Memphis putting gun control measures up to city voters!!!

[The Legion]

Memphis putting gun control measures up to city voters!!!

https://wreg.com/news/local/memphis-putting-gun-control-measures-up-to-city-voters/

MEMPHIS, Tenn. — Memphis City Council approved a referendum Tuesday to ask voters whether they would support regulations on firearms in the city.

The slate of questions will appear on ballots for the Nov. 5 election. All council members present Tuesday voted in favor on the ordinance’s third and final reading.

Those questions ask voters whether they approve amending the city’s charter to require a handgun permit, restrict storage of guns in vehicles in many cases, ban assault weapons sales after Jan. 1, 2025 and enact extreme risk protection orders.

The language is below:

QUESTION NO. 1:
Shall the Charter of the City of Memphis be amended to read:

1. No person shall be allowed to carry a handgun in the City of Memphis without possessing a
   valid handgun carry permit.
2. 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.
3. 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.

QUESTION NO. 2:
Shall the Charter of the City of Memphis be amended to read:

1. The citizens of Memphis hereby find and declare that the proliferation and use of assault
   weapons pose a threat to the health, safety, and security of all citizens of Memphis.
2. Hereafter, it shall be unlawful and prohibited for a person to possess or carry, openly or
   concealed, any assault rifles in the City of Memphis. Persons with valid handgun permits are
   exempt from this restriction when possessing or carrying an assault rifle on their privately owned property or at a shooting range.
3. Hereafter, the commercial sale of assault rifles within the City of Memphis is unlawful and is
   hereby prohibited.
4. The provisions of this Chapter shall not apply to the commercial sale of assault rifles to:
   Page 3 of 8
   4.1 Any federal, state, local law enforcement agency;
   4.2 The United States Armed Forces or department or agency of the United States;
   4.3 Tennessee National Guard, or a department, agency, or political subdivision of a state; or
   4.4 A Law Enforcement Officer.
5. Pre-existing owners that can demonstrate that the commercial sale of an assault rifle was
   completed prior to the Effective Date of January 1, 2025, which means that prior to January 1,
   2025, the purchaser completed an application, passed a background check, and has a receipt or
   purchase order for said purchase, without regard to whether the purchaser has actual physical
   possession of the Assault Rifle, shall be considered a pre-existing purchaser.

        

QUESTION NO. 3:
Deals with Extreme Risk Protection Orders, which would prohibit someone from possessing, using, or purchasing a firearm if there is a risk of harm to another person.

 

Measures like these have been consistently voted down in the Tennessee General Assembly.

Memphis City Council began considering a referendum on gun control last May, saying the city of more than 600,000 residents faced a situation unique among Tennessee’s more rural towns and counties.

“What’s good for 97 other counties is not right for us, and we’re being abandoned by current laws and we’re bleeding for it. It’s a public health emergency,” said Councilman Jeff Warren, who sponsored the referendum, last year.

Memphis recorded a record 398 homicides last year, the third record set in four years.

Some city officials, including those in law enforcement, have placed part of the blame for the increase in killings on recent state laws allowing guns to be stored in vehicles, among other measures that expanded gun carry rights.

[AuEagle]

dem/lib/soc/comm's at work. scum, all of them, wherever dem's run the area/city, it becomes a sh&*h%$e.

[Chucktshoes]

I mean, they can try. But their understanding of the constitutional legality of these measures are just as firm as their knowledge of how many counties are in the state of TN. 

[Garufa]

7 minutes ago, Chucktshoes said:

I mean, they can try. But their understanding of the constitutional legality of these measures are just as firm as their knowledge of how many counties are in the state of TN. 

Regardless of constitution, the state claimed all oversight of guns laws several years ago, as you are aware.  They know this but are too inept to do anything else.

My ideas, as much as I hate to say it, are without a doubt unconstitutional.  A big chunk of my birthplace needs to be walled off and forsaken.

[DHF]

I wonder what it would cost to divert the Mississippi and give it to Arkansas.  I guess if we could move the river, we should just have it run through Memphis.  And if that works, Nashville is on a river as well.

[Grayfox54]

Its all show. Trying to convince voters that they're trying to do something about crime. They know very well it'll never fly. But they get that good old victim outrage when it gets publicly shot down. 

IIRC they tried something along these same lines a couple of years ago and the State Attorney General set 'em straight real quick. I hope he repeats that. 

[Worriedman]

This is what they will face if they try to enforce the sure to be passed issues:
 

39-1701314 (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; or

(ii) The creation or maintenance of a record, database, registry, or collection of records, in violation of § 39-17-1305, by a state or local government entity, official, employee, or agent.

