Last week voters in Memphis overwhelmingly gave their approval to three local ordinances that, if enacted by the City Council, would clearly violate Tennessee's firearm preemption law. The measures include a ban on carrying a concealed firearm without a license, a ban on the commercial sale and possession of so-called assault weapons (a term the referendum failed to define, incidentally), and the creation of a local "red flag" gun seizure ordinance. 

Now Gun Owners of America and the Tennessee Firearms Association have filed suit over the ordinances approved by the voters. In their complaint, the 2A groups note that the ballot referendum included language stating the ordinances would "take effect... on January 1, 2025" because the questions were "approved by a majority of voters voting thereon in an election to be held on the 5th day of November, 2024". 

GOA and TFA are seeking an injunction to block the local gun control ordinances from taking effect on January 1. Their complaint acknowledges that members of the city council, the mayor, and other public officials have stated that the results of the referendum do not have the force of law, and they "can't actually implement the things that are being passed in these referendums" (quoting Memphis Mayor Paul Young), but contends that despite those claims the ballot referendum's language says the measures will take effect without further action if approved by the voters. 

But "further action" is coming, at least according to one member of the city council. 

Memphis City Councilman JB Smiley announced that the city council is crafting a trigger law ordinance after Memphians overwhelmingly voted in support of three gun control measures on Election Day.

Smiley confirmed the ordinance is “forthcoming” during Shelby County Commissioner Erika Sugarmon’s community forum on crime and resource disparities Wednesday night.

He also told the crowd that Memphians need to be vocal about what they voted for when the state comes back to threaten city leaders regarding these proposals for local gun control. 

... Councilman Dr. Jeff Warren sponsored the three ballot questions. He said with voters' support, Shelby County leaders can fight to convince other state lawmakers to remove Memphis from the state’s open carry law.

The trigger law ordinance that Smiley mentioned would keep the gun control measures approved by voters from being enforced until the Tennessee legislature repeals the current firearms preemption law or grants a carveout for Memphis, neither of which are likely to happen anytime soon. 

And while Section 5 of the voter referendum says the new ordinances will take effect on January 1 if approved by voters, Section 10 of the referendum states "the adoption of this Referendum Ordinance shall take effect from and after the date it has been passed by the City Council, signed by the Chairman of the Council, certified and delivered to the Office of the Mayor in writing by the Comptroller, and become effective as otherwise provided by law."  

Memphis officials have been telling the public the gun ban, "red flag" law, and the carry permit requirements won't actually take effect, but the referendum language does give them some wiggle room if they decide to change their mind and launch a direct attack on the preemption statute. 

If the city council follows through with the plan to adopt a trigger law ordinance, GOA and TFA's litigation will likely be mooted. If, on the other hand, local politicians decide to use the results of the referendum to directly challenge the state's preemption law, the new lawsuit is already in place.