State Rep. Quang Nguyen (R-LD01) advised Pima County that its latest firearms ordinance violates state law.
In a Tuesday letter to the county’s board of supervisors, Nguyen said the ordinance, which imposes reporting requirements and fines on gun owners related to loss or theft of a firearm, was “extremely troubling” since it amounted to regulatory authority only available to the state legislature per state law, supported by a 2017 Arizona Supreme Court ruling. Nguyen pointed out that a similar ordinance by the city of Tucson was determined unlawful by then-Attorney General Tom Horne in 2013.
“Another attempt to regulate firearms via an illegal ordinance by Pima County,” said Nguyen.
Nguyen also pointed out that the city of Phoenix’s ordinance regulating unclaimed firearms violated multiple state laws, per Attorney General Kris Mayes last September. Mayes affirmed the Arizona Supreme Court’s determination that firearms regulation remains a statewide concern.
Under Pima County’s new ordinance passed last week, gun owners face up to $1,000 in fines every time they fail to report lost or stolen firearms to police within two days. The board of supervisors passed the ordinance 4-1; only Supervisor Steve Christy voted against it.
In the ordinance, the board of supervisors justified its regulation by relaying that those prohibited from owning firearms have committed a significant number of the county’s firearm-related crimes with the help of straw purchasers. The board reasoned that the ordinance’s reporting requirements would help find and prosecute those straw purchasers.
“Reporting requirements assist with the apprehension and prosecution of straw purchasers, preventing or deterring them from claiming that a firearm they bought and transferred to a prohibited possessor was lost or taken in an unreported theft as well as preventing or deterring prohibited possessors from falsely claiming that their firearms were lost or stolen when law enforcement moves to remove them,” read the ordinance.
The ordinance originally proposed a $300 fine for each failure to report a lost or stolen firearm.
It was Pima County Attorney Laura Conover who suggested an increase in the fine amount to $1,000, in her letter of support to the board. Conover said that her office had handled over 100 cases involving firearms used by prohibited possessors last year, six of which were murder charges. Conover’s letter made no mention of the potential conflict between the ordinance and state law.
“Do we want law enforcement in Pima County to track down the origins of a firearm only after a crime has been committed, only to be told that the firearm was lost or stolen?” said Conover. “Or do we want to provide law enforcement with an opportunity to track down lost or stolen firearms before they land into the hands of prohibited possessors or, worse, the hands of young people or people with mental disabilities?”
The county further justified its ordinance by citing a 1998 Arizona Court of Appeals ruling in City of Tucson v. Rineer and a federal district court ruling on a California law in National Association for Gun Rights v. City of San Jose. Nguyen criticized the county’s justifications as irrelevant to their ordinance.
“Rineer analyzed the validity of a Tucson City Code provision that prohibited using or possessing firearms within Tucson city parks. Rineer also predates the Arizona Supreme Court’s 2017 opinion in City of Tucson,” said Nguyen. “It should go without saying that Arizonans expect county officials to enact laws that comply with Arizona laws, not California laws. Moreover, the ordinance that the federal court considered in the San Jose case did not impose any mandatory reporting requirements, fines, or penalties and bears no resemblance to the Ordinance here.”
Nguyen warned the county that “knowing and willful” violations of state firearm law incur a $50,000 penalty.
Pima County’s firearms ordinance takes effect in April.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Congresswoman Debbie Lesko (R-AZ-08) brought her endorsement of Arizona House Speaker and congressional candidate Ben Toma (R-LD27) to the U.S. House floor.
During Tuesday’s House floor session, Lesko praised the state representative as “an accomplished and dedicated leader.” The congresswoman specifically applauded Toma’s work on passing universal school choice, voter ID, border security through e-Verify, and the state’s largest tax cut.
Lesko closed with what sounded like confidence in Toma’s fitness to represent the state at the congressional level.
“Speaker Toma’s career is a testament to his dedication to Arizona, his legacy of leadership will last for years to come,” said Lesko.
Lesko formally endorsed Toma in December, emphasizing Toma’s longtime residence and understanding of the eighth congressional district.
