I am writing to you today in my official capacity regarding the validity and enforceability of Sedona.

Statute 12.30.090.

Consistent with Arizona’s Second Amendment rights, Arizona law generally preempts cities.

And other political wings in this state have distanced themselves from enacting ordinances regarding the possession, carrying, and discharge of firearms in this state. ARS § 13-3 I 08(A). However, cities can enact ordinances.”[l]imitate or prohibit the discharge of firearms in parks and reserves if certain legal conditions are met; See ARS § I 3-3 I 08(G)(5).

Here, Ordinance 12.30.090 appears to be invalid and unenforceable because it goes beyond:

State law allows. The ordinance reads as follows:[i]You may not bring into or discharge into any park, trail, or open area any firearm, projectile weapon, or other device that could cause injury to people or animals or damage or destruction to property. It’s illegal. ” (Emphasis added) The ordinance then exempted those with CCW permits, but starting in 2010 Arizona also exempted individuals who legally openly carry weapons, subject to some restrictions. Allowing people to carry concealed weapons without a permit.

And while ARS § I 3-3 I 08 allows cities to regulate the discharge of firearms in parks;

The ordinance’s prohibition on carrying firearms is inconsistent with ARS § 13-3108. Additionally, the ordinance is intended to regulate areas other than parks and preserves (i.e., trails and “open space areas”, a broad, vague, and undefined term).

Contact me with a legal analysis of the validity of Ordinance 12.30.090.

We can discuss our findings as soon as possible and the next steps we will take to ensure that Ordinance 12.30.090 complies with state law.

With respect,