PHOENIX - Attorney General Mark Brnovich today filed a Petition for Special Action alleging the City of Tucson’s gun destruction ordinance violates Arizona law. State law prohibits local governments from destroying firearms. However, the City of Tucson enacted an ordinance that requires police to destroy seized firearms. The Petition for Special Action asks the Arizona Supreme Court to determine if Tucson’s ordinance is a violation of state law. If so, the court shall set a time frame for Tucson to repeal the ordinance or direct State Treasurer Jeff DeWit to withhold Tucson state funding.
SB 1487 recently passed by the state legislature requires the Attorney General to file a Petition for Special Action if an investigation finds a local government has enacted an ordinance that violates state law or the constitution.
“While I respect the autonomy of local governments, the City of Tucson’s mandatory gun destruction policy is at direct odds with state statute. Arizonans depend on the Attorney General to uphold and enforce the law,” said Attorney General Mark Brnovich. “Our Supreme Court filing isn’t just about the Second Amendment, it’s about the rule of law.”
On October 12, 2016, Representative Mark Finchem submitted a formal SB 1487 request for an investigation into the City of Tucson’s gun ordinance. The Arizona Attorney General’s Office launched an investigation and found that firearm regulation, including the regulation of the destruction of firearms, is a matter of statewide concern that involves the right to bear arms which is protected under State and Federal Constitutions. Additionally, the state has an interest in regulating firearms as a way to preserve public safety as well as an interest in regulating police departments conduct, including firearms disposal. The preservation of order, the protection of life and property, and the suppression of crime are primary functions of the state.
Full copy of the Petition for Special Action.