By Daniel Stefanski |

Republican legislators are cheering on a recent legal opinion by the state’s top prosecutor.

On Wednesday, Arizona House Judiciary Chairman Quang Nguyen and Vice Chair Selina Bliss announced that they had received an answer from Attorney General Kris Mayes on the 1487 complaint they had filed with her office over “a recently passed City of Phoenix ordinance allowing the illegal donation of 599 unclaimed firearms to Ukraine’s national police force.” The lawmakers shared that the attorney general “issued an investigative report, agreeing with the legislators that the ordinance violates multiple state laws and directing the City to repeal it within 30 days.”

Nguyen and Bliss issued a joint statement, saying, “We appreciate the Attorney General’s report affirming the City of Phoenix ordinance’s violation of state law. It is frustrating that Mayor Kate Gallego and Councilmembers were informed of this as far back as July 3, yet Mayor Gallego then willfully, disregarded state law and rushed the transfer of these firearms abroad. Then, while a pending investigation into the ordinance’s legality was underway, the City attempted to cancel the arrangement altogether to avoid the Attorney General’s report. That’s not leadership, it’s shameful. As public officials, it is imperative that we uphold the rule of law and respect our state constitution. Witnessing Mayor Gallego blatantly neglect this responsibility, especially with full awareness of the law and its implications, is disheartening.”

Mayes’ report looked at a 2017 Arizona Supreme Court ruling to assist with her determination of the matter at hand, finding, “In 2017, the Arizona Supreme Court considered whether a Tucson ordinance providing for the destruction of firearms could coexist with an Arizona statute barring firearms destruction. The Court held that firearms regulation is a matter of statewide concern, thereby precluding cities from enacting firearms ordinances that conflict with state law.”

The Attorney General’s office concluded that this judicial precedent “is controlling here,” adding, “Arizona law requires cities to dispose of unclaimed firearms by selling them in the manner provided by statute, yet the Ordinance provides for Phoenix to dispose of its unclaimed firearms by donating them to Ukraine via an export company. Because a ‘donation’ is not a ‘sale’ – and because the Ordinance conflicts with A.R.S. 12-945 in other related respects – it violates that statute, and therefore also violates A.R.S. 13-3108(A) and A.R.S. 12-943.”

The report from Attorney General Mayes may have sided with the Arizona lawmakers on the legality of the City of Phoenix’s actions, but addressed the motivations behind the City’s efforts, encouraging adherence to the law in future attempts or vehicles. The Office ended its report by stating, “While the Office believes that controlling legal authorities compel this conclusion, this report should not be construed as a rebuke of the public spirit underlying the City’s desire to aid Ukraine or as an endorsement of the policy underlying Arizona’s firearms disposition statutes. Nor should it discourage future support and donations to Ukraine or elsewhere that can be carried out in compliance with Arizona law.”

In a statement, Mayes expressed concern over the existence of the laws that she had just found to be controlling in this situation. She said, “While my office has determined that Phoenix’s ordinance conflicts with state laws concerning firearm disposal, I am deeply troubled by these statutes. These laws are inflexible and frankly offensive to the victims of crime and communities affected by gun violence. The laws essentially mandate that confiscated firearms, most of which have been used in crimes, must be resold and put back on the streets. That is an insult to the survivors and victims of the original gun violence. These laws perpetrate a cycle where weapons are reintroduced into the very communities that have already been harmed by gun violence. The families of people who are murdered or maimed by gun violence should not have to live with the knowledge that those weapons are still on the streets.”

Mayes called for legislators to “focus on passing sensible gun legislation instead of filing complaints against cities like Phoenix.”

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.