“Ben Toma lives in our district. He knows our district. He cares about the people who live in our district. As a legislator and Speaker of the Arizona House, Ben has a proven, conservative track record for getting things done and for standing up for the principles that have made our nation great. Now, more than ever, we need principled, experienced leaders, like Ben Toma, who will stand up for our values and advance our conservative priorities in Congress. I’m proud to endorse Ben Toma for Congress and will be working hard to get him elected because I know he will do a great job!”
I'm grateful to have the support and trust of Congresswoman Debbie Lesko. Her commitment to serving the West Valley is unparalleled. Thank you, Congresswoman! pic.twitter.com/MqkUoIstjv
Toma also has endorsements from former Sen. Jon Kyl; former Gov. Jan Brewer; State Sens. Frank Carroll (R-LD28) and John Kavanaugh (R-LD03); State Reps. Beverly Pingerelli (R-LD28), David Livingston (R-LD28), Quang Nguyen (R-LD01), and Justin Wilmeth (R-LD02); Surprise Mayor Skip Hall; former State Rep. Jean McGrath; Maricopa County Treasurer John Allen; Glendale Councilmember Lauren Tolmachoff; and former Republican Senate candidate Jim Lamon.
Ten other Republicans who have filed a statement of interest for the eighth congressional district are 2022 attorney general candidate Abe Hamadeh, State Sen. Anthony Kern, 2022 Senate candidate Blake Masters, former congressman Trent Franks, Isiah Gallegos, Rollie Stevens, Patrick Briody, Seth Coates, Jon Forsythe, and Jimmy Rodriguez.
An internal poll in December by National Public Affairs, a firm run by former Trump administration staffers, found Hamadeh had between 37 percent (uninformed of endorsements) and 45 percent (informed) voter support: a 23-point lead over the next leading candidate, Masters (14 percent uninformed, 10 percent informed). Franks followed behind (six percent uninformed, seven percent informed), then Toma (seven percent, both informed and uninformed), and then Kern (three percent uninformed, two percent informed). About 30 to 34 percent of polled voters remained undecided.
Another internal poll from last month by Fabrizio, Lee & Associates found that Hamadeh and Masters had equal voter support, both polling at 24 percent, with Franks following behind (nine percent), then Toma and Gallegos (three percent), and then Kern (one percent). 35 percent remained undecided.
Hamadeh has endorsements from a whole host of Trump administration officials, endorsees, and former President Donald Trump himself. Among Hamadeh’s endorsers are Senate candidate Kari Lake, Trump administration national security advisor Robert O’Brian, Trump administration national intelligence director Ric Grennell, Trump administration senior national intelligence advisor Kash Patel, Florida Congressman Cory Mills, and former Arizona GOP chair Kelli Ward.
Seven Democrats to have filed a statement of interest for the eighth congressional district are Sheila Bilyeu; Donald Case; Bernadette Greene Placentia; Marc Lewis; Steven Sawdy; Mark Thompson; and Whitten Gregory.
Two Libertarians also filed their statements of interest: January 6 participant Jacob Angeli-Chansley, the “Shaman,” and Alex Kolb.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Arizona Republicans and Democrats are warring over an amended bill in the state legislature that would serve to protect businesses against overreaching government bureaucrats.
On Friday, State Representative Matt Gress sent a letter to Governor Katie Hobbs over her “recent press release voicing opposition to [his] Floor amendment to H.B. 2209.” The bill, which was sponsored by Representative David Livingston, would “add certain responsibilities to the Industrial Commission of Arizona (ICA) relating to violations and inspections [and] continue the ICA for three years.”
The proposal passed out of the Arizona House Committee on Commerce with a 10-0 vote before meeting resistance from the chamber’s Democrats after an amendment from Gress. The Republican lawmaker’s amendment did the following:
Includes a requirement for the determinations, penalties, and fines for labor violations to be considered, authorized, and determined by an affirmative vote of two-thirds of commissioners present and voting.
Instructs the commissioners to consider whether a violation continues after the employer’s course of conduct has ceased.
