Preemption | Arizona Concealed Carry

Arizona State Preemption of Firearm Laws

Arizona has one of the strongest state preemption laws in the country regarding firearms regulation. Under A.R.S. § 13-3108, titled "Firearms Regulated by State; State Preemption; Injunction; Civil Penalty; Cause of Action; Violation; Classification; Definition," the Arizona Legislature has broadly prohibited political subdivisions (cities, towns, counties) from enacting local firearm regulations that differ from or exceed state law.

Statutory Framework: A.R.S. § 13-3108

General Prohibition (Subsection A)

A political subdivision of Arizona shall not enact any ordinance, rule, or tax relating to the:

• Transportation, possession, carrying, sale, transfer, purchase, acquisition, gift, devise, or storage of firearms or ammunition
• Licensing or registration of firearms or ammunition
• Discharge or use of firearms
• Any firearm or ammunition components or related accessories

This prohibition is deliberately broad - the statute uses the word "relating to," which courts have interpreted expansively to cover even indirect regulations of firearms.

Prohibition on Registration and Record-Keeping (Subsections B & C)

Political subdivisions shall not:

• Require licensing or registration of firearms, ammunition, or related accessories
• Prohibit the ownership, purchase, sale, or transfer of firearms or ammunition
• Maintain any record (permanent or temporary), including lists, logs, or databases, of:
  • Identifying information of persons who leave weapons in temporary storage at public establishments or events
  • Identifying information of persons who own, possess, purchase, sell, or transfer firearms (except during law enforcement investigations)
  • Descriptions or serial numbers of weapons left in temporary storage

Preemption Standard (Subsection D)

A political subdivision shall not enact any rule or ordinance that:

• Relates to firearms and is more prohibitive than state law, OR
• Has a penalty greater than any state law penalty

Critically, any local rule or ordinance that is inconsistent with or more restrictive than state law - whether enacted before or after July 29, 2010 - is null and void.

Firearm Destruction Prohibition (Subsection F)

The state, any agency or political subdivision, and any law enforcement agency shall not facilitate the destruction of a firearm or purchase/acquire a firearm for destruction purposes, except as authorized by A.R.S. §§ 13-3105 or 17-240.

Limited Exceptions (Subsection G)

The preemption law includes narrow exceptions allowing political subdivisions to regulate in the following areas:

1. General sales taxes - Imposing privilege or use taxes on firearm/ammunition sales at the same rate as other tangible personal property
2. Minors' possession - Prohibiting unaccompanied minors from possessing or carrying firearms in public places (with exceptions for minors aged 14-17 engaged in lawful hunting, shooting events, marksmanship practice, agricultural activities, or lawful transportation of unloaded firearms)
3. Commercial zoning - Regulating commercial land, structures, and businesses related to firearms in the same manner as other commercial businesses (but this does not authorize regulating sales/transfers on government property differently than state law, or prohibiting lawful discharge on private non-commercial land)
4. Government employees - Regulating employees or independent contractors acting within the course and scope of their employment (but not their lawful possession in personal vehicles or on personal property, per A.R.S. § 12-781)
5. Parks and preserves - Limiting or prohibiting firearm discharge in parks and preserves, with exceptions for:
   • Lawful self-defense against animal attacks
   • Properly supervised ranges (as defined in A.R.S. § 13-3107)
   • Approved hunting areas
   • Nuisance wildlife control by permit
   • Special permit from the chief law enforcement officer
   • Animal control officer duties

Enforcement Mechanisms (Subsections H-L)

Arizona's preemption law includes robust enforcement provisions:

• Automatic Invalidity (H): Any ordinance, regulation, tax, or rule enacted in violation of § 13-3108 is invalid and subject to a permanent injunction. Good faith reliance on legal counsel is not a defense.
• Civil Penalties Against Subdivisions (I): Courts may assess civil penalties of up to $50,000 against political subdivisions that knowingly and willfully violate the preemption law.
• Personal Liability for Officials (J): Individual officials who knowingly and willfully violate the law while acting in their official capacity may be subject to termination from employment.
• Private Right of Action (K): Any person or organization adversely affected by a violating ordinance may file a civil action for:
  • Declaratory and injunctive relief
  • Actual damages up to $100,000
  • Reasonable attorney fees and costs (mandatory if plaintiff prevails)
• Criminal Classification (L): Violations of ordinances enacted under the parks/preserves exception (Subsection G, paragraph 5) are a class 2 misdemeanor unless the political subdivision designates a lesser classification.

