Explore The NRA Universe Of Websites

APPEARS IN News

Arizona Supreme Court Rebuffs Tucson’s Illegal Destruction of Firearms

Thursday, August 17, 2017

Arizona Supreme Court Rebuffs Tucson’s Illegal Destruction of Firearms

On Thursday, the Arizona Supreme Court unanimously held that the state was within its authority to prohibit cities and counties from routinely destroying firearms obtained through forfeiture or as unclaimed property. State law holds that political subdivisions must instead (subject to certain exceptions) recirculate the firearms through legitimate channels of commerce, just as they do with other types of valuable property. The case represents the latest battle in an effort dating back nearly two decades to prevent anti-gun localities from undermining the pro-gun policies of the state legislature. 

While the case – State v. City of Tucson – rests on complicated issues of Arizona constitutional, statutory, and common law, it illustrates challenges facing gun owners nationwide and the importance of sustained advocacy in ensuring Second Amendment rights. Infringements of the right to keep and bear arms are rarely resolved simply by pointing to the Second Amendment or similar provisions of state constitutions. Rather, it often takes remedial legislation, backed by months or years of painstaking litigation, to vindicate the rights of gun owners.

The case also illustrates how even in the most pro-gun of states, there are always anti-gun enclaves and/or political opportunists who will openly defy clear legal authority for as long as possible to further their oppressive agenda of suppressing our firearms freedom.

The leading opinion of four justices validated the NRA’s argument that protecting the right to keep and bear arms enshrined in the state and federal constitutions is a matter of statewide concern and that the enactments of the legislature on this subject therefore take precedence over the acts of charter cities.    As explained in the case’s leading opinion, the Arizona legislature passed a statute in 2000 to assert exclusive authority over the regulation of firearms and ammunition. Nevertheless, the City of Tucson five years later enacted an ordinance calling for the destruction of certain unclaimed or forfeited firearms. 

The legislature, in turn, responded by enacting two additional statutes in 2013 that prohibited agencies, political subdivisions, and law enforcement entities from “facilitating the destruction of a firearm” and that instructed them instead to sell the firearms to businesses which lawfully participate in gun sales.

Despite the legislature’s explicit directives, Tucson destroyed nearly 5,000 additional firearms after the enactment of the 2013 laws. The legislature again responded in 2016, this time by establishing a framework by which one or more members of the legislature could seek remedial action through the state attorney general’s office against alleged violations of Arizona’s laws or its constitution by political subdivisions. 

Pursuant to that framework, Arizona Rep. Mark Finchem asked the attorney general to review Tucson’s firearm destruction program. Arizona Attorney General Mark Brnovich concluded that Tucson’s ordinance was contrary to state law, but the city rejected the findings and refused to take corrective action. Pursuant to the 2016 law, Attorney General Brnovich then filed a petition with the Arizona Supreme Court to resolve the matter.

Although the justices were divided on their reasoning, all agreed the state legislature had acted within its authority by enacting the statute preventing localities from destroying firearms that were otherwise lawful to sell under state and federal law.  The leading opinion of four justices validated the NRA’s argument that protecting the right to keep and bear arms enshrined in the state and federal constitutions is a matter of statewide concern and that the enactments of the legislature on this subject therefore take precedence over the acts of charter cities.

Tucson’s behavior to date leaves little doubt that anti-gun officials will continue looking for ways to undermine the rights of gun owners within the city, notwithstanding the state legislature’s pronouncements. This is unfortunately an all-too-common phenomenon across the country in otherwise pro-gun states. That is exactly why the NRA’s work to vindicate the rights of gun owners never stops, even when it does not grab national headlines. 

 

IN THIS ARTICLE
Arizona gun destruction
TRENDING NOW
En Banc Third Circuit Strikes Down New Jersey’s “Assault Firearm” and “Large Capacity Magazine” Bans in NRA Case

Friday, July 17, 2026

En Banc Third Circuit Strikes Down New Jersey’s “Assault Firearm” and “Large Capacity Magazine” Bans in NRA Case

In a landmark victory for the Second Amendment and the National Rifle Association, the U.S. Court of Appeals for the Third Circuit today held that New Jersey’s bans on commonly owned semiautomatic rifles and magazines ...

Happy Trails: NRA Submits Comment on ATF’s FOPA Transportation Rulemaking

News  

Tuesday, July 21, 2026

Happy Trails: NRA Submits Comment on ATF’s FOPA Transportation Rulemaking

Since the U.S. Congress enacted the Firearm Owners’ Protection Act of 1986, an American has enjoyed the right to travel with firearms “from any place where he may lawfully possess and carry such firearm to ...

“Property Rights” Critique of Wolford Misleads on Facts and Law

News  

Tuesday, July 21, 2026

“Property Rights” Critique of Wolford Misleads on Facts and Law

On June 25, the U.S. Supreme Court decided Wolford v. Lopez. The case involved a Hawaii law that presumptively banned carry permit holders from carrying their arms onto publicly accessible private property, unless the carrier ...

New Hampshire: Governor Ayotte Signs Pro-Gun Reforms Into Law

Tuesday, July 21, 2026

New Hampshire: Governor Ayotte Signs Pro-Gun Reforms Into Law

On July 15, Governor Kelly Ayotte signed two pro-gun bills into law. 

Lott Op-Ed Lends Additional Support to National Right-to-Carry Effort

News  

Tuesday, July 21, 2026

Lott Op-Ed Lends Additional Support to National Right-to-Carry Effort

National Right-to-Carry Reciprocity has been a popular topic lately.  President Donald Trump brought it up during an appearance at a Mack Trucks facility in Macungie, Pa., on June 23, proclaiming, “National Right-to-Carry, we’re working on it.” 

U.S. House Passes Legislation to Block Credit Card Gun Registry

News  

Tuesday, July 14, 2026

U.S. House Passes Legislation to Block Credit Card Gun Registry

On July 14, 2026, the U.S. House passed H.R. 1181, the Protecting Privacy in Purchases Act. This important legislation, sponsored by Representative Riley Moore (R-WV-02), would prohibit credit card companies from tracking the purchases of ...

Legislation Introduced to Protect Second Amendment Rights on Federal Lands

News  

Thursday, July 16, 2026

Legislation Introduced to Protect Second Amendment Rights on Federal Lands

On July 16, 2026, Representatives Rudy Yakym (R-IN-02) and Pat Fallon (R-TX-04) introduced H.R. 9719, the Federal Lands Lawful Carry Act. This legislation would clarify that law-abiding Americans can carry firearms on federal land and ...

Massachusetts: Committee of Conference Meeting Now on Hunting Reform Bill

Friday, July 17, 2026

Massachusetts: Committee of Conference Meeting Now on Hunting Reform Bill

House and Senate leadership have appointed members to the Committee of Conference for Senate Bill 3064, which includes, among other things, a lifting of the ban on Sunday hunting and expansions for archery hunting.

Judge Rules Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans Secured by NRA Applies Statewide

Wednesday, July 8, 2026

Judge Rules Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans Secured by NRA Applies Statewide

In the NRA’s challenge to Virginia’s “assault firearm” and magazine bans, Santolla v. Katz, Judge Jeffrey L. Campbell of the Washington County Circuit Court issued a letter opinion yesterday making clear that the preliminary injunction ...

Grassroots Spotlight: NRA 2A Day Events

Take Action  

Tuesday, July 21, 2026

Grassroots Spotlight: NRA 2A Day Events

Over recent weeks, more than two dozen “NRA 2A Day” events were held across the country and in Puerto Rico as part of a national grassroots push, ahead of the upcoming election season.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.