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STATE EX REL. BRNOVICH v. CITY OF TUCSON

No. CV-16-0301-SA.

399 P.3d 663 (2017)

STATE of Arizona, EX REL. Mark BRNOVICH, Attorney General, Petitioner, v. CITY OF TUCSON, Arizona, Respondent, Jeff DeWit, in his official capacity as State Treasurer, Nominal Respondent.

Supreme Court of Arizona.

As Amended August 17, 2017.

Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, Dominic Draye , Solicitor General, Paula S. Bickett , Chief Counsel, Civil Appeals Section, Paul N. Watkins (argued), Brunn (Beau) W. Roysden III , Oramel H. (O.H.) Skinner , Evan G. Daniels , John Heyhoe-Griffiths , Aaron M. Duell , Assistant Attorneys General, Phoenix, Attorneys for State of Arizona.

Richard M. Rollman (argued), Richard A. Brown , Bossé Rollman PC, Tucson, Attorneys for City of Tucson.

Dennis I. Wilenchik , John D. Wilenchik , Wilenchik & Bartness, P.C., Phoenix, Attorneys for Jeff DeWit.

Paul F. Eckstein (argued), Jean-Jacques Cabou , Perkins Coie LLP, Phoenix, Attorneys for Amicus Curiae League of Arizona Cities and Towns and Carol McMillan; Brad Holm , City Attorney, Thomas G. Stack , Assistant City Attorney, Phoenix, Attorneys for City of Phoenix; and Richard W. Files , City Attorney, Rodney C. Short , Assistant City Attorney, Yuma, Attorneys for City of Yuma.

Michael J. Rusing , J. William Brammer, Jr. , Rusing, Lopez & Lizardi, PLLC, Tucson; and David H. Thompson , Peter A. Patterson , John D. Ohlendorf , Cooper & Kirk, PLLC, Washington, D.C., Attorneys for Amicus Curiae National Rifle Association of America, Inc.

VICE CHIEF JUSTICE PELANDER authored the opinion of the Court, in which CHIEF JUSTICE BALES and JUSTICES BRUTINEL and TIMMER joined. JUSTICE BOLICK concurred in part and in the result. JUSTICE GOULD, joined by JUSTICES BOLICK and LOPEZ, concurred in part and in the result.

¶ 1 The primary issue we address here is whether the state may constitutionally prohibit a city's practice, prescribed by local ordinance, of destroying firearms that the city obtains through forfeiture or as unclaimed property. We conclude that a generally applicable state statute on this...

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