Scope: "Political Subdivision" Defined Broadly (Subsection M)

The term "political subdivision" includes a political subdivision acting in any capacity - whether under police power, in a proprietary capacity, or otherwise. This prevents local governments from circumventing preemption by claiming they are acting as property owners rather than regulators.

Legislative Intent

The Arizona Legislature has made its preemptive intent explicit. When amending § 13-3108(A) in 2000, the Legislature included the following statement of intent:

"It is the intent of the legislature to clarify existing law relating to the state's preemption of firearms regulation in this state. Firearms regulation is of statewide concern. Therefore, the legislature intends to limit the ability of any political subdivision in this state to regulate firearms and ammunition."

• 2000 Ariz. Sess. Laws, ch. 376, § 4

Attorney General Opinion: Preemption of Tucson Ordinances

In Opinion I13-010 (R13-012) (September 25, 2013), Arizona Attorney General Thomas C. Horne concluded that A.R.S. § 13-3108 preempted two City of Tucson ordinances:

• Ordinance 11080 - Permitted officers to request blood/breath tests from suspected negligent firearm discharge. Found to conflict with § 13-3108(A) because it "relates to the discharge or use of firearms," even though it did not grant officers powers beyond existing state law.
• Ordinance 11081 - Required reporting of lost or stolen firearms, with a $100 civil sanction. Found to conflict with both § 13-3108(A) (relating to possession/transfer) and § 13-3108(D) (imposing a penalty greater than state law, since state law imposed no penalty for failure to report).

The Attorney General also found that both ordinances were preempted under field preemption principles, concluding that the Legislature's comprehensive statutory scheme - using broad terms like "relating to" and applying to political subdivisions acting "in any capacity" - demonstrated a clear preemptive policy over the entire field of firearms regulation.

The opinion cited longstanding Arizona precedent that firearm possession and regulation "presents dangers to the public and the police which have 'no reference either to time or place' and which render it a 'matter of state-wide concern.'" - Clayton v. State, 38 Ariz. 135, 148-49 (1931).

Recent Legislative Activity (2025)

In May 2025, the Arizona Legislature passed SB 1705, which would have strengthened preemption enforcement by allowing civil penalties of up to $5,000 against local officials who knowingly pass firearm restrictions in violation of state law. Governor Katie Hobbs vetoed the bill, stating it was unnecessary and would "undermine local control." The existing enforcement mechanisms in § 13-3108(H)-(K) remain in effect.

Unlawful Discharge Within Municipalities: A.R.S. § 13-3107

Separately, A.R.S. § 13-3107 makes it a class 6 felony to discharge a firearm with criminal negligence within the limits of any municipality. Exceptions include:

• Lawful self-defense or defense of others (including against animal attacks)
• Discharge on a properly supervised range
• Lawful hunting during an open season (though cities/towns/counties may restrict discharge within one-quarter mile of an occupied structure without the owner's consent)
• Nuisance wildlife control by permit
• Special permit from the municipal chief of police
• Use of blanks
• Discharge more than one mile from any occupied structure
• Animal control officer duties

A "properly supervised range" includes ranges operated by NRA-affiliated clubs, nationally recognized shooting organizations, public/private schools, or ranges approved by federal, state, or local agencies.

Firearm Restrictions on State Trust Lands

The Arizona Department of Forestry and Fire Management imposes fire-related restrictions that may affect firearm use on state lands:

• Stage 2 Fire Restrictions prohibit discharging a firearm on state lands except while engaged in a lawful hunt pursuant to state, federal, or tribal laws and regulations
• Target shooting is NEVER allowed at any time of the year on State Trust Lands
• Fireworks are also never permitted on State Trust Lands

For current fire restriction status, visit dffm.az.gov/fire-restrictions or WildlandFire.az.gov.

Key Takeaways for Concealed Carry Permit Holders

• Arizona's preemption law ensures uniform firearm regulations statewide - local jurisdictions cannot impose additional restrictions on carrying, possessing, or transporting firearms beyond what state law provides
• Local ordinances that conflict with state firearms law are automatically null and void, regardless of when they were enacted
• Permit holders have a private right of action with potential recovery of damages and attorney fees if a local government violates preemption
• The only local firearm regulations you may encounter involve parks and preserves discharge restrictions, minor possession rules, and commercial zoning - all of which must be consistent with state law
• Always verify current fire restrictions before discharging firearms on state lands, as seasonal restrictions may apply

For the full text of Arizona's firearms statutes, visit the Arizona Legislature website at azleg.gov. For personalized legal guidance, consult a qualified Arizona firearms attorney.