Prohibits the Director from allowing any individual to accompany an inspector when conducting inspections for the ICA unless the individual meets specified criteria as outlined.
House Democrats attacked the amendment, insinuating that it would “make Arizona workplaces a far more dangerous place to be.” The Caucus’ “X” account posted that Gress’ “meddling could result in federal OSHA taking over Arizona’s state workplace oversight responsibilities.”
Republican Rep. Matt Gress has amended the continuation bill for the Arizona Industrial Commission to make Arizona workplaces a far more dangerous place to be. His meddling could result in federal OSHA taking over Arizona’s state workplace oversight responsibilities. #Hb2209https://t.co/dnpCtkQdEm
The amended legislation narrowly passed the chamber with a 31-28 vote (with one seat vacant).
Gress’s amendment earned a response from the Area Director of the Occupational Safety and Health Administration, T. Zachary Barnett, who wrote to the ICA Director, saying, “the impact of House Bill 2209 on the State Plan’s enforcement program would result in the Arizona State Plan not being ALAE [“as least as effective] with respect to who is permitted to participate in an Arizona Division of Occupational Safety and Health (ADOSH) inspection.” Barnett requested “that these changes be omitted from Arizona’s legislation to avoid OSHA reaching an adverse ALAE determination with respect to the Arizona State Plan.”
In his letter to Hobbs, Gress pushed back on OSHA’s assertions, stating that the letter from the federal bureaucrat “does not provide any legitimate reason for opposing H.B. 2209.” Gress said that the amended bill “will prevent potential safety and financial liability from union organizers, outside agitators, and other third parties who may enter Arizona workplaces with accompanying state OSHA inspectors.” He added, “H.B. 2209 maintains the rights of workers to decide for themselves about union representation, protects Arizona businesses from excessive costs and injury claims and infringement upon their property rights, and promotes safety during worksite inspections.”
Gress then made eight arguments to support his amendment against the claims of OSHA and other detractors. Those were that “H.B. 2209 is consistent with 40 years of interpretation of federal law and seeks only to mitigate the harm from a union-backed expansion of OSHA practices proposed by the Biden Administration,” that “Mr. Barnett’s criticism of H.B. 2209’s definition of ‘authorized employee representative’ is baseless because H.B. 2209 mirrors federal law,” that “H.B. 2209 would enable businesses to protect their trade secrets if outsiders are allowed to accompany Arizona OSHA inspectors,” that “H.B. 2209 would enable businesses to preserve safety during inspections that include outsiders in the workplace,” that “H.B. 2209 will reduce abuses from unions, outsiders, and third parties using OSHA as a tactic in ‘corporate campaigns’ to punish businesses whose workers choose not to be represented by a union,” that “Mr. Barnett’s letter neglects to mention the process entailed for federal recognition of Arizona’s State OSHA plan,” that “it is inappropriate for Mr. Barnett to comment on the amendments to ARS 23-108.03 and ARS 23-408(M),” and that “Mr. Barnett’s letter is simply the latest attempt of OSHA’s repeated pattern of bureaucratic rivalry with the Arizona State OSHA plan.”
Gress ended his letter to the governor by urging her “not to be distracted, deterred, or intimidated by the unfounded opinions expressed in Mr. Barnett’s letter,” but “instead [to] stand with Arizona businesses in support of H.B. 2209 and encourage all legislators to vote in favor of H.B. 2209.”
H.B. 2209 now resides in the Arizona Senate for consideration.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Two House Republicans and one Democrat from Arizona wrote to IRS Commissioner Daniel Werfel asking the agency to reconsider its decision to subject the Arizona Families Tax Rebate Program to federal income taxation.
Representatives David Schweikert, R-Ariz., Juan Ciscomani, R-Ariz., and Greg Stanton, D-Ariz., sent the letter Wednesday.
“We urge the IRS to reconsider its determination and provide expedited relief to compliant Arizonan taxpayers who have already filed their 2023 tax returns,” the three wrote.
More than 700,000 Arizona taxpayers were eligible to receive a one-time tax rebate as the state continues to recover from historic inflation levels that placed severe financial strain on families across the state, according to the representatives’ news release.
