Friday, September 27, 2013

AZ:AG Horne rules Tucson Gun Ordinances are Preempted by State Law

Tom Horn (facebook)

Attorney General of Arizona, Tom Horne, was asked by Representative Brenda Barton if two ordinances dealing with firearms were preempted by State Law.

AG Horne quoted ARS: 13-3108(A):

A. Except as provided in subsection G of this section, a political subdivision of this state shall not enact any ordinance, rule or tax relating to the transportation, possession, carrying, sale, transfer, purchase, acquisition, gift, devise, storage, licensing, registration, discharge or use of firearms or ammunition or any firearm or ammunition components or related accessories in this state.
 AG Horne replied that the two Tucson ordinances, 11080, which deals with officers obtaining a blood alcohol  test if he has probable cause to believe that someone has negligently discharged a firearm within city limits, and 11081, which requires reporting of the loss or theft of a firearm, are preempted by the state statute.

Tucson passed the ordinances on May 29th, 2013.

Here is a link to the pdf of AG Horne's reply:

 Link to AG Horne pdf

The practical effect is that the two ordinances are unenforceable.

Preemption statutes have been a major success story for second amendment supporters.  Without them, people exercising second amendment rights face a jigsaw puzzle of town, city and county ordinances that are virtually unknowable to a person traveling even short distances.

©2013 by Dean Weingarten: Permission to share is granted when this notice is included.
More articles by Dean at  Gun Watch 

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