GOP lawmakers turn to county attorney to pursue litigation against Phoenix gun transfer ordinance
Listen to this article
Since the state’s attorney general hasn’t expressed interest in filing litigation against the city of Phoenix after an unlawful firearms transfer, Republican lawmakers are asking a conservative county attorney to pursue the matter.
Reps. Travis Grantham, R-Gilbert; Quang Nguyen, R-Prescott Valley; and Selina Bliss, R-Prescott, sent a letter to Maricopa County attorney Rachel Mitchell on Monday asking her office to open a criminal and civil investigation into a recent Phoenix ordinance that authorized the transfer of nearly 600 unclaimed firearms to Ukraine.
attorney General Kris Mayes, a Democrat, investigated the ordinance following a formal complaint from Nguyen and Bliss. Her report following the investigation stated the ordinance was unlawful but also noted that Mayes wasn’t going to file a lawsuit against the city because the weapons had already been shipped to Ukraine and the city repealed the ordinance within 30 days of the report.
Mayes said in her report her office is only obligated to encourage state subdivisions to resolve ongoing issues and also commended the city for its “creative” solution in trying to reduce gun violence while supporting Ukraine’s war efforts. She also called the laws the ordinance violated “inflexible and frankly offensive” to victims of crime and gun violence.
“Neither the AG’s Report nor the City’s repeal of its Ordinance absolves the City Mayor or Councilmembers of criminal or civil liability for their misconduct,” the three legislators wrote in their letter to Mitchell.
On Tuesday, Mitchell’s Deputy Chief of Staff Jeanine L’Ecuyer confirmed to the Arizona Capitol Times that the attorney’s office received the letter and has begun an initial review of the law and facts to evaluate potential next steps.
Mayes determined the ordinance violated state statue that mandates how municipalities can dispose of firearms, requiring unclaimed firearms to be resold to businesses that are legally authorized to sell firearms under state and federal law.
Republican lawmakers also alleged that Phoenix officials knowingly violated state law and asked Mitchell to investigate the extent city officials tried to conceal their conduct and interfere with Mayes’ investigation.
According to Mayes’ report, city officials asked the attorney general’s office to stop its investigation after the city shipped the firearms and provided a written notice that terminated the agreement with the shipping company that sent the weapons to Ukraine, arguing those actions mooted her investigation.
The attorney general’s report states the contract to ship the weapons was executed on Aug. 4 and the firearms transfer has been completed, but the lawmakers say the city hasn’t disclosed the exact date that firearms were sent abroad and there are “significant and unsettled” legal and factual questions that remain.
Bliss and Nguyen first contacted the city shortly after the ordinance was passed by the city council on July 3 to express their concerns over the legality of the city’s ordinance. Nguyen later told the Arizona Capitol Times he didn’t meet with a city official to discuss the ordinance until Aug. 17, and a complaint was filed with Mayes a few days later.
According to emails provided by the House GOP between House General Counsel Linley Wilson and Phoenix officials, Wilson first asked if the city intended to move forward with the firearms transfer on July 25 and asked on Aug. 4 if the city would still have custody of the unclaimed firearms after Bliss and Nguyen’s meeting with the city.
Phoenix attorney Julie Kriegh confirmed to Wilson on July 26 that the contract wasn’t fully executed, but no emails provided by the House answered Wilson’s similar question on Aug. 4 – the same day Mayes noted the contract was executed in her report.
“In a free society, it is critical that our elected officials follow the rule of law, even when they may disagree with the underlying policy of the law,” the legislators wrote in their letter. “Citizens in our state are held to this standard every day. Arizonans reasonably expect – and the law demands – that government leaders likewise comply with state law or risk serious consequences for their intentional disregard of the law.”
The lawmakers demanded Mitchell hold Phoenix city leaders accountable since the alleged conduct occurred in her jurisdiction and urged her to pursue a quo warranto action to challenge if Phoenix Mayor Kate Gallego and other city council leaders have a legal right to continue holding office.
attorney-to-pursue-litigation-against-phoenix-gun-transfer-ordinance/”>Source link
Attorneys and law firms can elevate their online presence with professionally written content from SEO Content Writing Services monthly plan. Our team of experienced writers specializes in crafting blog posts, articles, and written content that accurately reflect the expertise and knowledge of our clients in the legal field. With a keen eye for detail and a thorough understanding of legal terminology, we provide high-quality writing that helps our clients stand out from their competition and engage with their target audience. Trust SEO Content Writing Services for one time article writing or monthly written content to handle all of your written content needs and showcase your law firm's expertise.
If you need written content, blog posts, or articles professionally written for your website, we can help. Go HERE to find out more.
or email us here: myseowritingservices@gmail.com
To find out more about our article writing or blog post services, fill out the form, thank you.