Local Firearms Preemption: Phoenix vs Surprise
How do local firearms preemption rules compare between Phoenix, AZ and Surprise, AZ?
Phoenix and Surprise have similar restriction levels.
Phoenix, AZ
Maricopa County
Phoenix cannot enact local firearm ordinances — Arizona Revised Statutes Section 13-3108 preempts municipal regulation of the transportation, possession, carrying, sale, transfer, purchase, storage, licensing, registration, discharge, or use of firearms or ammunition. Any local ordinance more prohibitive than state law is void.
View full Phoenix rules →Surprise, AZ
Maricopa County
Arizona Revised Statutes section 13-3108 preempts almost every Maricopa County firearm rule, voiding any county ordinance on registration, magazine limits, sales, or transport beyond state law. Only narrow discharge and county-property authority survive across unincorporated land.
View full Surprise rules →Key Facts Comparison
| Fact | Phoenix | Surprise |
|---|---|---|
| Preemption Statute | A.R.S. Sec. 13-3108 | - |
| Statewide Carry | Permitless open & concealed carry (21+) | - |
| What Phoenix May Regulate | Sales tax, minors <14, park discharge, employee conduct | - |
| What's Preempted | Transport, possession, carry, sale, transfer, purchase, storage, licensing, registration, discharge, use | - |
| Civil Penalty | Up to $50,000 per knowing violation + fees | - |
| Preemption statute | - | ARS section 13-3108 |
| Discharge authority | - | ARS 13-3107(C) |
| Civil penalty on county | - | Up to $50,000 |
| County registration | - | Not allowed |
Highlighted rows indicate differences between cities.
Phoenix FAQ
Can Phoenix ban handguns or assault weapons?
No. A.R.S. Sec. 13-3108 preempts the entire field and expressly voids any local ordinance more prohibitive than state law. Phoenix cannot ban any firearm type state and federal law allow Arizonans to possess.
What firearm rules apply in Phoenix?
Arizona state law. Adults 21+ may carry a handgun openly or concealed without a permit (permitless carry, A.R.S. Sec. 13-3112). Federal background-check rules apply at licensed dealers.
Are there any local firearm restrictions in Phoenix?
Only narrow ones state law allows: limits on unaccompanied minors under 14, park-discharge rules with safety carve-outs, generally applicable zoning of firearm dealers, and conduct rules for city employees on duty.
Surprise FAQ
Can Maricopa County require gun owners to register?
No. ARS section 13-3108 preempts any county registration, licensing, or permit-to-own scheme. Only federal background checks at point of sale apply across unincorporated Maricopa County.
Did the county lose older firearm rules after preemption?
Yes. Maricopa County repealed several park and parks-and-recreation carry restrictions after ARS 13-3108 was strengthened in 2016, leaving only narrow discharge and zoning authority intact.
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