MEMPHIS, Tenn. — Gun rights nonprofits filed a lawsuit Wednesday against Memphis over the city's recently passed gun control measures, declaring the ordinances were unacceptable and went against citizens' fundamental rights.
Gun Owners of America (GOA) and Gun Owners Foundation (GOF) filed the lawsuit in Shelby County with the Tennessee Firearms Association, saying the gun control ordinances "were passed by voters in direct opposition to the state’s robust preemption law."
“Memphis voters overwhelmingly chose to strip their fellow citizens of their fundamental rights, and now city officials, knowing full well these ordinances will patently violate Tennessee law, are planning to implement them," Chris Stone, GOA's state and local affairs director, said. "This is unacceptable, and we are eager to fight back.”
Memphis City Council chairman JB Smiley released a statement Thursday, calling the lawsuit "short-sighted" and "ill-conceived."
"Though our vote spoke loud and clear, it is apparent that certain folks seek to ignore the message," Smiley said. "Against our wishes, these folks are trying to give access to guns to every untrained hand, and are essentially giving criminals permission to carry weapons, even at the expense and detriment of all who live in our community."
The lawsuit comes after the Memphis City Council announced on Tuesday, Nov. 12, their plan to press state lawmakers to change gun laws. Shelby County voters overwhelmingly passed all three gun referendums on Election Day.
The measures aim to ban permit-less carry, prohibit assault weapons and allow courts to take someone's gun away from them if they are found to be a significant danger or extreme risk to themselves or others. Though Memphians approved them on Election Day, these ordinances currently cannot be enforced due to state law.
Memphis City councilwoman Jerri Green said the council plans to create an ordinance in the event gun legislation changes during next year's session. She told ABC24 their board wants a retreat with state lawmakers and lobby at the state capital.
Tennessee state leaders have criticized Memphis' efforts to enact gun control laws in the city, saying such measures went against state law. Before the election, they stressed that the referendums would have no effect and could not change state rules.
“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,’" GOA senior vice president Erich Pratt said. "We are hopeful that Tennessee Courts will quickly block this insubordinate violation of state law.”
Read Smiley's full statement below:
"Yesterday, organizations based in various cities, none of which are Memphis and most of which are in other states, filed suit against the City of Memphis because we utilized our voice and our vote to put safety first and stand on the side of gun reform. What these organizations don’t understand is that this short-sighted, ill-conceived lawsuit is not against the City of Memphis, but against the people who call it home.
Though our vote spoke loud and clear, it is apparent that certain folks seek to ignore the message. Against our wishes, these folks are trying to give access to guns to every untrained hand, and are essentially giving criminals permission to carry weapons, even at the expense and detriment of all who live in our community. While they claim to want a more aggressive approach to criminal justice and a decrease in crime, their desire to remove any boundaries to ensure the public’s safety from the reckless and irresponsible use of guns says otherwise. The logic behind their opposition to proper gun reform is flawed at best and, at worst, it leads to record breaking homicides. Opposition to gun reform, and consequently this lawsuit, is deadly, dangerous, and disrespectful to the people of Memphis, whom this will directly impact long after these out-of-state entities leave.
But, here’s what I know – when you come against the people of the 901 and when you try to silence our voice, we stand up and defend our neighbors and our values every single time. We, as a community who values life, liberty, and our right to be safe in our homes and neighborhoods, must continue take a stand against anything that would stand in our way of achieving that. I am with you!
For life, liberty, and justice for all."
