Speakers of Tennessee's House and Senate are threatening to punish Memphis by cutting off its share of sales tax revenue – more than $75 million – if voters pass referendums restricting gun use, a move that will likely force Memphis to sue the state.
The Republican politicians, House Speaker Cameron Sexton of Crossville and the lieutenant governor of Oak Ridge, announced in a press release Monday that the legislature “will not tolerate attempts to act on its own initiative and engage in political sideshows.” Their statement said they plan to withhold state sales tax for any local governments that attempt to circumvent state law.
The speakers' move comes in response to referendums scheduled for the November ballot in Memphis that will ask voters whether they approve changes to the city's charter that would require a gun permit, restrictions on keeping guns in cars, a ban on assault weapons after Jan. 1 and the authority to enact extreme-risk protection ordinances, often referred to as “red flag laws.” Following the statements from Republican party leaders, Tennessee Secretary of State Tre Hargett said his office would not allow the referendums to go forward, which, according to multiple reports, virtually guarantees a lawsuit.
A letter from Tennessee State Election Commissioner Mark Goins to Shelby County Commission Chairman Mark Luttrell on Monday said state law preempts gun laws and extreme protection orders from local ordinances and leaves the City of Memphis “no authority” to propose charter changes on the matter, so any referendum “would be manifestly void and cannot be put to a vote.”
But City Council President JB Smiley said Monday, “We believe we are doing the right thing legally.” If the council grants him authority, he will instruct the city's attorney to file a writ of declaratory judgment with the Chancery Court to put the questions on the ballot, he said.
Memphis City Councilman Jeff Warren, who sponsored the referendum resolutions, said he believes Sexton and McNally are confused on the issue because the referendums would “enable” measures that could not go into effect without the approval of state lawmakers. Smiley agrees with Warren, saying the City Council must also decide on the referendums.
“We hope the state legislature will look at this and say, 'You're trying to combat violent crime by doing something about the people who have guns but don't need them and are using them to commit crimes,'” Warren said.
The local government can only enforce these decisions with state support, he said.
Warren, a doctor by profession, noted that people in rural areas are more likely to need guns to protect their crops and livestock from pests. But in urban areas like Memphis, the situation is different: There, people “drive around in their cars, do doughnuts, and have AK-47s hanging from their cars.”
Still, the House Speaker's office maintains that Memphis should not try to pass such measures unless they have the force of law. It also believes it is a tactic to increase voter turnout in November, potentially affecting low-support Republicans like Rep. John Gillespie of Memphis.
“In light of the recent actions of the progressive, lenient (district attorney) in Shelby County and the ongoing efforts of the Memphis City Council to override state law through local action, we believe it is necessary to take action and protect the rights and freedoms of all Tennessee citizens. We hope they will change course immediately,” Sexton said in the statement.
McNally echoed that sentiment, saying, “The Tennessee Constitution clearly outlines the roles and responsibilities of state and local governments. Shelby County must understand that, despite its hopes and desires to the contrary, it is bound by these explicit constitutional guardrails.”
The Republican-controlled legislature has refused to pass such proposals over the past two years, despite a mass shooting at Nashville's Covenant School that killed six people, including three nine-year-olds, in March 2023.
Politicians in Memphis say they are looking for a solution to an “epidemic” of gun violence that escalated after the state General Assembly passed a law allowing people to carry handguns without a permit.
Smiley, chairman of the Memphis City Council and co-sponsor of the referendums, said it was illegal for the state legislature to withhold tax revenue from Memphis and Shelby County.
Smiley claimed, “It's undemocratic if we don't want to listen to the people,” noting that the council's actions did not violate state law, calling the speakers' statements “premature.”
“If they believe they have the right to withhold tax revenues properly due to the city of Memphis, we would like to see what the judges say about that,” Smiley said, predicting that such action by the legislature would be deemed unconstitutional.
The state lost several court battles with Nashville over the past two years after attempting to control Davidson County's sports, airport and fair authorities, as well as reduce the number of city council members from 40 to 20.
The state's Republican legislators have been at loggerheads with Democrats in Memphis for several years, and earlier this session passed a measure rolling back a Memphis ordinance designed to prevent police from conducting “mock” traffic stops for minor violations that can lead to confrontations. The council passed the measure in response to the death of Tyre Nichols, who died after being beaten by five Memphis police officers while being pulled over for reckless driving in January 2023.
In addition, Sexton and Republican Sen. Brent Taylor of Memphis are trying to oust Democratic Shelby County District Attorney Steve Mulroy for failing to effectively prosecute crime suspects. Yet recent reports show that Memphis' crime rate has dropped over the past year.
On Monday, Memphis lawmakers reacted angrily to the speakers' statements, calling them a form of blackmail.
Democratic Rep. Justin J. Pearson of Memphis said withholding state tax money would lead to a lawsuit. Pearson was one of two lawmakers expelled from the Legislature for leading a protest in the House for stricter gun laws in 2023 in response to the Covenant School shooting. The Memphis City Council sent him back to the General Assembly a week later.
Pearson claims Sexton and McNally “cannot help but interfere in the affairs of local governments in an unconstitutional and anti-constitutional manner.” The new MP called their announcement “ridiculous, reckless and racist” and also described their actions as “tyrannical and authoritarian.”
He pointed out that Sexton is now saying that a “majority black city cannot govern itself” after he and Rep. Justin Jones of Nashville, both young black men, were expelled from the state General Assembly.
Pearson pointed out that the nation was founded on the concept of “no taxation without representation,” but speakers wanted to take away Memphis' state tax dollars because of the possibility that the city's voters might disagree on gun laws.
Democratic Sen. London Lamar of Memphis accused Republican lawmakers of “dismantling” gun laws and allowing guns to “swamp” the state while “turning a blind eye” to the impact on families and neighborhoods. Under the leadership of Gov. Bill Lee, the Legislature passed a law allowing people to carry handguns without a permit and lowered the minimum age to 18 under a settlement between the state's attorney general and a group that sued the state.
Gunshot wounds are now the leading cause of death among children in Tennessee, she said.
“The election reforms Memphis voters are considering are common-sense measures designed to curb this epidemic of violence,” Lamar said. “Our community is crying out for solutions, and instead of receiving support, we are being intimidated by the state's politicians who should be our partners in ensuring safety and justice.”
Democratic Minority Leader in the House of Representatives Karen Camper also sharply criticized the speakers' move, pointing out that Shebly County generated $2 billion in sales tax revenue last year.
“The proposal to withhold these vital funds based on a local decision to ensure public safety is shortsighted and counterproductive,” she said in a letter to McNally and Sexton.
