Phoenix city officials acknowledged earlier this summer that a plan promoted by its police department to donate hundreds of unclaimed guns to the Ukrainian National Police would lead to a loss of revenue due to not selling the guns via a contracted vendor.
Now, the city’s insistence in following through on the donation plan could lead to a civil monetary penalty if an ordinance passed in June to give the guns to a private third party company on behalf of Ukraine violates multiple state laws as two Arizona lawmakers contend.
And the legality of the situation might end up at the Arizona Supreme Court if Arizona Attorney General Kris Mayes cannot come to a legal conclusion herself.
On Monday, Rep. Quang Nguyen and Rep. Selina Bliss filed a formal request known as a SB1487 Complaint to Mayes seeking an investigation into whether Phoenix Ordinance S-50010 enacted on June 28 violates state law.
Mayes is required to investigate anytime a lawmaker submits a SB1487 Complaint. She has 30 days to complete that investigation and respond to Nguyen and Bliss.
The ordinance in dispute allows the Phoenix City Manager to enter into a contract with DT Gruelle to send roughly 600 unclaimed handguns, rifles, and shotguns from the Phoenix Police Department to Ukraine instead of having the firearms sold on behalf of taxpayers.
But Arizona has at least three statutes addressing the responsibilities and limitations of how municipalities can dispose of unclaimed weapons. Donating to a foreign country’s police force is not listed as an option, according to Nguyen and Bliss.
“Adherence to the law is not an option but an imperative – especially for public officials,” the two lawmakers noted in a joint statement announcing their SB1487 Complaint. “Mayor Gallego and the City Council should repeal their misguided ordinance and instead prioritize the safety and security of its own community.”
It is the second time Quang and Bliss, both Republicans representing Legislative District 1, have sought to have the issue addressed.
On July 3, they sent a letter to Mayor Kate Gallego raising questions about the legality of the gun donation in light of Arizona’s well established gun laws. The letter was sent in the lawmakers’ capacity as Chair and Vice Chair of the House Judiciary Committee.
But instead of responding to the lawmakers, city officials simply moved ahead with the plan by signing a contract on Aug. 4 and completely ignored the concerns expressed by Quang and Bliss.
It was not until Aug. 16 that a response was made to the lawmakers. However, Phoenix officials failed to address the specific state laws referenced in the July letter.
“The City’s willful ignorance of state law is not only troubling; it places the City in a precarious position should this issue be litigated,” Nguyen and Bliss wrote to Mayes.
The lawmakers concede the matter will be moot if Phoenix officials repeal the S-50010 before Mayes finishes her required investigation. However, if the ordinance is not repealed, the lawmakers make clear they want a legal finding and action by Mayes, not simply a legal opinion.
And if the attorney general is unclear as to whether Phoenix officials violated state law, Nguyen and Bliss demand that Mayes pursue a special action in the Arizona Supreme Court “for judicial resolution of this important matter of statewide concern.”
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Phoenix Fast & Furious Style Plan To Give Guns To Ukraine Is Illegal, Lawmakers Allege
