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Inside the Republican Move to Block Memphis Taxes Over Guns

Tennessee’s House and Senate speakers are threatening to punish Memphis by cutting its share of sales tax revenue — more than $75 million — if the city puts referendums on the November ballot restricting weapons, a move likely to force Memphis to sue the state.

Continuing a feud with the Democratic-controlled Bluff City, Republican leaders House Speaker Cameron Sexton (R-Crossville) and Lt. Gov. Randy McNally (R-Oak Ridge), announced Monday in a news release the legislature “will not tolerate any attempts to go rogue and perform political sideshows.” Their statement says they plan to withhold state shared sales tax to any local government that tries to circumvent state laws. 

The speakers’ move comes in response to referendums set for Memphis’ November ballot asking voters whether they approve amendments to the city charter requiring a handgun permit, restrictions on gun storage in cars, an assault weapons ban after Jan. 1, and authority to enact extreme risk protections orders often referred to as red flag laws.

Following the Republican leaders statements, Tennessee Secretary of State Tre Hargett said his office won’t allow the referendums, all but guaranteeing a lawsuit, according to multiple reports. 

A Monday letter to Shelby County Commission Chairman Mark Luttrell from Tennessee Elections Administrator Mark Goins says state law preempts firearms regulation and extreme orders of protection from local ordinances and leaves “no authority” for the city of Memphis to propose charter amendments on them, thus any referendum would be “facially void and cannot be placed on the ballot.”

But Memphis City Council chairman JB Smiley said Monday, “We believe we’re right on the law.” If the council gives him the authority, he said he will instruct the city’s attorney to file for a declaratory judgment in Chancery Court to put the questions on the ballot.

House Speaker Cameron Sexton during the start of 2024 legislative session on January 9, 2024 in Nashville, Tenn. (Photo: John Partipilo)

Memphis City Councilman Jeff Warren, who sponsored the referendum resolutions, said he believes Sexton and McNally are confused on the issue, because the referendums would be “enabling” measures that couldn’t take effect without the approval from state lawmakers. Smiley agrees with Warren, saying the council would have to act on the referendums, too.

“What we’re hoping will happen is the state legislature will look at this and say, … ‘They’re trying to combat their violent crime by being able to do something about these people with these guns that don’t need them and are using them to commit crimes,” Warren said.

The local government would be able to enforce those resolutions only with state backing, he said.

Warren, a physician by trade, noted people in rural areas are more likely to need weapons to protect crops and livestock from varmints, but that the situation is different in urban areas such as Memphis, where people are “driving around in cars, doing donuts with AK-47s hanging out the car.”

Still, the House Speaker’s Office contends Memphis shouldn’t be trying to pass such measures if they don’t have the effect of law. It further believes they are a tactic to drive voter turnout in November, possibly affecting Republicans with marginal support such as Rep. John Gillespie (R-Memphis). 

“With the recent actions of the progressive, soft-on-crime (district attorney) in Shelby County and the Memphis City Council’s continued efforts to override state law with local measures, we feel it has become necessary to take action and protect all Tennesseans’ rights and liberties. We hope they will change course immediately,” Sexton said in the statement.

McNally echoed the sentiment, saying, “The Tennessee Constitution clearly outlines the roles and responsibilities of the state and local governments. Shelby County needs to understand that despite their hopes and wishes to the contrary, they are constrained by these explicit constitutional guardrails.” 

The Republican-controlled legislature has declined to pass any such proposals the past two years despite a mass shooting at The Covenant School in Nashville where six people, including three 9-year-olds, were killed in March 2023.

Memphis leaders say they’re searching for a solution to an “epidemic” of gun violence that escalated after the state’s General Assembly passed a permit-less handgun carry law.

Memphis Council member JB Smiley, Jr. (Photo: John Partipilo)

Memphis City Council chairman Smiley, co-sponsor of the referendums, said the legislature can’t legally withhold Memphis and Shelby County tax revenue.

Smiley contended “it’s anti-democratic if we don’t want to listen to the people,” and noted the council’s actions have not violated state law. He called the speakers’ statements “premature.”

