported that top Republicans in the state are “taking action” against Memphis and Shelby County if officials there “circumvent state law by politicized ballot measures or ordinances.”

The Memphis City Council reportedly voted last month “to allow voters to decide” on local gun control. According to WHBQ-TV, the local Fox News affiliate, Tennessee Lt. Gov. Randy McNally issued the following statement: “The Tennessee Constitution clearly outlines the roles and responsibilities of the state and local governments. Shelby County needs to understand that despite their hopes and wishes to the contrary, they are constrained by these explicit constitutional guardrails.”

McNally and House Speaker Cameron Sexton—both are Republicans—have promised the Legislature, controlled by Republicans, “will not tolerate attempts to go rogue…”

The Memphis Commercial Appeal is reporting that three ballot measures the council wants on the ballot are ostensibly aimed at allowing local voters to “signify support for safer gun handling policies.”

WANT News is reporting on the ballot measure, which asks, “Shall the Charter of the City of Memphis be amended to read:

• No person shall be allowed to carry a handgun in the City of Memphis without possessing a valid handgun carry permit.
• No person shall be allowed to carry, store, or travel with a handgun in a vehicle in the City of Memphis without possessing a valid handgun permit.
• It shall be unlawful for a person to store a firearm, whether loaded or unloaded, or firearm ammunition, in a motor vehicle or boat while the person is not in the motor vehicle or boat unless the firearm or firearm ammunition is kept from ordinary observation and locked within the trunk, utility or glove box, or a locked container securely affixed to the motor vehicle or boat.”

That’s more than promoting “safe gun handling” critics contend.

Tennessee is a “constitutional carry” state, also known as permitless carry. Tennessee also has a state preemption statute which says, in part:

“Except as otherwise provided by state law or as specifically provided in subsection (b), 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.”