Tucson, AZ Firearms: Local Firearms Preemption (2026)
Key Facts
- Preemption Statute
- A.R.S. Sec. 13-3108
- Statewide Carry
- Permitless open & concealed carry (21+)
- Key Case
- State ex rel. Brnovich v. City of Tucson (2017)
- What's Preempted
- Transport, possession, carry, sale, transfer, purchase, storage, licensing, registration, discharge, use
- Civil Penalty
- Up to $50,000 per knowing violation
Summary
Tucson cannot enact local firearm ordinances. Arizona Revised Statutes Section 13-3108 preempts municipal regulation of firearm transport, possession, carry, sale, purchase, storage, licensing, registration, discharge, and use. Any local rule more prohibitive than state law is void.
13-3108. Firearms regulated by state; state preemption; injunction; civil penalty; cause of action; violation; classification; definition. A. Except as provided in subsection G of this section, a political subdivision of this state shall not enact any ordinance, rule or tax relating to the transportation, possession, carrying, sale, transfer, purchase, acquisition, gift, devise, storage, licensing, registration, discharge or use of firearms or ammunition or any firearm or ammunition components or related accessories in this state. B. A political subdivision of this state shall not require the licensing or registration of firearms or ammunition or any firearm or ammunition components or related accessories or prohibit the ownership, purchase, sale or transfer of firearms or ammunition or any firearm or ammunition components, or related accessories. [...] D. A political subdivision of this state shall not enact any rule or ordinance that relates to firearms and is more prohibitive than or that has a penalty that is greater than any state law penalty. A political subdivision's rule or ordinance that relates to firearms and that is inconsistent with or more restrictive than state law, whether enacted before or after July 29, 2010, is null and void. E. A political subdivision of this state shall not enact any ordinance, rule or regulation limiting the lawful taking of wildlife during an open season established by the Arizona game and fish commission unless the ordinance, rule or regulation is consistent with title 17 and rules and orders adopted by the Arizona game and fish commission. This subsection does not prevent a political subdivision from adopting an ordinance or rule restricting the discharge of a firearm within one-fourth mile of an occupied structure without the consent of the owner or occupant of the structure.
Full Breakdown
A.R.S. Sec. 13-3108 occupies the field of firearm and ammunition regulation and expressly voids any city or county ordinance more prohibitive than state law. Tucson learned this the hard way: in State ex rel. Brnovich v. City of Tucson (2017), the Arizona Supreme Court upheld a state statute (A.R.S. Sec. 12-1841) that conditions state shared revenue on local compliance with state preemption, and Tucson ended its destruction-of-seized-firearms policy as a result. Tucson now retains only the narrow authority that state law preserves: standard sales tax on firearms, limits on unaccompanied minors under 14 with hunting/marksmanship carve-outs, generally applicable business and zoning rules for firearm dealers, employee-conduct rules for city workers, and park-discharge rules with carve-outs for supervised ranges, hunting, and self-defense. Statewide, Arizona is permitless-carry, adults 21+ may carry openly or concealed without a permit under A.R.S. Sec. 13-3112(N).
Violations & Fines
Any Tucson ordinance more prohibitive than A.R.S. Sec. 13-3108 is null and void. The statute creates a private cause of action with a civil penalty up to $50,000 per knowing violation, plus attorney fees, and shared state revenue can be withheld under A.R.S. Sec. 12-1841.
Frequently Asked Questions
Can Tucson ban handguns or assault weapons?
What firearm rules apply in Tucson?
Are there any local firearm restrictions in Tucson?
Sources & Official References
Other rules in Tucson
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