PIMA COUNTY, Ariz — Pima County's newly minted gun law is in the crosshairs of a state representative.
He says the law, approved last week, violates state law and the right of gun owners, fining them if they fail to report their gun is lost or stolen.
In a letter addressed to the Pima County Board of Supervisors, State Rep. Quang Nguyen said the new ordinance violates Arizona State law, A.R.S. § 13-3108, which prohibits local governments from enacting firearm-related regulations that exceed state law.
Nguyen, in the letter Wednesday, demanded a repeal of the ordinance stating:
"The ordinance violates state law by imposing on lawful gun owners mandatory and stringent reporting requirements ... and significant consequences."
He said the city of Tucson passed a similar ordinance 10 years ago.
"The Arizona Attorney General issued an opinion concluding that the ordinance conflicted with A.R.S. 13-3108(a) and (d), and state law has not materially changed since the Attorney General's opinion."
In response to Nguyen's letter, State Representative Betty Villegas said: "I think it's premature for him to do so. At least this provides a way to keep guns from going into the wrong hands for the wrong reasons."
The new ordinance will require anyone who knew or reasonably should have known that a gun had been stolen or lost to report it to local authorities within 48 hours of discovering the weapon is missing.
Failure to do so will result in a fine of up to $1,000 for each violation.
John Petrush, owner of John's Guns and Ammo, says he thinks gun owners should be held responsible but with exceptions.
"It's utilized in a crime, and they didn't report it, then yes, they should be held responsible. …
"Going on vacation for a month, and during that month's time someone breaks into their home, steals their gun and utilizes it in a crime, they shouldn't be held responsible for that; they had no idea it was missing."
Other state representatives came to Nguyen's defense.
In a statement to the Pima County Board of Supervisors, state Sen. Justine Wadsack said:
"It is clearly unconstitutional, needlessly invites costly litigation, and infringes upon protections guaranteed under state law."
The Pima County law will go into effect next month.
To read Arizona State law, A.R.S. § 13-3108, visit here.
UP TO SPEED