Tucson to ignore Arizona’s ‘Second Amendment sanctuary’ law

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TUCSON, Ariz, (AP) – Tucson City officials plan to ignore Arizona’s new Second Amendment Sanctuary, which prevents state and local governments from enforcing certain state gun laws and potentially litigates as a growing number of cities do so and counties in the United States declare similar weapon havens.

The move by Democratic Mayor Regina Romero and the city council has once again led Tucson and the Republican-led state to argue over regulating the sale and use of guns.

The southern Arizona city has long tried to enforce gun laws more stringently than the state’s, including ordering background checks for guns purchased on urban property and the destruction of confiscated firearms. Over the years, these measures have been challenged after Republican-controlled legislation passed laws banning them.

The new action came after GOP Governor Doug Ducey signed a bill in April declaring that Arizona is a so-called Sanctuary of the Second Amendment. It was in part in response to the election of President Joe Biden, who vowed to enforce stricter rules on firearms.

A growing movement of at least 1,200 local governments has declared themselves protected areas, isolated from state and federal gun laws, since 2018 when high-profile mass shootings sparked calls for stricter regulations. Many are symbolic, but some have legal force.

In addition to Arizona, a handful of other legislatures, including those in Kentucky, Tennessee, and Wisconsin, jumped on the idea when Biden took office that year. During his campaign, Biden promised, among other things, universal background checks and a ban on offensive weapons.

The Arizona Daily Star reports that the state and city could be brought to a lawsuit over Tucson’s June 22nd resolution to further enforce all federal gun laws.

The resolution, unanimously passed by the Council, proclaims that “Federal laws, regulations and statutes regulating firearms in a manner consistent with the requirements of the United States Constitution” will “remain in full force” within city limits, ” regardless of whether “these laws, orders or acts are more restrictive or unaffordable than the regulations enacted under the laws of that state.”

Councilor Steve Kozachik presented the resolution last month and said he found the new state law unconstitutional.

“Let’s challenge them,” he told the newspaper.

Kozachik said his goal is to have the law “declared unconstitutional and plainly and simply discarded so that we can continue to have a free hand to enforce federal gun laws on the ground.”

Arizona law states that the state is not bound by compliance with US gun laws and prohibits “any human or financial resources to enforce, administer, or participate in any acts, law, contract, order, rule, or regulation of the US government to cooperate with them that are incompatible with any Arizona ”. Law on the Regulation of Firearms. “

Federal statistics show that Arizona has the 15th highest gun-related death rate.

Ducey spokesman CJ Karamargin said Tuesday the governor’s office expected all cities in Arizona to obey the law.

“The Second Amendment is clear about our right to keep and carry guns,” Karamargin said in an email. “This law protects the constitutional rights of the Arizonans from encroachments by the federal government.”

When Ducey signed the law, he described it as an attempt to protect “an enumerated right” and that it was “a proactive law for what can come out of the Biden administration”.

Charles Heller, communications coordinator for the Arizona Citizens Defense League gun rights group, said he didn’t think the Tucson resolution would do anything to change state law.

“They’re trying to wave a flag, no matter how weak it is, that means they don’t like it,” said Heller.

In his view, passing the bill was a step in the right direction for Arizona, which has relatively loose gun laws because “the federal government shouldn’t be enforcing unconstitutional laws and we’re not going to help them.”

Meanwhile, the Tucson resolution states that “the United States Supreme Court has expressly opposed the idea that states can overturn federal laws.”

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