Monday, July 11, 2016

AZ:Tucson Passes Resolution Restricting Private Gun Sales, Risks Lawsuit and Fines

On July 6th, 2016, the Tucson City Council banned the sales of any gun capable of firing 10 or more rounds without reloading, at gun shows held at the Tucson Convention Center.

Any weapon capable of firing 10 or more rounds can no longer be sold at the Tucson Convention Center.

The Tucson City Council voted unanimously Wednesday night to add more restrictions on private gun sales at the city-owned venue.
The resolution was put forward by Ward 3 Council Member Karen Uhlich and the Vice Mayor Kozachick.

 From a pdf of the resolution:
FWe request the following item be agendized at the July 6th Study Session: The City of Tucson has a policy by which any group using the Tucson Convention Center for the sale of firearms must ensure that every person purchasing a weapon undergoes a background check. We are proudly the only city in the State of Arizona with such a protection.
For the July 6th study session, please set aside 20 minutes for Mayor and Council to give direction to staff to expand that policy to include the prohibition of the sale of any weapon, .22 gauge or larger, that is capable of firing 10 or more rounds without reloading, and the sale of any clip or magazine that is capable of holding 10 or more rounds of ammunition.
Ulrich and Kozachick seem to be proudly ignorant of all things firearms. Not one member of the six person city council had sufficient knowledge to spot the gross error.  A .22 gauge would be a weapon with a bore of 2.75 inches.  Such weapons are not sold at gun shows. If they actually meant .22 caliber, then the resolution would ban the sale nearly all .22 rimfire rifles that have been made in the United States for the last 130 years.

The City of Tucson attorney claims that the city may arbitrarily do anything it wishes with city property, including restricting firearms sales on their property.

The city attorney claims there is precedent.  The claim, without citing actual court cases, is made in Resolution 22007(pdf) adopted in February of 2013.  In the resolution, no firearms sales are allowed in the Tucson Convention Center without a federal background check being conducted.

No mechanism exists for the actual performance of such background checks by individuals who are not firearm dealers.

Since the resolution in 2013, there have not been any gun shows held in the Tucson Convention Center. Gun shows brought much needed revenue to the city.

In 2016, the Arizona legislature passed legislation to punish scofflaw local and city governments who chose to violate state law.  In Arizona, all firearms regulations are solely the jurisdiction of the state.  The law goes into effect August 6th of 2016. It allows for penalties for up to $50,000 a day. That would seem to be a significant amount for a cash strapped city such as Tucson.

From Section 13-3108 Arizona Revised Statutes:
3.  The regulation of commercial land and structures, including a business relating to firearms or ammunition or their components or a commercial shooting range in the same manner as other commercial businesses. Notwithstanding any other law, this paragraph does not:
(a)  Authorize a political subdivision to regulate the sale or transfer of firearms on property it owns, leases, operates or controls in a manner that is different than or inconsistent with state law.  For the purposes of this subdivision, a use permit or other contract that provides for the use of property owned, leased, operated or controlled by a political subdivision shall not be considered a sale, conveyance or disposition of property.
A year ago, Roadrunner Gunshows was considering such a suit. From
Lori McMann of Roadrunner Gun Shows said it is not that simple. People without a federal firearms license do not even have access to the instant background check system. She estimated about 70 percent of her sellers do not have the license.
Ken Rineer, the President of Gun Owners of Arizona, said the city policy is an obvious violation of state law.
 McMann said she is not making us much money at other venues. She said she is looking at her options in court.

Uhlich will not be running for election again.  Three years ago, a critic noted that she is driven by ideology, not logic. From
Karin also stated that Tucson will not negotiate “from its knees.” What Tucson does she live in? I see a city that she has helped escort into squalor. CNN money ranks us in the Top 5 “worst cities to operate a business.” Cops and fire are at historic low staffing levels and response times are horrendous. The city pension in in the toilet. The Tucson Convention Center is falling into a pit. Oh, but Sun Tran and related public transit are at all-time highs. Look in the mirror Tucson, you are on your knees right now.
It’s too bad he didn’t paint the city’s financial picture in darker strokes. Years of dubious political decisions combined with an economic meltdown plus financial hits from the state have left us in a dire situation. New scale houses at the dump aren’t going to fix it.
The projected budget deficit for the fiscal year beginning July 1 is $25.6 million, but without dramatic action that will rise steadily to around $57 million per year by 2020. Increasing pension costs are one part of the problem, but only a part.
Tucson, a poorly run city that is racking up debt.  A City Council that puts ignorant political resolutions above the financial welfare of the city.

Unfortunately, it looks like another Democrat city on a downhill slide.

©2016 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch


Anonymous said...

ANother outstanding example of what happens when chowderheads who are ignorant on a subject attempt to write law with regard to that subject. As we cannot expect them to become better informed, it is now required that The People seek an Injunction against such law, and RECALL those who wrote same. Just my 0.02

Anonymous said...

I thought Arizona just passed a law that prevents individual local government entities from passing any regulation over and above what the state laws require. I think an arrest warrant would be proper if they violate that law. which would also require removal from office for violating their oath of office. If state law says they can not do it and they do it that violates the authority of their office. violating the oath of office terminates the authority of that office, they must resign or be removed. If we are going to enforce the laws for some we need to enforce the laws for all. I know how corrupt the Tucson government is. I would not give you ten cents for a county sheriff deputies tanned hide if I was going to make bags to carry shit. and the city police would not get a nickel for their tanned hides. Maybe the way they treated me was because most of them were laying up with my ex wife while on duty.