In this January 2013 file photo, a  community service officer with the Tucson Police Departmen helps log handguns at a gun-surrender event. Republican Rep. Mark Finchem has filed a complaint asking the state Attorney General's Office to investigate whether Tucson is violating a 2013 law requiring sales of otherwise legal guns.

A southern Arizona lawmaker wants Arizona Attorney General Mark Brnovich to determine if Tucson is breaking state law by destroying guns rather than selling them.

Republican Rep. Mark Finchem filed the complaint Wednesday. It asks Brnovich to investigate whether Tucson is violating a 2013 law requiring sales of otherwise legal guns.

Finchem says he has proof that Tucson is breaking the law, noting the obtained city documents outlining the destruction of guns - including a collectable gun worth more than $10,000 -  through a public records request.

"The city of Tucson flagrantly violated state statutes and deprived the taxpayers of the opportunity to obtain fair-market value of a public asset," he said in a prepared release, noting the guns should have been auctioned off to the highest bidder.

A law signed by Gov. Doug Ducey this year that says local governments that violate state laws lose their state shared revenue if they don't stop. Tucson received $172 million last year, Finchem says.

City Attorney Mike Rankin says Tucson provided records of sales and destruction of guns to Finchem and will respond to any attorney general inquiry.

Councilman Steve Kozachik said the complaint is designed simply to punish political opponents. 

"It is clearly unconstitutional, you can't strip the city's funding without due process," Kozachik said. "Guys like Finchem have never gotten over my gun buyback program."

State Senator Steve Farley agreed, saying Finchem represents only his political constituency and wants to use the state legislature to force Democrat-controlled counties, cities and towns to bend to his political will.

The been no decision about investigating the complaint, says Brnovich spokeswoman Mia Garcia.


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Reporter Joe Ferguson contributed to this report.