November 18, 2024
Tennessee Firearms Association and Gun Owners of America sue City of Memphis regarding firearms ordinances.
On November 13, 2024, the Tennessee Firearms Association filed a
lawsuit (copy on TFA website) against the City of Memphis seeking to enjoin three
recently enacted ordinances that violate Tennessee’s preemption
statutes which reserve to the state the exclusive authority to regulate
firearms issues. TFA was joined in the filing by Gun Owners of
America, Gun Owners Foundation, and Ty Timmermann.
On November 5, 2024, the City of Memphis adopted by referendum
Ordinance 5908 which contained three new gun control measures: (1) a ban
on unlicensed handgun carry, whether on one’s person or within one’s
vehicle, and a requirement that firearms stored in an unattended vehicle
be locked out of plain view; (2) a ban on the possession and commercial
sale of “assault rifles,” an undefined term; and (3) an “extreme risk
protection order” or so-called “red flag” law authorizing the issuance
of court orders to search and seize firearms from individuals who have
committed no crime but nevertheless are deemed to be “dangerous”
following an ex parte hearing.
The filing also requested that the trial court in Shelby County enter
a temporary restraining order enjoining the enforcement of these
unlawful ordinances which are declared to go into effect on January 1,
2025. The lawsuit and the request for the temporary restraining order
assert that the actions of the City of Memphis in writing, proposing and
then adopting these ordinances violate Tennessee Code Annotated §
39-17-1314(a) as well as a law adopted in 2024 which further underscored
that local governments – like Memphis – have no authority to enact “red
flag” laws. See, Tennessee Code Annotated § 39-17-1329(b).
Copies of the complaint and the memorandum supporting the request for a temporary restraining order are available on the TFA's website.
If you are interested in helping fight these clearly illegal and unconstitutional acts by Memphis, you can do so by:
- joining
TFA as a member (or renewing your membership) if you are not already a
member. This would be particularly important if you live in or travel
to Memphis and you would want to be considered as a representative
plaintiff.
- if you are already a member of TFA, you can support this effort with a financial contribution that would help fund the litigation efforts.
- You can also make a tax deductible donation
to the Tennessee Firearms Foundation (a 501c3 charity) which has
increasingly engaged in or supported public interest litigation on
matters such as this.
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