Court Overturns Pima County Law Punishing Gun Theft Victims

Pima County Superior Court Judge Greg Sakall invalidated Pima County Ordinance 2024-2 this week, a legislative move that imposed a $1,000 penalty on legal gun owners for failing to report lost or stolen firearms within two days. The ordinance, which had been enacted by the County Board of Supervisors in March 2024, faced legal challenges spearheaded by the Goldwater Institute.

Goldwater took up the case on behalf of Air Force veteran Chris King and the Arizona Citizens Defense League. They argued that, under state law, local governments lack the authority to impose firearm regulations beyond those set by the Arizona legislature. Judge Sakall’s ruling corroborated this stance, asserting that the ordinance violated several state law provisions.

The ruling highlighted A.R.S. § 13-3108, which prevents local political subdivisions from enforcing stricter firearm regulations than those established by the state. This statute specifically states that local ordinances contradicting state laws are null and void, emphasizing the precedence of state law in matters concerning firearms.

Before passing the ordinance, a majority of the county board acknowledged potential legal overreach. Board members had previously remarked that the regulation of firearms should remain a state-level issue, yet they proceeded to enact the ordinance regardless. Republican Supervisor Steve Christy raised concerns about the possibility of lawsuits arising from conflicts with state law during the March meeting. He labeled the ordinance as a diversion from pressing local issues, such as illegal immigration.

Democrat Supervisor Dr. Matt Heinz also noted that meaningful reforms in gun safety are contingent upon political alignment at the state level, suggesting that significant legislative changes would require a unified Democratic governance.

King, who experienced a burglary that resulted in the theft of a firearm while he served active duty, praised the court’s decision. He stated, “I’m grateful the court recognized that Pima County officials are not above the law. Firearm owners like me shouldn’t have to pay exorbitant fines as punishment for being robbed.”

Goldwater Staff Attorney Parker Jackson expressed that the ruling is a crucial victory for the principle of law, affirming that it protects gun owners from inconsistent and overreaching local regulations.