State ex rel. Brnovich v. City of Tucson

399 P.3d 663 (2017)

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State ex rel. Brnovich v. City of Tucson

Arizona Supreme Court
399 P.3d 663 (2017)

SC

Facts

Arizona law provided that the regulation of firearms was a statewide concern. The law preempted municipalities from regulating the possession, sale, and use of firearms. In 2005, the City of Tucson (defendant) passed an ordinance addressing the city’s handling of unclaimed and forfeited firearms. Subject to certain exceptions, the ordinance directed the Tucson Police Department to destroy any unclaimed and forfeited firearms. In 2013, the State of Arizona (plaintiff) amended its preemption law to provide specific methods of disposing of unclaimed and forfeited firearms. The law specifically prohibited municipalities from destroying firearms. The city argued that its ordinance was a matter of local concern that prevailed over the state law.

Rule of Law

Issue

Holding and Reasoning (Pelander, J.)

Concurrence (Bolick, J.)

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