Lawmakers in the deep-red state are warning the Democratic stronghold that its City Council is overstepping its authority and defying the state constitution.

The ballot measures approved for the Memphis City Council earlier this year are in direct conflict with Tennessee’s gun laws. If the city goes through with giving the voters an option to enact the laws, legislators are threatening to do one of two things: not approve the city’s ballot or withhold tens of millions of dollars coming from the state’s sales tax.

Memphis, which operates on an $857 million budget, received $78 million from the state last year.

“The Tennessee Constitution clearly outlines the roles and responsibilities of the state and local governments,” Senate Speaker Randy McNally said in a statement. “Shelby County needs to understand that despite their hopes and wishes to the contrary, they are constrained by these explicit constitutional guardrails.”

One of the ballot measures proposes requiring gun owners to have a permit in order to carry a permit. This measure goes against a 2021 law signed by Gov. Bill Lee (R-TN) that allows people to carry guns without a permit.

Another ballot measure would ban the ownership of AR-15-style rifles, and another one would put in place a “red flag” ordinance, giving law enforcement the ability to remove firearms from people found to be in danger to themselves or others. Back in May, a state law banned cities and counties from implementing “red flag” laws.

“Common sense says local governments can’t override state law to give a 12-year-old a driver’s license, and they can’t override other state laws either,” Secretary of State Tre Hargett said in a statement. “Memphis has no authority to circumvent state law. Our office will not approve a ballot with items already preempted by state law.”

In spite of the threats, Memphis City Council officials said they planned to move forward with the measures. While the measures may not actually be implemented, Councilman Chase Carlisle said they give residents the opportunity to express their opinions about how to handle firearms to the state legislature.

“This is an opportunity for citizens in Memphis to speak,” Carlisle said during a committee meeting in 2023 when the measures were first being considered. “Whether it’s enforceable by the constitution or not, I think, is moot.” 

“It’s an opportunity for the General Assembly, whether they choose to listen or not, to understand where we are as a municipality. And to give voice to the people,” he said.

These measures came after the city experienced a record-breaking 398 homicides and more than 14,000 burglaries in 2023.