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The Tennessee Conservative [By David Seal] –
The City of Memphis, Tennessee presumed that its voters were mind readers when it placed Ordinance 5908 on the November 5, 2024, ballot for a vote.
Essentially, the voters were asked to decide on a variety of gun control measures that could not be implemented unless the Tennessee Legislature changed various code sections to accommodate the Memphis gun control ordinance. (See page 4 of linked ballot, Ordinance 5908)
Typically, local ordinances like the one in Memphis take effect upon a change of state law that would trigger the effect of the ordinance. Thus, the name “trigger law.”
Fortunately for second amendment activists, and for citizens that wish to exercise their God-given right of self-defense, Memphis forgot to install the trigger in its ballot description of Ordinance 5908, essentially, a trigger law without a trigger.
Voters were expected to read the mind of the city council because the trigger was assumed, not specified in the ballot language.
Enter the Tennessee Firearms Association (TFA) and other gun rights activists, who aim to stop any sign of gun control in the state of Tennessee that would deprive citizens of their second amendment rights and ability to defend themselves or their family.
TFA filed a lawsuit to stop the ordinance from taking effect, should the legislature ever waiver on the right to keep and bear arms.
Within the many pleadings that have been filed by opposing parties in the case, Memphis opposed TFA’s MOTION FOR A TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND/OR PERMANENT INJUNCTION.
The city wants gun control with no outside interference from activists. Memphis especially seeks an unconstitutional red flag law that can be used to disarm citizens under questionable circumstances and without due process.
TFA contends, among many other things, that the voters of Memphis voted on a critically flawed and misleading ballot measure, stating in part:
“For starters, Defendant’s “Exhibit A” is not the language that was presented to and approved by Memphis voters. Rather, Defendant’s Exhibit A is a copy of Ordinance No. 5908 as adopted by the City Council on August 6, 2024. It is not a copy of the Memphis ballot5 that was submitted to voters on November 5, 2024. Tellingly, the “Section 10” that was adopted by the City Council is conspicuously absent from the ballot language that was presented to voters. In other words, what Defendant labels “the most critical provision of the Ordinance” (Opp. 3) in fact is not part of the voters’ charter amendments at all.”
A full copy of the TFA reply filed January 3, 2025, is linked here.
TFA is not alone in its criticism of the city’s gun control ordinance.
Tennessee Senator Brent Taylor (R-Memphis) issued a stinging letter stating that Memphis defrauded its own citizens on the ballot initiative. Likewise, Tennessee Senator Janice Bowling (R-Tullahoma) commended TFA for its lawsuit against Memphis.
The Tennessee Conservative News will follow this story as court decisions are made and future pleadings are filed.
About the Author: David Seal is a retired Jefferson County educator, recognized artist, local businessman, 917 Society Volunteer, and current Chairman of the Jefferson County Republican Party. He has also served Jefferson County as a County Commissioner and is a citizen lobbyist for the people on issues such as eminent domain, property rights, education, and broadband accessibility on the state level. David is also a 2024 winner of The Tennessee Conservative Flame Award & has received an accolade from the Institute For Justice for successfully lobbing the TN legislature to protect property rights. David can be reached at david@tennesseeconservativenews.com.
