Arizona Lawmakers Pass Bill Allowing Cities to Be Sued over Gun Control

AP Photo
AP Photo

Arizona lawmakers passed a bill on May 6 that allows lawsuits to be filed over gun controls put in place by cities around the state.

The bill, SB 1266, is intended to serve as an enforcement mechanism to ensure cities and municipalities abide by the state’s preemption law. The preemption law forbids cities and municipalities from passing any gun controls that exceed controls approved by the state legislature.

According to the Yuma Sun, lawmakers were motivated to pass SB 1266 after the city of Tucson refused to do away with two gun control ordinances that exceed what has been passed by the state legislature. One ordinance allows Tucson police “to request a breath sample” in a situation where a firearm has been negligently discharged, and the other is a reporting requirement for stolen firearms.

“Arizona law bars cities from passing ordinances relating to the ‘discharge and use of firearms,'” and the legislature has already passed a requirement regarding stolen firearms.

Tucson refused to repeal the gun controls in the face of a 2013 State Attorney General’s opinion that both controls violated preemption. SB 1266 is now on Governor Doug Ducey’s (R) desk.

AWR Hawkins is the Second Amendment columnist for Breitbart News and political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him directly at