“The country is poorer now than it was three years ago, and Arizonans are no different, facing the brunt of financial pressure with supermarket prices now nearly 25% higher than in January 2020, for example,” the letter says. “State officials acted in good faith with the reasonably available information to provide more than 700,000 households with much-needed relief from price increases on everyday goods and services.”
Tax rebates enacted by 21 states were determined to be tax exempt in guidance issued by the IRS in February 2023, Schweikert, Ciscomani, and Stanton wrote. Though Arizona’s tax rebate wasn’t signed into law for another three months, the IRS extended its decision to make the rebate taxable past the period when the state issued payments, according to the letter.
“In December 2023, the IRS relayed its decision orally through a video meeting, providing no written explanation until February 15, 2024, eighteen days after the start of tax season, and only in response to a letter from the Arizona Attorney General challenging the decision,” the letter says.
Arizona taxpayers are estimated to owe $20.8 million in extra federal taxes due to the IRS’ inconsistent rationale in failing to specify the factual and legal basis for the 21 states’ rebates and payments that were deemed nontaxable in 2022, according to the representatives.
“The inconsistency and delay in communication have resulted in undue financial strain on Arizonans,” the letter says.
Elizabeth Troutman is a reporter for AZ Free News. You can send her news tips using this link.
A political battle is underway over a bill that could help more Arizonans afford and own homes.
Earlier this week, a bipartisan coalition of Arizona lawmakers clashed with the Arizona League of Cities and Towns over the fate of the Arizona Starter Homes Act, which currently resides in the Governor’s Office.
FOR IMMEDIATE RELEASE: Lawmakers Respond to Arizona League of Cities and Towns Executive Director's Refusal to Negotiate on Housing Solutions, Including Arizona Starter Homes Act ⬇️ @votewarrenpic.twitter.com/NhE5Vs6TLk
Both chambers of the legislature cleared the bill with bipartisan votes. The proposal would “create municipal prohibitions relating to home designs and single-family home lot sizes” – according to the overview provided by the chamber.
In a press release from the Arizona State Senate Republican Caucus, Republican and Democrat lawmakers highlighted a statement from the Executive Director of the Arizona League of Cities and Towns, where he said, “Zoning is something that we cannot support. And we told them from the beginning.”
Director Belshe responded to the charge on “X,” writing, “I would like to address a quote attributed to me in the local media yesterday. My wording may have been a bit clunky with the reporter which led to some confusion. Generally, the League and our cities view by-right zoning from a state mandate as nonnegotiable as it tends to be anti-democratic and fails to consider the nuances of development and will lead to considerable unintended consequences.”
.@AzCities Executive Director @tbelshe responds to recent press 👇 "I would like to address a quote attributed to me in the local media yesterday. My wording may have been a bit clunky with the reporter which led to some confusion.
Belshe added, “That said, we are actively working on bills that will streamline and allow ADU’s, middle housing options, and adaptive reuse of commercial buildings. We’re additionally working on legislation that would make rezoning processes more efficient. With regards to HB 2570 the League was never given an opportunity to negotiate on the bill. Amendments were crafted by the homebuilders to secure votes of individual legislators.”
Senate President Warren Petersen took issue with the League’s ardent opposition to this bipartisan solution, saying, “The Governor is out of excuses to not sign this bill. The League just made their intentions clear. The Governor needs to do the right thing here to make housing more affordable and stand up to the League lobbyists whose only objective is to ensure nothing gets done at the legislature.”
Democrat Senator Theresa Hatathlie also weighed in to support the bill. She said, “Your home is your sacred place. It’s where you raise your family and care for your elders. I’m tired of the League and their lobbyists who come here, year after year, to deny these opportunities for the people that I represent. Enough is enough. Please sign the Arizona Starter Homes Act, Governor.”
