Temper tantrums are something to be expected of a rebellious three-year-old. It may be amusing when a child of such a tender age throws themselves on the floor and kicks and waves their arms in frustration over not being allowed to do something.
It is a different story when the silly behavior is from an adult, and it is sad when the people throwing a fit are elected officials.
Unfortunately, that is the case with the Memphis City Council. Members displayed an unsightly tantrum over Tennessee officials protecting Second Amendment rights for those who obey the law.
Last week, the misguided council completely ignored both state statutes and court guidance as they approved multiple controversial ballot measures designed to infringe on constitutional rights. Politicians seek to amend the city charter with provisions that are entirely illegal under Tennessee’s preemption law.
This law, as Memphis officials well know, was passed for the express purpose of prohibiting precisely the type of illegal actions in which the city is engaged.
The Volunteer State could not be more apparent in safeguarding freedoms for its citizens. The National Rifle Association noted the specific language deployed by Tennessee lawmakers in guaranteeing that the state has the final say in upholding Second Amendment rights.
The law reads: “The General Assembly preempts the whole field of the regulation of firearms, ammunition, or components of firearms or ammunition, or combinations thereof including, but not limited to, the use, purchase, transfer, taxation, manufacture, ownership, possession, carrying, sale, acquisition, gift, devise, licensing, registration, storage and transportation thereof, to the exclusion of all county, city, town, municipality or metropolitan government law, ordinances, resolutions, enactments or regulation.”
Multiple courts across the U.S. have upheld the legality of such preemption laws, and Tennessee’s is ironclad.
That should be clear enough.
If it’s not, the preemption law further declares that no government entity in the state will act in any way to regulate firearms or ammunition. That is the job of elected officials in Nashville.
Again, similar preemption laws in other states have been challenged by anti-gunners, and courts consistently ruled that the state is well within its legal authority to reserve the governance of firearms and ammunition for itself.
This prevents an unworkable patchwork quilt of rules and regulations that would render activity perfectly legal in one town and a jailable offense in another.
But for Memphis’ leadership, the writing on the wall is still murky. That’s the only explanation for the assortment of anti-gun measures on the Election Day ballot for city voters to decide.
For example, the city wants to directly counteract Nashville’s passage of constitutional carry. The proposal asks voters if they wish to approve a new law prohibiting an individual from carrying, storing or traveling in the city with a handgun without a valid carry permit.
This is despite the state law that established this specific freedom.
City leaders also propose prohibiting individuals from having loaded or unloaded weapons in a vehicle or boat if they are not kept out of sight or locked in the trunk, a glove box or other secure container.
Voters will be asked if the city should ban so-called “assault weapons,” the popular sporting rifles enjoyed by millions of law-abiding Americans.
Yet another measure seeks to establish a citywide “red flag” law that fails to protect due process rights for its citizens. This is a widely criticized flaw apparent in many similar statutes nationwide.
It is clear that the city is merely grandstanding and appeasing those who would strip gun rights away from the very citizens who need them. Pursuing such frivolous ballot measures that will not hold up in court is a waste of both time and taxpayer dollars.
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