Legal Opinion

City of Tucson v. Rineer

Court of Appeals of Arizona

Decided August 27, 1998No. 2CA-CR97-0407PublishedCited by 20 opinions

1Opinion of the Court

OPINION

ESPINOSA, Judge.

¶ 1 After entering Himmel Park with a handgun, appellant Kenneth Rineer was cited for violating Tucson City Code § 21-3(5)(2), which prohibits using or possessing firearms within Tucson city parks. Rineer moved to dismiss the complaint, arguing the ordinance is preempted by A.R.S. §§ 13-3102, 13-3107, and 13-3108(A) and violates his constitutional right to bear arms under article II, § 26 of the Arizona Constitution. The city court granted Rineer’s motion, finding the ordinance “unconstitutional in that the state has preempted the control of firearms within the state.”…

2Cases cited43 opinions

  1. Campbell v. Superior CourtArizona Supreme Court · 1971
  2. Kalodimos v. Village of Morton GroveIllinois Supreme Court · 1984
  3. Galvan v. Superior CourtCalifornia Supreme Court · 1969
  4. Jett v. City of TucsonArizona Supreme Court · 1994
  5. State v. ReidSupreme Court of Alabama · 1840

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3Cited by20 opinions

  1. Dillon v. Zeneca Corp.Court of Appeals of Arizona · 2002
  2. McMann v. City of TucsonCourt of Appeals of Arizona · 2002
  3. City of Tucson v. GrezaffiCourt of Appeals of Arizona · 2001
  4. City of Tucson v. Consumers for Retail ChoiceCourt of Appeals of Arizona · 2000
  5. City of Tucson v. Pima CountyCourt of Appeals of Arizona · 2001

15 more not listed; retrieve them via the Exa API.

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