PHOENIX – Attorney General Mark Brnovich released the following statement after the Arizona Supreme Court upheld the constitutionality of SB1487 and voided Tucson's gun destruction ordinance:
"This is a monumental victory for the rule of law," said Attorney General Mark Brnovich. "Today's ruling makes it clear that cities cannot ignore state law. Arizonans have entrusted me to enforce the law and I intend to uphold their trust. Tucson must now reverse their illegal ordinance."
In December 2016, the Arizona Attorney General's Office 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.
SB1487, passed by the state legislature in 2016, 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. Representative Mark Finchem submitted a formal SB1487 request for an investigation into the City of Tucson’s gun destruction 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.
View a copy of the Arizona Supreme Court's Order