(B) The adversely affected party may seek:

(i) Declaratory and injunctive relief; and

(ii) Damages, as provided in subsection (i).

(2) This subsection (g) shall apply to any ordinance, resolution, policy, rule, or other enactment that is adopted or enforced on or after July 1, 2017, or any record, database, registry, or collection of records that is made or maintained on or after July 1, 2021.

(h) As used in subsection (g), a party is “adversely affected” if:

(1) The party is an individual who:

(A) Lawfully resides within the United States;

(B) May legally possess a firearm under Tennessee law; and

(C) Is or was subject to the ordinance, resolution, policy, rule, or other enactment or was included as an entry on a database, registry, or collection of records, that is the subject of an action filed under subsection (g). An individual is or was subject to the ordinance, resolution, policy, rule, or other enactment if the individual is or was physically present within the boundaries of the political subdivision for any reason; or

(2) The party is a membership organization that:

(A) Includes two (2) or more individuals described in subdivision (h)(1); and

(B) Is dedicated in whole or in part to protecting the rights of persons who possess, own, or use firearms for competitive, sporting, defensive, or other lawful purposes.

(i) A prevailing plaintiff in an action under subsection (g) is entitled to recover from the county, city, town, municipality, or metropolitan, state, or local government entity the following:

(1) The greater of:

(A) Actual damages, including consequential damages, attributable to the ordinance, resolution, policy, rule, enactment, database, registry, or collection of records; or

(B) Three (3) times the plaintiff's attorney's fees;

(2) Court costs, including fees; and

(3) Reasonable attorney's fees; provided, that attorney's fees shall not be awarded under this subdivision (i)(3) if the plaintiff recovers under subdivision (i)(1)(B).

[Worriedman]

39-17-1314  This is what they are NOT allowed to do:
(a) 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.

They are allowed to do this:
 

(b) A city, county, town, municipality or metropolitan government is expressly authorized to regulate by ordinance, resolution, policy, rule or other enactment the following:

(1) The carrying of firearms by employees or independent contractors of the city, county, town municipality or metropolitan government when acting in the course and scope of their employment or contract, except as otherwise provided in § 39-17-1313;

(2) The discharge of firearms within the boundaries of the applicable city, county, town, municipality or metropolitan government, except when and where the discharge of a firearm is expressly authorized or permitted by state law;

(3) The location of a sport shooting range, except as otherwise provided in §§ 39-17-316 and 13-3-412. To the extent that a city, county, town, municipality, or metropolitan government has or enforces any regulation of privately owned or operated sport shooting ranges, the city, county, town, municipality, or metropolitan government shall not impose greater restrictions or requirements on privately owned or operated ranges than are applicable to any range located within the same unit of local government and owned or operated by a government entity. A party may challenge any regulation of a sport shooting range that violates this subdivision (b)(3) in the manner described in subsection (g); and

(4) The enforcement of any state or federal law pertaining to firearms, ammunition, or components of firearms or ammunition, or combinations thereof, except as prohibited by § 38-3-115.

They are doing a bang-up job on (b) (2)...

[Grayfox54]

Mr Archie, you know all the right people. Maybe TFA could light a fire under the Attorney General to put a quick end to this stupidity? Memphis needs a good smack upside the head now and then. Besides it would save time and money by foregoing the inevitable law suits.  

Frankly, if this should make onto the ballot, I'm not so sure it would pass. The citizens of Memphis are fed up with crime. I don't think they'll  go for anything that further restricts their ability to protect themselves. 

[Worriedman]

9 minutes ago, Grayfox54 said:

Mr Archie, you know all the right people. Maybe TFA could light a fire under the Attorney General to put a quick end to this stupidity? Memphis needs a good smack upside the head now and then. Besides it would save time and money by foregoing the inevitable law suits.  

Frankly, if this should make onto the ballot, I'm not so sure it would pass. The citizens of Memphis are fed up with crime. I don't think they'll  go for anything that further restricts their ability to protect themselves. 

That call has been made, we are waiting on a reply.

Actually, I hope they let it go forward as we will sue and win, as will FPC, GOA, 2nd Amendment Foundation, NAGR and maybe even the slothful NRA as it might make them some money.

[Worriedman]

12 minutes ago, Grayfox54 said:

 

Frankly, if this should make onto the ballot, I'm not so sure it would pass. The citizens of Memphis are fed up with crime. I don't think they'll  go for anything that further restricts their ability to protect themselves. 

I have a feeling it will pass with flying colors.