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State lawmakers are at odds over a Pima County ordinance requiring gun owners to report lost or stolen firearms.

The Pima County Board of Supervisors voted 4-1 to implement the ordinance on March 5, over the objections of the panel’s lone Republican. 

Soon after, Republican state Rep. Quang Nguyen (R-Prescott Valley) asked the county to repeal the measure. He cited a legal opinion from former Republican Attorney General Tom Horne in 2013 that determined a nearly identical measure in Tucson was unconstitutional. 

“This ordinance violates state law by imposing on lawful gun owners mandatory and stringent reporting requirements,” Nguyen wrote.

Under the ordinance, a firearm owner whose gun is stolen or lost must report it to local law enforcement, along with any other pertinent information, within 48 hours of “the time the person knew or should have known” the gun went missing. 

The penalty for each violation is set at $1,000 at the urging of the county attorney.

Under Arizona state law, municipalities may not “enact any ordinance … relating to the possession …  transfer … of firearms,” which Horne cited when weighing in against Tucson’s previous ordinance in 2013. 

“Are you trying to spread fear so that people will support your continued effort to regulate our guns?” county resident Terra Radliff asked during the public comment portion of the county board’s meeting. “I am frightened and terrified when I see you working towards removing my rights,” she said.

Supporters of the ordinance such as Democratic Supervisor Adelita Grijalva say it’s a boon to law enforcement, and it helps combat gun trafficking.

“I was happy to support this. I’m hoping that it will stand. I’m anticipating that we’ll have a legal challenge,” Grijalva said. 

Grijalva said she and fellow Democratic Supervisor Rex Scott have been working on gun safety issues since they were elected. 

“I do think we need to limit access to those who should not have them, especially young people,” she said.

Democratic Rep. Nancy Gutierrez (D-Tucson) asked the state’s current attorney general, Democrat Kris Mayes, for a new opinion on the ordinance. 

Gutierrez says she hopes a favorable opinion will deter lawsuits challenging it.

Scott told the board that the Pima County Attorney’s Office consulted with Mayes’ office in drafting the ordinance to ensure the county was on “secure legal footing.”

A spokesperson for Mayes said attorneys from each office spoke with one another, but that “the AG’s Office did not provide any opinion about the legality of the ordinance.”

Grijalva said the county’s ordinance is modeled after similar measures in other states, and added that she hopes more counties will adopt it.

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