Tag Archives: Preemption Laws

Arizona Attorney General tests state preemption law against the City of Tucson

Last week, Attorney General Mark Brnovich asked the Arizona Supreme Court to cut off the City of Tucson’s $170 million a year in state aid, claiming Tucson is violating Arizona ridiculous state preemption law prohibiting local governments from destroying seized handguns. Brnovich sues Tucson over firearms destruction:

False IdolsIn his legal filing, Brnovich contends the 2005 city ordinance runs afoul of a series of state laws that sharply restrict the right of local governments to make their own gun laws. And he told the justices that a newly enacted state statute specifically gives him the right to intercede and ask the high court to punish offenders.

Officially, the lawsuit asks the high court to give Tucson a deadline by which they have to repeal the ordinance. That is unlikely to occur: Just hours earlier, council members voted unanimously to fight Brnovich in court, though they did agree to voluntarily stop the gun destruction until the Supreme Court rules.

The 2016 law that gives Brnovich the right to take cities to court spells out that any community that wants to fight him must first post a bond equal to half of its annual state aid. Attorneys for the city are expected to ask the justices to declare that requirement illegal or, at the very least, waive it.

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