We’ve covered the ongoing controversy of Memphis, Tennessee, city leaders making an end-run around Tennessee’s firearms preemption law by putting a three-part gun control question on the November ballot. Voters approved the ballot measure, and, despite the secretary of state’s warning that the questions violated state law, began moving forward with instituting the plan.

On Feb. 4, the Memphis City Council adopted the measures, which drew a swift reaction from republican lawmakers in the state.

First, let’s explore what the ordinance would do. First, it amends the city charter to state that no person can legally carry, store or travel with a handgun in the city without a valid carry permit. Obviously, that runs directly contradictory to Tennessee’s constitutional carry law, along with the state’s firearms preemption law.

The second part of the ordinance would ban common semi-automatic firearms, so-called “assault weapons,” in the city. Lastly, the ordinance sets up a process for a city red-flag law. Of course, like most such proposals, it likely wouldn’t protect the due process rights of gun owners who might suddenly find their Second Amendment rights restricted.

The beef that Republican lawmakers have with the Memphis gun-control push is the state’s firearms preemption law. That law states: “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.”

The law further states: “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.”

Since Memphis city leaders first cooked up the scheme, pro-gun lawmakers who were instrumental in passing the constitutional carry law have threatened the city if they didn’t put an end to the scheme. Now, according to a report at actionnews5.com, House Speaker Cameron Sexton is pushing legislation that would cut state funds to local governments that pass measures violating the state’s preemption law.

“We have had instances where locals try and undo state law, which they can’t do, or violate the state constitution, and we are elected like they are elected, but we have oversight, and we just want to make sure we all know what the ground rules are, the federal government does it to states all the time,” Sexton said.

In 2023, Memphis received nearly $78 million of its $858 million budget from the state’s sales tax revenue. If Sexton’s measure is passed and signed by the governor, the state could withhold those funds from Memphis this year.

“The process is if there is a violation of state law or the state constitution, we have the AG look at it and if there is a violation, then the locals have 30 days to fix it, if they don’t fix it within 30 days then state funds could be withheld,” Sexton said.

According to the report, Memphis Mayor Paul Young doesn’t believe it will come to that, as he doesn’t believe the city ordinance violates state law. Apparently, he hasn’t read the text of the law, or if he has he has reading retention problems.