#WeekInJustice: Week 196
This week we have special guest writers, Chief Civil Deputy Sam Brown, and Civil Attorney Supervisor Jonathan Pinkney, who shared the following update on an important issue.
The Civil Division has for the past several years advised the Board of Supervisors on matters related to firearm deaths, sales, and related issues in Pima County. However, because Arizona has stringent preemption laws restricting actions available to Cities and Counties, the Board’s hands are in many ways tied. After passing a Resolution in 2022 calling for the repeal of the State’s firearm preemption statute, the Board passed an ordinance earlier this year requiring the reporting of lost or stolen firearms in Pima County as a public safety measure. The Goldwater Institute, representing the Arizona Citizens Defense League and a Pima County gunowner, filed suit against Pima County alleging the Ordinance is preempted and void. The County filed a Motion to Dismiss, and Plaintiffs filed a Motion for Summary Judgment. Today, on behalf of the Board and in conjunction with our partners the Brady Center to Prevent Gun Violence, our office filed a Response to Plaintiffs’ MSJ, arguing that disputed questions of material fact preclude summary judgment, and that Pima County’s public safety ordinance is not preempted because it does not regulate firearms, and because it is in all other ways consistent with Arizona law and public policy – both of which favor against preemption. We continue in our efforts to represent the County’s interests, as expressed through the Board of Supervisors, to make Pima County a safer place for all residents.
To be continued,
PCAO Senior Leadership Team