“If they believe they’re within their right to withhold tax revenue that’s duly owed to the city of Memphis, we would like to see what the judges say,” Smiley said, predicting such action by the legislature would be found unconstitutional.

The state lost a handful of court battles with Nashville over the past two years after trying to control Davidson County’s sports, airport, and fairground authorities, in addition to cutting the number of Metro Council members from 40 to 20.

Republican state lawmakers have been at odds with Memphis Democrats for several years and passed a measure earlier this session turning back a Memphis ordinance designed to stop police from making “pretextual” traffic stops for minor violations that can lead to confrontations. The council approved that measure in response to the death of Tyre Nichols who died after being beaten by five Memphis police officers when he was stopped for reckless driving in January 2023.

In addition, Sexton and Republican Sen. Brent Taylor (R-Memphis) are trying to oust Shelby County District Attorney General Steve Mulroy, a Democrat, claiming he isn’t prosecuting criminal suspects effectively. Even so, the latest reports show the crime rate dropped in Memphis over the last year.

State Rep. Justin J. Pearson (D-Memphis) said the withholding of state tax dollars would lead to a lawsuit. Pearson was one of two lawmakers expelled from the legislature for leading a protest on the House floor for stricter gun laws in 2023 in response to The Covenant School shooting. The Shelby County Commission returned him to the General Assembly a week later.

Pearson contends Sexton and McNally “can’t help themselves but to unconstitutionally and anti-constitutionally reach into local governments’ matters.” The freshman lawmaker called their announcement “ridiculous, reckless and racist” and also referred to their actions as “tyrannical and authoritarian.”

He noted Sexton is now saying a “majority Black city can’t self-govern” after having him and Rep. Justin Jones (D-Nashville), both young Black men, expelled from the state General Assembly.

Pearson pointed out the nation was founded on the concept of “no taxation without representation” but that the speakers want to take Memphis’ state shared tax dollars because of the possibility that city voters could disagree with them about gun laws.

Sen. London Lamar (D-Memphis) accused Republican lawmakers of “dismantling” gun laws and allowing weapons to “flood” the state while “turning a blind eye” to the impact on families and neighborhoods. Under Republican Gov. Bill Lee’s leadership, the legislature passed a permit-less handgun carry law, and the age was lowered to 18 as the result of a settlement between the state attorney general and a group that sued the state. 

Gunshot wounds are now the leading cause of death for Tennessee children, she said.

“The ballot reforms being considered by Memphis voters are common-sense measures designed to curb this epidemic of violence,” Lamar said. “Our community is crying out for solutions, and instead of being met with support, we’re facing intimidation from state politicians who should be our partners in ensuring safety and justice.”

House Minority Leader Karen Camper (D-Memphis) also blasted the speakers’ move, pointing out Shelby County generated $2 billion in sales tax revenue last year.

“To suggest that these vital funds could be withheld over a local decision aimed at ensuring public safety is shortsighted and counterproductive,” she said in a letter to McNally and Sexton.

Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and X.

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Tennessee Lieutenant Governor Backs Mulroy Ouster

Tennessee’s lieutenant governor is backing a Memphis state senator’s move to force the ouster of Shelby County’s prosecutor for “dereliction of duty” in connection with felons caught carrying weapons.

Lt. Gov. Randy McNally (R-Oak Ridge) issued a statement Monday saying he “wholeheartedly” supports efforts by Republican state Sen. Brent Taylor (R-Memphis) to dismiss Shelby County District Attorney General Steve Mulroy from office for “failing to properly prosecute convicted felons in possession of a firearm.” 

Taylor sent McNally a letter Monday notifying him he plans to file a Senate resolution after the November election to remove Mulroy from office. The district attorney general said recently he plans to adopt a policy allowing non-violent felons to avoid being prosecuted for possession of weapons.

McNally said Mulroy’s “explicit refusal to prosecute criminals with guns is inexcusable and unconstitutional. While district attorneys have prosecutorial discretion, that discretion is not a license to override or subvert the law of the land. DA Mulroy’s record of refusal to prosecute laws he does not personally care for is longstanding and clear. I believe it is time for him to go.”

