(The Center Square) – A gun-rights group is suing the city of Memphis over a ballot referendum that bans the sale and possession of firearms deemed “assault rifles” and enacts a “red flag” law.
The referendum approved by voters on Nov. 5 also requires that anyone who carries a handgun must have a permit.
Gun Owners of America, Gun Owners Foundation and the Tennessee Firearms Association are suing the city to stop the law in U.S. District Court.
Red flag laws, also called “extreme risk protection orders,” would allow law enforcement officers to seize guns if they believe the owner is at risk of hurting themselves or others.
“The members and supporters of GOA and GOF and the members of TFA are subject to an unreasonable risk that they may be arbitrarily red-flagged under the city of Memphis’ illegal “extreme risk protection orders” and have armed agents appear at their homes to seize their firearms under an ordinance that is expressly preempted per Tennessee state law,” the groups said in the lawsuit. “The catastrophic risk of such encounters cannot be overstated, especially since state law expressly forbids Memphis’ enactment of the red flag provision challenged here.”
The organizations are asking the court to stop the city from enacting the order on Jan. 1 and declare it a violation of Tennessee code.
Nearly 80% of Memphis voters approved the measure, according to election results. State lawmakers said if the ordinance takes effect, they will withhold sales tax from the city.
“Subversive attempts to adopt sanctuary cities, allow boys in girl’s sports, limit 2A rights or other attempts will be met with stiff resistance,” House Speaker Cameron Sexton said in a social media post. “We hope they change course immediately.”
Memphis Councilman J.B. Smiley Jr. blasted the lawsuit on social media. He said residents would continue to fight to be “safe in our homes and our neighborhoods.”
“Opposition to gun reform, and consequently this lawsuit, is deadly, dangerous, and disrespectful to the people of Memphis, whom this will directly impact long after these out-of-state entities leave,” Smiley said in a post on X.
