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Shelby County Election Commission blocks gun control referendum from November ballot

Shelby County Election Commission blocks gun control referendum from November ballot

MEMPHIS, Tenn. (WMC) – A back-and-forth over gun laws in Memphis appears to be over, as the Shelby County Election Commission has decided not to allow a gun control referendum on the November ballot.

The electoral commission said it was following the instructions of the state electoral coordinator.

“We will follow the direction of the state election coordinator,” said Mark Luttrell Jr. of the Shelby County Election Commission. “It is the responsibility of the local election commission coordinator to implement the direction of the state coordinator.”

Locals who showed up for the specially called meeting on Tuesday told Action News 5 they left disappointed.

This week saw another showdown between the state of Tennessee and the city of Memphis over gun control.

“I mean, as an election commission that includes several lawyers, you would think they would know the legal situation regarding referendums and would be more resistant to it,” says Amber Sherman, regional organizer for Black Voters Matter.

This all comes one day after Tennessee's Lieutenant Governor, Speaker of the House and Secretary of State declared that state law overrides the measures proposed in the bill.

“They don't want to ask voters that question because they don't want to know the answer,” said Memphis resident Alex Hensley.

The measures rejected in the referendum were:

  • Reintroduction of firearms licenses and demand for safe storage
  • Ban on future sales of assault rifles
  • Creation of a “Red Flag” law that allows for the confiscation of weapons through protective orders in cases of extreme risk

Hensley said she still wants to see the measures on the ballot. She said gun violence in Memphis needs to stop, especially as murders continue.

“But they want it to continue seemingly like this,” she said. “So I definitely think this is going too far.”

Local residents said they wanted to see more resistance.

“We have the right as a city, as an independent municipality, to put referendums to the vote if we want to,” Sherman said. “As if that's our right and these empty threats aren't going to accomplish anything, so I hope they sue.”

Tennessee House Speaker Cameron Sexton said Monday that the state could lose about $78 million in sales tax revenue if the referendum were put to a vote.

Sherman called this threat “empty.”

“I think they're setting a precedent that we can't do anything,” she said. “You can't ask questions, let alone pass a law. We want you to know that we, the state, have control over you, even if they don't. We have home rule and other options, but they want to shut all that down, and if you try to do anything, we'll take away your sales tax.”

Action News 5 reached out to members of the Memphis City Council.

Council Vice Chairman J. Ford Canale said the council passed the measures, which will now be put to a vote, to seek the opinion of voters.

He said the council did not want to put these measures to a vote to override state laws or violate Second Amendment rights.

Canale said the referendum result will show state lawmakers what Memphis residents think about policies such as carrying guns without a permit.

He said the city council ultimately wants to increase the city's safety and ensure that gun owners handle their firearms safely and store them properly.

There is no information on whether the city will take legal action.

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