In the latest in a series of challenges from Pima County politicians to Arizona's relatively strong self-defense rights protections, county supervisors voted to punish gun owners who do not promptly report lost or stolen firearms to police. Each violation could result in a $1,000 fine, which once again appears to conflict with Arizona law that prohibits counties from imposing stricter gun laws than those enacted by the state.
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Deadlines and Penalties for Victims of Firearm Theft
“Except as otherwise provided in this chapter, it shall be unlawful for a person to fail to report the loss or theft of a firearm to local law enforcement after knowing it,” reads the ordinance proposed by District 1 Supervisor Rex Scott, two pages after the throat. – Clarifies the justification for legislation related to preventing access to guns for people who are legally prohibited from owning them. “Under Article A, a report of the loss or theft of a firearm must be made in the jurisdiction in which the loss or theft occurred within 48 hours of the time the person knew, or reasonably should have known, that the firearm was stolen, lost, or stolen.”
The provision originally provided for a fine of “up to $300.00 per violation,” but was changed to “up to $1,000.00 per violation” on the advice of County Attorney Laura Conover. The amendment, which passed the ordinance 4-1, appears to be even more against state law than it already was.
The statute states, “No political subdivision of this state shall enact any rule or ordinance relating to firearms and imposing penalties that are more prohibitive or greater than those under state law.” “Any rule or ordinance of any political subdivision relating to firearms enacted before or after July 29, 2010, that is inconsistent with or more restrictive than state law is null and void.”
On the surface, this clearly preempts Pima County's efforts. But the county and the Tucson seat have a history of authoritarian, windmill-tilting attacks on Arizonans' right to self-defense.
Local gun haters keep trying and losing
“The city of Tucson and the state of Arizona are once again at odds over how to regulate gun sales and use.” Arizona Daily Star's Kathryn Palmer reported in 2021: She said, “The city has long attempted to enforce stricter gun laws than the state. This has included mandating background checks for guns purchased on city property and destroying confiscated firearms.”
That year's challenge was a symbolic declaration that New York would not follow the state's status as a Second Amendment sanctuary. This was an issue that would have to be tested if the federal government attempted to enforce gun control and state officials refused to do so. But the problem became more serious in 2017 when the Arizona Supreme Court unanimously ruled that Tucson could not carry out an illegal plan to destroy seized weapons if state law generally requires them to be sold. Faced with tens of millions of dollars in lost state shared revenue due to fines, the city ended the program.
In 2013, two Tucson gun laws, including one requiring people to report lost or stolen firearms or face penalties, were ruled unenforceable by then-Attorney General Tom Horn (now Superintendent of Public Instruction).
“Horne said Tucson cannot require people to report lost or stolen firearms to police because it involves gun possession or transfer,” said Howard Fischer of Capitol Media Services at the time. “And Horne said the $100 civil fine for failing to report a lost firearm conflicts with other laws prohibiting gun ordinances that impose larger fines than exist in state law.”
That law is so similar to a new Pima County ordinance that it appears likely it will meet the same fate. I reached out to Supervisor Scott for comment on why he thought his bill might be problematic (I also reached out to the county attorney's office, which had not responded at press time). Scott's office responded with a copy of the passed law, presumably so that it could speak for itself.
A counterattack by self-defense advocates
“Director Scott is right: the law speaks for itself,” said Charles Heller, media coordinator for the Arizona Citizens Defense League (AzCDL), which advocates for self-defense rights (full disclosure: I am a member). He “refers to the deprivation of citizenship under the color of the law.”
Heller detailed the decades-old history of Tucson-based efforts to restrict Arizonans' freedom to own and use firearms, largely failing. He predicted a short life for the Pima ordinance. Already, people are lining up to make that period as short as possible, as predicted by District 4 Supervisor Steve Christy, the only vote against the measure.
The new Pima County firearms ordinance “is in direct conflict with at least two provisions of state law,” the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation, which represents AzCDL, warned in a March 18 letter to the Board of Supervisors. .
“Indeed, the Arizona Attorney General's Office previously issued an opinion finding nearly identical provisions of the Tucson city ordinance were unlawful,” the letter continues, referencing then-Attorney General Horne's 2013 opinion. “Based on the foregoing, we demand that the Board of Directors immediately repeal Ordinance 2024-2, no later than its April 2, 2024 meeting. If the Ordinance is not repealed by that date, we will seek all legal remedies available to our clients. We will seek it.”
how to undermine yourself
It is worth noting that it is unclear how Pima County will enforce this ordinance against people who: don't Report lost and stolen firearms. Arizona does not have gun registration, which is specifically prohibited by state law. This means Pima County cannot link recovered firearms to their source unless the owner provides a description and serial number when reporting the loss. Although this is required by ordinance, it is an action that can be taken by any honest owner who wishes to return their property. Unless, of course, there are concerns that gun-hating authorities may be penalized for not reporting promptly as required. Some dishonestly determined 48-hour blocks.
This ordinance has real potential to: discourage Reports of lost and stolen guns from owners who are skeptical of county officials' intentions.
Hopefully, this will remain an unintended consequence of this law as it meets the same fate as many of its predecessors who clashed with Arizona's protections for the right to self-defense.