House Speaker Cameron Sexton and Lt. Gov. Randy McNally, threatening financial retribution for Memphis if the city goes through with ballot measures on guns in November. Secretary of State Tre Hargett followed up the missive by announcing his office would not approve the ballot unless the questions are removed.

The referendums would ask voters if they want to amend the city charger to restore handgun carry permit requirements, ban rifles like AR-15s and impose “red flag” rules to allow authorities to remove firearms from possession of people found to be a threat to others.

“The Legislature will not tolerate any attempts to go rogue and perform political sideshows,” the speakers said in a statement.

Sexton and McNally argue the measures conflict with state laws, which preempt local ordinances. If the city allows the measures to go to a vote, Republican state lawmakers plan to pursue legislation to withhold state shared sales taxes that would otherwise flow to Memphis. The city received $78 million from that source in the most recent budget year.

“With the recent actions of the progressive, soft-on-crime DA in Shelby County and the Memphis City Council’s continued efforts to override state law with local measures, we feel it has become necessary to take action and protect all Tennesseans’ rights and liberties,” Sexton said in a statement. “We hope they will change course immediately.”

“The Tennessee Constitution clearly outlines the roles and responsibilities of the state and local governments,” McNally said. “Shelby County needs to understand that despite their hopes and wishes to the contrary, they are constrained by these explicit constitutional guardrails.”

While the prospects for any of the measures to survive a legal challenge are dim, Republicans worry that their placement on the ballot could drive voter turnout in the city and make it more difficult for swing-district members like Republican Rep. John Gillespie to hold onto his seat.

Hargett said it was “common sense” for the elections office to block the referendums.

“Memphis has no authority to circumvent state law,” he said. “Our office will not approve a ballot with items already preempted by state law.”

Allan Wade, the attorney for the city council, in a letter to the Shelby Election elections administrator last week said the state local election commission did not have the authority to stop the votes. He cited a 2004 state Supreme Court ruling that found the state couldn’t block a 2004 ballot question about whether the city should impose a payroll tax. The item went before the votes, who rejected it by nearly a 3-to-1 margin.

Sexton and McNally’s proposed punishment would be modeled on a similar law enacted in Arizona in 2016 that provides for the state to withhold local funding if cities pass an ordinance that “violates state law or the constitution of Arizona.” 

Memphis City Council member Jeff Warren told the Daily Memphian there appears to a be “misunderstanding” of what the referendums seek to accomplish.

“This particular bill that we’re putting through won’t be enacted until the state writes laws that allow us to do it,” he told the publication. “And we’re hoping that if the legislators see a large number of millions saying we think we need this, then we hope that what they will do is pass laws that allow cities over a certain size to be able to do the things that are in this referendum.”

Democratic lawmakers from Memphis expressed frustration at the Republican ultimatum.

“It’s beyond troubling that Tennessee Republicans would resort to threats of withholding tax revenue from Memphis simply because our community wants a say in protecting itself,” said Senate Democratic Caucus Chair London Lamar.

“The people of Memphis, like those in other large cities across Tennessee, are desperate for solutions to reduce gun violence,” said Senate Democratic leader Raumesh Akbari. “What we need now is a good faith partnership wit the state, not threats that jeopardize our already scant funding resources.”

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