Arizona Supreme Court

State of Arizona, ex rel. Mark Brnovich v. City of Tucson, Arizona, Respondent, Jeff…

August 17, 2017242 Ariz. 588

Summary

The court accepted the Attorney General's statutory special action and held that the legislature could require the Attorney General to investigate alleged violations of state law and bring such actions in the supreme court. It held that the court's jurisdiction under the statute was mandatory and that Tucson's ordinance requiring destruction of unclaimed or forfeited firearms conflicted with and was superseded by generally applicable state laws governing firearm disposal. The court declined to decide the constitutionality or enforceability of the statutory bond provision because that issue was not necessary to resolve the petition. Justice Bolick, concurring in part and in the result, would have rejected the court's longstanding statewide-versus-local-interest framework, while Justice Gould, joined by Justices Bolick and Lopez, would have held the bond provision incomplete and unenforceable.