Just before Thanksgiving, Memphis city and law enforcement leaders were celebrating progress. Crime rates are down. Police were championing a proposed new command center at Peabody Place and rolling out AI-powered cameras designed to make Memphis safer.

Days earlier, the Mayor’s office had awarded $1 million to nonprofits to address the underlying causes of crime in Memphis. It was a feel-good moment in a city burned out on deadly headlines.

Then came the cold splash in the face. After a 17-month investigation, the US Department of Justice released a scathing report uncovering a “pattern or practice” of excessive force, unlawful arrests, racial discrimination and failures to protect the city’s most vulnerable residents, including children and people with behavioral health disabilities.

For Memphis, the findings highlight a delicate and complicated truth: City officials must police the police while the police attempt to police the people. It’s a task made more difficult when the people have valid reasons not to trust the police. Add Tennessee’s open-carry gun laws to the mix, and tensions only escalate.

These competing priorities create friction that makes progress both urgent and incredibly difficult.

Policing the Police

The DOJ has called for a consent decree—a federally enforced agreement that would require Memphis to adopt reforms under close monitoring. Assistant Attorney General Kristen Clarke emphasized the gravity of the situation.

“The practices we uncovered harm and demean people. They promote distrust and undermine the fundamental safety mission of a police department.”

Assistant Attorney General Kristen Clarke

Mayor Paul Young and Memphis Police Department Chief CJ Davis acknowledged the seriousness of the findings but rejected the idea of a consent decree, citing concerns about cost and bureaucracy.

“Consent decrees are costly, bureaucratic, and often do not deliver the results we need,” Young said Thursday morning after the DOJ remarks. “Chicago has spent over $500 million on theirs. Seattle spent more than $200 million. We believe there is a better way—one that is community-driven and uses resources to make Memphis safer.”

Consent decrees typically last years and require cities to allocate substantial funding to federal monitors and oversight mechanisms. In New Orleans, such a decree has been in place for more than a decade. 

Young argued that Memphis can achieve meaningful reform without a process he described as “costly and complicated.” Clarke, however, underscored the need for enforceable accountability. 

“Achieving meaningful, constitutional policing reform costs time and resources,” she said. “But failing to act imposes even greater costs on citizens’ rights, safety and public trust.”

A Tenuous Relationship: DOJ and Memphis

While both the DOJ and Memphis leaders say they want to work together, their relationship is fraught with tension. 

By design, the DOJ’s role is investigative and, at times, adversarial. Yet Clarke acknowledged the city’s cooperation during the investigation, noting steps Memphis had already taken, such as disbanding the controversial SCORPION unit after the death of Tyre Nichols.

Still, the DOJ warned it is prepared to file suit if the city fails to address its findings.

Mayor Young struck a collaborative tone but maintained that Memphis should chart its own path forward. 

“We believe that Memphians can drive our own destiny,” he said. “We are committed to ensuring that we have a best-in-class police department that respects all citizens.”

Guns and the Challenge of Public Safety

One complicating factor unique to Memphis is Tennessee’s open-carry law.

Tennessee’s permitless carry law, effective July 1, 2021, allows most adults 21 and older to carry handguns openly or concealed without a permit. This legislation faced significant opposition from law enforcement agencies, including the Tennessee Sheriff’s Association, the Tennessee Bureau of Investigation, and the Tennessee Association of Chiefs of Police, who expressed concerns about its potential impact on public safety. 

A report by EveryTownResearch.org indicates that states implementing permitless carry laws experience increases in violent crime rates and handgun homicides. The study noted a 13%–15% rise in violent crime and an 11% increase in handgun homicides following the enactment of such laws.

Davis acknowledged the difficulties this creates for officers: “When you have more guns on the street, you have more encounters with police officers. Especially in communities that already experience high levels of violence.”

The DOJ report does not directly address the impact of Tennessee’s permissive gun laws but notes that Memphis officers frequently escalate encounters. Examples cited in the report include the use of force against unarmed individuals and discriminatory targeting of Black residents.

Davis insisted that despite the challenges that open carry creates, MPD officers are capable of treating people with dignity and respect.

“The balance is what we try to get to, to make sure that we have a balance that’s fair and impartial and constitutional as well,” she said. “So (open carry) definitely (presents) a challenge. Memphis is an anomaly, but we’re up to the challenge.”

The People’s Voice Will Be Heard

As city leaders and the DOJ grapple with the challenges posed by policing in Memphis, both agree on one thing: The community’s voice is critical to shaping the path forward.

The DOJ has announced a virtual town hall meeting to give Memphis residents an opportunity to share their experiences and offer suggestions for reform. The event is scheduled for Monday, December 9, at 6:30 p.m. CT. Residents can register online to participate. Community members are also invited to submit recommendations via email at Community.Memphis@usdoj.gov or by phone at 888-473-3730.

Clarke emphasized how important it is for the DOJ to hear directly from those impacted.

“The people of Memphis deserve to feel safe—in their homes, their neighborhoods, their cars—especially when they encounter police officers,” Clarke said. “We are committed to hearing from this community and working together to build a safer, fairer city.”

Concurrently, Mayor Young announced the city’s plans to host a series of in-person town hall meetings to gather local input. The meetings aim to address the DOJ’s findings and collaboratively develop a community-driven improvement plan for MPD.

“We believe that by working with all of you and our community, we can faster and more effectively work toward the outcomes that we all desire,” Young said.