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Election commission won’t place Memphis gun control referendum on ballot

(The Center Square) – The Shelby County Election Commission decided it would not put three ballot referendum questions on the Nov. 5 ballot after state leaders pushed back against those ballot questions.

Election Commissioner Mark Luttrell said the commission would follow direction from Tennessee Coordinator of Elections Mark Goins’ letter stating the questions could not be placed on the ballot because they are facially pre-empted by state law.

Luttrell added that commissioners wouldn’t make further comment on the decisions because “litigation is anticipated.”

“We will follow the direction that has been given to us by the state coordinator of elections,” Luttrell said at a special meeting of the commission.

Luttrell called it an “unprecedented situation” that led House Speaker Cameron Sexton to threaten to withhold shared state sales tax from Memphis if the referendum were on the Nov. 5 ballot.

Memphis received $78 million in shared sales tax last budget year, according to State Affairs.

The ballot questions ask about preventing individuals from carrying a handgun without a permit, banning the sale or possession of “assault rifles” in most cases with some exceptions and the addition of extreme risk protection orders, often referred to as red flag laws.

The ballot initiatives conflict with state law, which allows for permitless carry, monitoring firearm sales and prevents red flag laws.

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