The Memphis City Council approved a referendum on Tuesday that allows residents to vote on implementing a citywide “assault weapon” ban, prohibition on constitutional carry, and a red flag law, among other gun controls.
WREG reported the referendum’s approval means the gun controls will be on the November 5 ballot and, if passed, added to the city charter.
Key proposed gun controls include:
- Prohibition of carrying a handgun in Memphis without a valid handgun carry permit.
- Restriction on carrying, storing, or traveling with a handgun in a vehicle without a valid permit.
- Requirement for firearms and ammunition to be stored out of sight and locked when not in a vehicle or boat.
- Declaration that assault weapons pose a threat to Memphis citizens.
- Ban on possessing or carrying assault rifles, with exceptions for permit holders on private property or at shooting ranges.
- Prohibition of commercial sales of assault rifles within the city.
Despite the City Council’s approval, the city is likely to face lawsuits if the gun controls pass due to Tennessee’s preemption law. The NRA-ILA notes that most states, including Tennessee, prohibit local jurisdictions from imposing stricter gun control than state law.
Gabby Giffords’ gun control group highlighted that Tennessee’s law prevents local regulation of firearm possession, transportation, or storage by permit holders in public or private parking areas. However, local governments can regulate firearms on property they own or control.
Additionally, Tennessee law authorizes civil suits against state and local governments or officials if they violate the state’s preemption law or create a gun owner registry.
