City of Tucson set to violate State law
Dear Firearms Enthusiast:
The City of Tucson, Mayor and Council, will enact two ordinances at their Wednesday regular meeting, May 29th, beginning at 5:30pm.
1) The first will be the ‘Stolen and/or Lost’ firearm ordinance. The crux of the ordinance is this: If you have a firearm stolen and/or lost which you own, you have 48 hours from the time it is stolen and/or lost to report it to the Tucson Police Department starting from when you knew it was stolen and/or lost or when you should have known it was stolen and/or lost.
Councilman Kozachik, the councilman who proposed the ordinance, originally wanted the penalty to be a misdemeanor, which is a criminal act with severe penalties, if you did not report it within the 48 hour period. However, the proposed ordinance has the offense listed as a civil infraction with a fine of $100.00.
There are several problems with this ordinance.
a) What if a firearm is stolen but you do not own it? Will the original owner be held accountable? People do lend firearms to close friends and/or family for specific reasons.
b) What if a firearm is stolen that you rarely use and you do not know it has been stolen for a month, two months, three… Will you be charged and fined under the ordinance because you ‘should have known?
c) If the firearm(s) is stolen, you are a victim of a crime. If you fail to report it in a timely manner, you can become a victim of government overreach as well.
d) From where does the City of Tucson derive its Power to enact such an ordinance? A.R.S. 13-3108, state preemption, firearms, prohibits any subdivision of the State from enacting any ordinance that is more strict than the State.
The Mayor and Council will say this is a sensible ordinance and ask why wouldn’t someone want to report their stolen or lost firearm? I would prefer to ask why such an ordinance is necessary when there is no evidence non-reporting is a problem.
We believe this ordinance is more about ‘pushing the envelope’ in order to assert their Power to regulate firearms regardless of A.R.S. 13-3108. Councilman Kozachik has made it clear that he wants to dismantle state firearms preemption so the City of Tucson can prohibit firearms in city buildings, parks and wherever else they feel the need.
Link to the proposed Ordinance: http://www.tucsonaz.gov/sirepub/cache/2/u32q31552ekmrq55qmc0ou55/52881440528201306513022.PDF
2) The second ordinance is one that is commonly referred to as Genna’s Law, in honor of Genna Ayup who was shot and killed by her boyfriend. Barbara LaWall, Pima County Attorney, did not bring the case to trial because the investigators failed to properly investigate. Without the evidence, LaWall did not feel there was enough evidence to prosecute the boyfriend.
This angered many and there was an attempt to enact Genna’s Law at the State level by Rep. Ethan Orr and Victor Steele. The bill did not become law. Now the Mayor and Council, specifically Council members Uhlich, Kozachik, Fimbres and Cunningham want to enact Genna’s Law at the city level.
This too is a violation of A.R.S. 13-3108, state preemption, firearms.
Moreover, there is no implied consent as there is with the BAC test when operating a motorized vehicle. The mere act of obtaining the driver’s license gives your consent to be ‘searched’, allowing law enforcement to take your blood to test for alcohol and/or drugs.
This is a broad overreach of government authority. The City of Tucson should not begin carving out exceptions to normal investigative procedures as well as procedures of the Court just because a firearm is involved.
Link to the proposed Ordinance: http://www.tucsonaz.gov/sirepub/cache/2/u32q31552ekmrq55qmc0ou55/528814605282013070918652.PDF
Again, the Mayor and Council will NOT allow public comment on either proposal. This is a growing trend where the City of Tucson does not want to hear from you. YOU SHOULD REMEMBER THIS WHEN YOU VOTE IN THE CITY ELECTIONS LATER THIS YEAR!
If you would like your voice heard, you may fill out a speakers card for Call to the Audience. You will have up to 3 minutes to speak your mind.
Mayor and Council, City Hall
255 W. Alameda
The meeting begins at 5:30 pm.
Ken Rineer, President