Tucson City Council approves new gun policies

May 29, 2013

Tucson City Council passed two gun control ordinances Wednesday. The ordinances are opposed by gun rights advocates who say they violate an individual’s constitutional rights.One measure would fine anyone in Tucson $100 if they fail to report to police the loss or theft of a gun within 48 hours from the time it went missing. 

Charles Heller is with the Arizona Citizens Defense League, a group that opposes the ordinance. He said it goes against the Arizona constitution which says local governments cannot pass policies that preempt state laws.

“Seeing how there is no such state law as the city ordinance seeks to enact it would be on its face be illegal, and you don’t have to be a lawyer to know that," Heller said.

The other measure is modeled after a recent state bill that was not approved by Arizona lawmakers. It would allow Tucson police to charge a person with criminal negligence if they shot a gun within city limits and are suspected of using alcohol or drugs at the time. 

Heller said that ordinance also raises constitutional questions because it allows police to make an arrest without first getting the warrant requiring a person to take a blood or breath test.

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