Memphis Pushes for Stricter Gun Laws with New Referenda, Despite State Opposition and Legal Challenges

    Referenda concerning firearms and protocols focused on gun safety are on the ballot this November for Memphis. House Speaker Sexton, however, attempted in August to block these referenda by threatening to cut Memphis’ sales tax revenue, which sparked a lawsuit from the Memphis City Council.

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    “It's just a vote. You cannot deny anybody the right to vote, and that doesn't mean it's going to be enacted,” County Commissioner and high school teacher Erika Sugarmon said.

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    Shelby County commissioners voted 8-3 in support of the lawsuit, which resulted in the Shelby County Election Commission stepping down and allowing the measures to reach the ballot.

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    The main controversy with the referenda is because they don’t align with state laws. In 2021, Gov. Bill Lee signed a permitless carry bill into law, making it so individuals do not need to pass background checks to purchase firearms, which is a concern for Memphis according to Sugarmon.

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    “Yes, the state says you can have a gun, but you have to be responsible, a responsible gun owner, and you're finding a lot of these guns in the street are stolen guns, for example, from people's cars,” she said.

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    Memphis has a poverty rate at 22.6%, which Sugarmon says plays a part in crime and gun-related crimes.

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    “We have a lot of disadvantaged citizens and, a lot of times, they'll start off with just stealing to provide for their family, and it just continues to escalate. And so, we've got to really focus on the issue, the problem, we're not and the issue is poverty. And so long as we have a huge amount of poverty in Memphis, Shelby County, we're going to see crime high the way it is,” Sugarmon said.

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    The measures on the ballot this election cycle focus on the growing concern of stolen firearms, individuals mishandling firearms, as well as banning AR-15-style firearms.

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    “You've heard about all this gun violence at schools and things of that nature, and they're usually in affluent areas, so they have access to guns. But they’re also finding that there's some type of component of mental health issues, and so that is a concern,” she said.

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    If implemented, this measure would grant courts the ability to seize firearms from individuals who are a risk to themselves or others, known as a red-flag law.

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    The next referendum states that individuals cannot store a handgun in a car with ammunition in the gun or the vehicle, they also must have a permit.

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    “In my district in particular, we're number one in car thefts. And a lot of times in the cars, people will store their guns. You know, if you have a gun in a car, just take it inside at night,” Sugarmon said.

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    The third and longest measure on the ballot bans the possession and carrying of assault rifles. Individuals who already own assault rifles would be allowed to keep them unless they fail a background check. This referendum also prohibits the sale of assault rifles in Memphis.

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    “Maybe a year or so ago, there was an individual walking around with an assault weapon, and that's very threatening,” she said. “And suppose this person is not mentally stable, or somebody upsets him and triggers something, you know, we don't need someone walking around with an assault weapon.”

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    Memphis is a blue county in a red state, which creates disagreements in the governing of Memphians compared to Tennessee as a whole, like the gun referenda. Sugarmon believes the referenda will pass with the majority votes.

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    “You have a state that feels like they can, you know, limit your constitutional rights whenever they feel like it, whether it's elected official, whether it's protesters or whomever. And so unless you exercise your rights, you lose them,” she said.

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    As a 12th-grade government teacher, Sugarmon has taught students the impacts of the government, the role it plays in Americans lives, and the importance of voting in every election, not just the presidential one.

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    “I was talking to some students maybe 10 years ago, they said ‘I'm very concerned about Roe v Wade…’ And now, all these things are being overturned one by one. And so, I hear young people saying, ‘That doesn't impact me. I'm not worried about it.’ But if you don't stand up now, one day is going to be an issue that you are worried about.”