The Sedona City Council plans to alter an ordinance that makes it illegal to carry a gun on trails and open spaces without a permit after two Republican lawmakers claimed the rule violates state law.
Reps. Quang Nguyen (R-Prescott Valley) and Selina Bliss (R-Prescott) claimed Sedona – which bans carrying a firearm into any park, trail or open space – violated a law that only allows cities to ban the discharge of firearms in parks and preserves.
A spokeswoman for Sedona said the council plans to update the ordinance at an upcoming meeting on Dec. 10.
“In the new ordinance, a person will be able to carry the firearm in the park but can’t discharge it unless in self-defense,” spokeswoman Lauren Browne said.
Browne also disputed Nguyen’s contention that the city did not respond to his initial letter expressing concerns about the ordinance sent in October, saying Mayor Scott Jablow left a voicemail with Nguyen’s office and spoke to his assistant on multiple occasions.
Nguyen and Bliss had filed a complaint with Attorney General Kris Mayes, asking her office to investigate the situation, which could result in financial penalties under a separate law that penalizes municipalities that violate state law. Those so-called “1487 complaints,” named after Senate Bill 1487 that was signed by former Gov. Doug Ducey in 2016, allow any lawmaker to request an attorney general investigation into cities, towns and counties suspected of adopting rules, ordinances and regulations that conflict with state statute.
Nguyen said he hasn’t seen the new ordinance yet.
“But I’m very positive that Mayor Jablow and the City Council decided to update the ordinance to be aligned with the state preemption law,” Nguyen said.
The “preemption law” Nguyen referred to is a 2010 law passed by the Arizona Legislature that allowed Arizonans who are 21 years old or older to carry a concealed weapon without a permit.
That conflicts with the Sedona ordinance, which exempts individuals with a permit from the firearm prohibition.
The Sedona Red Rock News reported that rule was adopted by the Sedona City Council in 2009, a year before the statewide concealed carry law was signed by Republican Gov. Jan Brewer.
“When you have an ordinance like that, and it’s outdated and no one looks at it – just imagine how many of us have violated this law not knowing it, and that’s my main concern,” Nguyen said.
A spokesman for the Arizona Attorney General’s Office said it is asking Nguyen and Bliss to “pause their complaint while the new language is reviewed.”
“I’m very happy about it,” Nguyen said of the city’s plan to update the ordinance. “And I’d be happy to withdraw the 1487 as well.”
Nguyen told the Arizona Republic he also planned to review ordinances in Goodyear and Eloy that could violate the law.
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