Phoenix Mayor Kate Gallego urged the governor to veto the bill, stating. “We need more affordable housing in Arizona, but HB 2570 misses the mark. It doesn’t guarantee that starter homes would be affordable – and instead, increases profits for homebuilders and overlooks critical infrastructure and water needs. It’s curious the prime sponsors of the bill excluded their own communities from the new rules, choosing to disproportionately impact cities like Phoenix that have planned for growth and high-density development. I urge Governor Hobbs to veto this bill.”
We need more affordable housing in Arizona, but #HB2570 misses the mark. It doesn’t guarantee that starter homes would be affordable—and instead, increases profits for homebuilders and overlooks critical infrastructure and water needs. 1/2
House and Senate legislators had recently held a press conference outside of the state capitol building to champion their efforts and to lobby the governor to sign their legislation.
Republican and Democrat lawmakers joined forces today to urge Governor Hobbs to sign the bipartisan Arizona Starter Homes Act.
It's time to make the American dream of owning a home a possibility again!
After the presser, Senator Wendy Rogers posted, “Property rights are a fundamental freedom in our constitutional republic. It is up to us legislators to enable that right in every way possible… especially in our rural areas where the American dream of homeownership is becoming less attainable for hard-working Arizonans. This bill is a step in the right direction to help bring prices down!”
Standing in support of HB 2570 the “Arizona Starter Homes Act.” Property rights are a fundamental freedom in our constitutional republic. It is up to us legislators to enable that right in every way possible… especially in our rural areas where the American dream of… pic.twitter.com/Qtmun7PERz
Another ballot referral is one step closer to Arizona voters.
Earlier this week, the Arizona Senate passed SCR 1019, which would “constitutionally prohibit the state from compelling an individual to endorse giving preferential treatment to or discriminating against any individual or individuals on the basis of race or ethnicity as a condition of any hiring, promoting or contracting decision” – according to the purpose from the chamber.
🚨JUST IN- Senate Democrats voted ‘NO’ on a ballot referral that would ask voters in November to consider a state ban on hiring, promoting, or providing preferential treatment to employees based on their race or ethnicity.
The ballot referral was approved by the state Senate with a 16-12 vote. Two members did not vote.
The Arizona Senate Republicans Caucus “X” account posted, “JUST IN – Senate Democrats voted ‘NO’ on a ballot referral that would ask voters in November to consider a state ban on hiring, promoting, or providing preferential treatment to employees based on their race or ethnicity. Senate Republicans believe qualifications, performance, experience, and character should be the deciding factors, not skin color.”
Senator Anthony Kern sponsored the proposal. He was joined by Senators Wendy Rogers, Justine Wadsack; and Representatives Justin Heap, Rachel Jones, Alex Kolodin, and Austin Smith as cosponsors.
Last month, the measure cleared the Senate Government Committee with a 4-3 vote (with one member not voting). After the positive result, the committee chairman, Senator Jake Hoffman, issued the following statement: “Diversity, Equity, and Inclusion, also known as DEI, is racism by another name. These policies and programs promote preferential treatment, or discrimination, based on the color of one’s skin, their race, or ethnicity. An example of this is when an employer has two resumes in front of them, one candidate is clearly more qualified than the other because of their skills and experience, but the less qualified candidate is chosen for the job because their race is instead prioritized. This is happening right now in our universities, it’s happened in our state agencies, and it’s unequivocally wrong.”
Hoffman added, “As Chairman of the Senate Committee on Government, I was happy to advance SCR 1019, a ballot measure sponsored by Senator Kern, to reaffirm the state’s protections against racial discrimination or racial ideologies like DEI. I’m incredibly concerned with Democrats describing this racist practice as ‘progress.’ All Democrats in committee voted in support of racism.”
On the Arizona Legislature’s Request to Speak system, representatives from the Barry Goldwater Institute for Public Policy Research, and Heritage Action for America, supported the ballot referral. Representatives from the Arizona Board of Regents, Arizona Education Association, City of Phoenix, Save Our Schools Arizona, Arizona National Organization for Women, State Conference NAACP, and Rural Arizona Action, signed in to oppose the proposal.
The referral will now be considered by the Arizona House of Representatives. If passed by the state House, SCR 1019 will head to the November General Election ballot for an up-or-down vote from Arizona voters.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
