The city of Sedona is facing a possible investigation by the Arizona Attorney General’s Office following a request by Arizona Rep. Quang Nguyen [R-District 1].
On Oct. 9, Nguyen sent a letter to the city informing council and staff that Sedona City Code section 12.30.090, prohibiting the carrying of firearms in open spaces, appeared to violate Arizona Revised Statutes §13-3108, which allows local jurisdictions to regulate the discharge, but not the possession, of firearms in public parks only.
Nguyen requested that the city conduct a legal analysis of the ordinance and inform him subsequently of “any next steps you intend to take to ensure that ordinance [sic] 12.30.090 complies with state law.”
Sedona City Attorney Kurt Christianson said on Oct. 16 that the relevant section of city code, which had been adopted in 2006, was scheduled to be updated “at the end of the year or early next year.”
However, on Nov. 18, Nguyen and fellow Rep. Selina Bliss [R-District 1], both of whom represent Yavapai County and all of Sedona, requested that Attorney General Kris Mayes open an investigation into the city under the provisions of ARS §41-194.01, passed as SB1487, which allows any legislator to request a state investigation of local ordinances or regulations to confirm compliance with state law. If found to violate state statutes, the governing body has 30 days to repeal or modify the ordinance or the state treasurer is authorized to withhold state shared revenues until codes are brought into compliance.
“We asked the city to conduct a legal analysis of the validity of Ordinance [sic] 12.30.090 and ensure that the ordinance complies with state law,” Nguyen and Bliss wrote to Mayes. “The city has not responded to our letter and, to our knowledge, has not taken any actions to remedy the ordinance’s legal flaws. Accordingly, the city has left us with no choice but to request that your office undertake an investigation. Please review the question identified above and issue a written report within 30 days.”
“If the city repeals its unlawful ordinance here, we urge you to take no further action and conclude that your investigation is moot,” Nguyen and Bliss added. “If you determine that the ordinance may violate state law, please pursue a special action in the Arizona Supreme Court for judicial resolution of this important matter of statewide concern.”
“After the first letter, the mayor called Rep. Nguyen’s office, left a voicemail message and even later spoke with his assistant Dorena Wright about the message, all back in October,” Christianson said on Nov. 19. “As of yesterday, Dorena says she passed the messages on to Rep. Nguyen. The mayor never received a response from Rep. Nguyen.”
Christianson added that the code update will now be on the City Council agenda for Tuesday, Dec. 10.