State Senator Brent Taylor (R-Memphis) during the 113th general Assembly Credit: John Partipilo/Tennessee Lookout

Even though district attorneys general are elected by a county’s voters, the Legislature can oust them with a two-thirds vote, according to a state law cited by Taylor in his letter.

Taylor and House Speaker Cameron Sexton made social media posts last week calling Mulroy soft on crime for his new policy to provide “diversion” from conviction for non-violent felons caught carrying weapons.

Mulroy, a Democrat serving his first term after defeating Republican Amy Weirich, told the Tennessee Lookout last week the DA’s Office continues to prosecute illegal gun possession cases, including possession of a gun connected to drug crimes and possession of a Glock switch, which makes those types of handguns fully automatic. His office did not respond to questions Monday.

The district attorney, though, noted his office is “open to offering a diversion track, on a case-by-case basis for those defendants who have no history of violence or significant criminal history and seem reformable.” 

Those types of offenders would be prosecuted but could avoid conviction by meeting “stringent requirements” for rehabilitation, he said. The policy is designed to free up prosecutors to focus on offenders who “use a weapon,” he said.

Taylor acknowledged Monday that district attorneys general have “prosecutorial discretion” but contended that state law prohibits felons from possessing weapons and argued if Mulroy thinks non-violent felons should be excluded, then he should lobby the Legislature to change the law. He denied that his effort to remove Mulroy is a political move and maintained that the district attorney has “abused his prosecutorial discretion.”

It looks like every local official is now on notice not to cross powerful state politicians – or else. Memphians are sick and tired of seeing their local elected officials run over by state politics just for doing the job they promised to do.

Sens. Raumesh Akbari and London Lamar, Memphis Democrats, in a statement

“He’s attempting to enforce and prosecute the law based on how he wishes it were written, not how it’s actually written,” Taylor said. “District attorneys are obligated to enforce the law the legislature enacts.”

Senate Minority Leader Raumesh Akbari (D-Memphis) and Minority Chairman London Lamar (D-Memphis) issued a statement in response calling Taylor’s effort an “unconstitutional attack” on Shelby County’s district attorney and saying it “sets a dangerous precedent.”

“It looks like every local official is now on notice not to cross powerful state politicians – or else,” they said. “Memphians are sick and tired of seeing their local elected officials run over by state politics just for doing the job they promised to do.”

They contend crime didn’t start with Mulroy’s election and said, “it’s beneath the Legislature to threaten local officials over a policy debate.”

Sen. Taylor and state Rep. John Gillespie (R-Memphis) passed legislation this year overturning a Memphis City Council ordinance stopping police from making “pretextual” stops such as driving with broken tail light. The measure was designed to prevent violent incidents between police and motorists such as the death of Tyre Nichols who was pulled over for reckless driving and beaten by five police officers, according to video of the stop.

Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and X.

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Lt. Gov. McNally Survives Vote of No Confidence Amid Instagram Scandal

Barely two weeks after revelations that he posted comments next to risque photos on young gay men’s Instagram sites, Lt. Gov. Randy McNally won a vote of confidence from his peers.

The Senate Republican Caucus, in a vote that took hours to cast Monday, supported the veteran lawmaker instead of handing him a vote of no confidence in his darkest hour. 

The caucus voted 19-7 in support of McNally in a tally announced after Monday’s Senate session.

“I have always been honored, humbled and grateful for the support of my caucus. I remain so today. We have a lot of important work left to do as we complete the legislative session, including the budget. I look forward to getting to it,” McNally said in a Monday night statement.

No meeting was held as votes were cast individually in Senate Speaker Pro Tem Ferrell Haile’s office.

“He’s served 40-plus years for the state, done an excellent job, no questions. He made a mistake. Let’s offer some grace and mercy and forgiveness and move on. We’ve got business to take care of,” Haile, R-Gallatin, said Monday before the Senate session.

Sen. Todd Gardenhire relayed a similar sentiment after voting to back McNally, saying he had “absolute faith” in the lieutenant governor.

