Facing legal action, Tucson council to discuss gun destruction

The Arizona Attorney General’s Office has issued an ultimatum to Tucson over its policy of destroying confiscated handguns and automatic rifles.

Stop the practice immediately or face an expensive court battle, the office has warned city officials.

“To be clear, if the Council does not intend to promptly undertake such action to remedy the issues regarding the destruction of firearms identified in the Office’s report, then the Office plans to file a petition for special action with the Arizona Supreme Court shortly thereafter to obtain a resolution,” Assistant Attorney General Brunn Roysden wrote in a letter to city officials last week.

The Tucson City Council will meet in executive session Tuesday, Dec. 6, with City Attorney Mike Rankin to discuss legal strategies about the long-established city policy of turning most guns taken in by police into scrap metal.

Several members of the City Council have publicly defended the policy, saying destroying the firearms is lawful because the disposition of municipal property is a “local concern.”

The issue involves a new state law known as SB 1487. Signed by Gov. Doug Ducey earlier this year, it restricts local governments from passing any laws that conflict with state laws, and jeopardizes their state-shared revenue if they don’t repeal such laws.

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Tucson received $172 million from the state last year.

Mayor Jonathan Rothschild said, whether through the guns case or another, the state law will eventually be challenged in court. He noted officials of other towns and cities are also concerned about the law, which could impact local decisions ranging from minimum wages to banning the use of plastic bags.

Tucson Councilman Steve Kozachik contends the law violates the state constitution. “It’s like these guys legislate to litigate and ignore they’re wasting taxpayer money,” he said.

If the city defends the policy in court, it is required to post a $70 million bond just to fight SB 1487, Kozachik said.

State Rep. Mark Finchem, an Oro Valley Republican, filed the complaint with the Attorney General’s Office earlier this year, stating Tucson is violating a 2013 Arizona law that requires the sale of otherwise legal guns obtained by law enforcement agencies.

The Tucson Police Department has destroyed 4,820 guns since the beginning of 2013, city records show.