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
“Derivative Disarmament” – A “No Fault” Loss of Gun Rights

News  

Monday, September 14, 2026

“Derivative Disarmament” – A “No Fault” Loss of Gun Rights

One of the aftereffects of the United States Supreme Court’s landmark ruling in NYSRPA v. Bruen was the ire expressed by antigun lawmakers, executives and judges, which manifested as an outright unwillingness to respect the ...

Promise to Practice: Federal Firearm Rights Restoration is Now a Reality

News  

Tuesday, September 8, 2026

Promise to Practice: Federal Firearm Rights Restoration is Now a Reality

The federal government’s promise to provide a pathway to restore firearm rights is no longer merely a commitment on paper. 

Redditors Embarrass Virginia Assembly’s Chief Gun Banner

News  

Tuesday, September 8, 2026

Redditors Embarrass Virginia Assembly’s Chief Gun Banner

In late August, Virginia State Delegate Dan Helmer (D-10), who represents a portion of the Northern Virginia D.C. suburb of Fairfax County, took to Reddit for an “ask me anything” (AMA) question and answer session.

Remembering NRA Benefactor John Mascari II from Indianapolis, Indiana

Take Action  

Monday, September 14, 2026

Remembering NRA Benefactor John Mascari II from Indianapolis, Indiana

John was a dedicated NRA volunteer, recruiter, and FrontLines Activist Leader (FAL) whose commitment to protecting the Second Amendment touched many people throughout central Indiana.

Virginia Case Shows Gun Control is Aimed at Decent Citizens, Not Criminals

News  

Tuesday, September 8, 2026

Virginia Case Shows Gun Control is Aimed at Decent Citizens, Not Criminals

Economics has a concept called “revealed preference.” The gist is that a person’s observed actions reveal more about their preferences than what a person might profess to favor. 

Unhealthy Exposure: Gun Ban Advocates Allergic to Defensive Gun Use

News  

Tuesday, September 8, 2026

Unhealthy Exposure: Gun Ban Advocates Allergic to Defensive Gun Use

One of the narratives invented by gun control activists and their political allies to try to make their agenda more palatable to the general public has been to recast gun crime as a “public health ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Minnesota’s Refusal to Recognize Out-of-State Carry Permits

Tuesday, September 15, 2026

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Minnesota’s Refusal to Recognize Out-of-State Carry Permits

The National Rifle Association joined the Second Amendment Foundation, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and Citizens Committee for the Right to Keep and Bear Arms in filing ...

What Does the Texas NFA Decision Mean for You?

News  

Wednesday, August 12, 2026

What Does the Texas NFA Decision Mean for You?

On August 5, 2026, Judge Wesley Hendrix of the U.S. District Court for the Northern District of Texas held that the National Firearms Act’s registration and approval requirements for suppressors, short-barreled rifles, and short-barreled shotguns ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

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.