“He told the truth. He owned up to it. He didn’t make fun of the guy. He didn’t criticize his lifestyle. What more do you want?” Gardenhire, R-Chattanooga, said before the session.

Sens. Shane Reeves, R-Murfreesboro, and Frank Niceley, R-Strawberry Plains, also said they cast a vote of confidence in McNally.

“We can’t let a little vocal minority run us off,” Niceley said. 

Reeves would say only that he voted for McNally. 

But Sens. Mark Pody, R-Lebanon, and Joey Hensley, R-Hohenwald, would not say how they voted or planned to vote.

McNally, the Republican-appointed speaker of the Senate from Oak Ridge, stemmed most criticism by saying he made posts of “encouragement” on the young men’s photos, contending he “enjoys interacting with constituents and Tennesseans of all religions, backgrounds and orientations.”

Groups such as the Human Rights Campaign, however, call Tennessee one of the worst states in the nation for LGBTQ rights because of a series of laws passed by the Republican-controlled General Assembly. McNally voted this year in favor of legislation restricting drag shows and prohibiting transgender therapy for minors. But he pointed out his views toward the LGBTQ community have been evolving.

Republican leaders have been loath to take a jab at McNally, a member of the General Assembly since 1979. Only state Rep. Todd Warner, R-Lewisburg, has called on McNally to resign, putting out a statement last week seeking a TBI investigation into the matter. Warner’s home and office were raided by the FBI two years ago, but he was never charged with a crime.

Political insiders say senators have been jockeying for position in case McNally stepped aside. For instance, the Tennessee Firearms Association over the weekend endorsed Sen. Paul Bailey, R-Sparta, for the lieutenant governor’s post. 

The Tennessee Star, a conservative news site, and Tennessee Stands, an advocacy group headed by Gary Humble, have called for McNally’s resignation because of the Instagram posts and health problems. McNally had a pacemaker inserted in February.

Asked Monday if he’s bucking for the lieutenant governor’s job or other leadership posts, Bailey said before the session, “All those positions are filled at this point in time.”

Tennessee Lookout is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and Twitter.

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Senate GOP to Hold Vote of No Confidence in Lt. Gov. McNally

The Senate Republican Caucus will hold a vote of no confidence on Lt. Gov. Randy McNally Monday, nearly two weeks after revelations that he frequently commented on racy photos on young gay men’s Instagram sites. 

McNally, the Republican-appointed speaker of the Senate from Oak Ridge, has weathered the criticism of these comments by stating he makes them out of “encouragement” and that he “enjoys interacting with constituents and Tennesseans of all religions, backgrounds and orientations.”

His comments come as organizations such as the Human Rights Campaign call Tennessee one of the worst states for the LGBTQ community because of a series of laws passed by Republicans. 

Republican leaders in the House and Senate have been reluctant to criticize McNally, who has served in the Tennessee General Assembly since 1979. 

Several sources told the Tennessee Lookout that they expect McNally to survive the vote.

Some believe McNally, who has been canvassing the 27 caucus members, should be able to find out exactly how they feel about his future by taking a vote. They see the Senate Republican Caucus as split three ways between those who believe McNally should remain in his post, those who believe he should step down this session and others who believe he should say farewell at the end of the 2023 session this spring.

The race to replace McNally heated up over the weekend when the Tennessee Firearms Association endorsed Sen. Paul Bailey, R-Sparta, as the next lieutenant governor. 

Senate Majority Leader Jack Johnson, R-Franklin, and Sen. Bo Watson, R-Hixson, are considered the most likely replacement for McNally, but neither appears to be publicly advocating for the job at this time.  

Those on the fringes of the Republican Party have been the loudest critics of McNally. The Tennessee Star, Tennessee Stands and Rep. Todd Warner, R-Chapel Hill, all called for him to step down, citing the Instagram comments and other health issues.

McNally had heart surgery in February to put in a pacemaker.

The Lookout reached out to McNally’s office for comment and had yet to receive a response at the time of publication.  

Tennessee Lookout is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and Twitter.