Posted: 8/2/2022 10:00:52 AM EDT
Pima County Supervisor looks to challenge Arizona’s ban on local gun controlNot sure what their chances are? The Pima County Board of Supervisors is pushing the envelope on gun control this week with a resolution that could seek to challenge the constitutionality of Arizona’s gun laws.
Supervisor Rex Scott, who represents District 1, placed a resolution on the agenda for Tuesday’s meeting calling for the repeal of A.R.S. 13-3108, with a request that the Pima County Attorney’s Office draft options for legal action to challenge the law’s legality and its constitutionality.
Arizona currently does not require residents to register their firearms with the state, and also prohibits local jurisdictions (i.e. counties, cities or towns) from requiring licensing or registration of firearms or ammunition, according to A.R.S. 13-3108.
The statute also prohibits cities and counties from enacting “any ordinance, rule or tax” regarding 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," and prohibits political subdivisions from enacting any rule related to firearms that is more prohibitive or has a greater penalty that any state law.
Political subdivisions that violate A.R.S. 13-3108 could be subject to permanent injunctions against enforcing the rules, a civil penalty up to $50,000, or termination from employment for the individuals who violate the law in their official capacities.
Pima County Scott’s resolution seeking to challenge the statute cites a recognition from the Centers for Disease Control and Prevention that firearm injuries are "a serious public health problem," and that both the board and the Pima County Health Department have “broad authority to take action to protect the public health and safety of Pima County inhabitants.”
“The Board of Supervisors will call on the Arizona Legislature to repeal A.R.S. § 13-3108 and any other laws that inhibit the ability of local governments to take action to prevent gun violence, or to take other necessary measures related to the regulation of guns within the boundaries of their jurisdiction,” the resolution reads.
If the resolution is adopted, Scott has asked that the County Attorney’s Office present options for a legal path forward to the Board of Supervisors no later than Nov. 15. View Quote
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