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The picturesque city of Sedona, Arizona boasts many parks, trails, and what the city calls “open space areas.” But until the city council passed an amendment this month, otherwise law-abiding citizens were prohibited from carrying firearms and other weapons for self-defense in those areas.

Now, thanks to the efforts of the Goldwater Institute, in partnership with the Arizona Citizens Defense League (AzCDL) and other allies, Sedona residents and visitors may lawfully carry firearms, knives, and other non-projectile weapons for self-defense—rights protected by state law.

In 2006, Sedona enacted City Code Section 12.30.090, broadly making it “unlawful to carry a deadly weapon into any park, trail, or open space area.” This included firearms, knives with blades longer than three and a half inches, and other “item[s] designed for lethal use.” A separate subsection of the ordinance broadly (and redundantly) prohibited the carry or discharge of firearms, projectile weapons, and explosives in those same areas. The code also requires written permission from the city for “[s]pecial events or instructional classes.”

Earlier this year, Gianluca Zanna, who lives near Sedona and is an AzCDL member, noticed this provision and alerted AzCDL that it was likely illegal under Arizona’s firearm preemption statute, which has been strengthened by the state legislature in recent years. His partner, Claudette Lyons, is a Sedona resident and was also concerned about the illegal restriction.

After AzCDL identified this illegality, it notified lawmakers, as well as the Goldwater Institute. The city council then received a request from Representative Quang Nguyen, who chairs the Judiciary Committee in the Arizona House of Representatives, to evaluate the legality of the provision. When Rep. Nguyen did not receive a response, he and Representative Selina Bliss initiated a “1487” complaint with the Arizona Attorney General’s Office. Such investigations put a city’s state funding at risk if their ordinances do not comply with state law.

Meanwhile, Goldwater also sent the city council a letter on behalf of AzCDL, Gianluca, and Claudette, demanding repeal or significant alteration of the ordinance. Goldwater’s letter pointed out that the restriction violated not just state preemption laws, but also the Arizona Constitution, which broadly protects “[t]he right of the individual citizen to bear arms in defense of himself or the state.”

Fortunately, at its December 10 meeting, the council removed the blanket prohibition on carrying weapons and all references to knives (which have their own preemption statute in state law). So, citizens may now carry firearms and knives throughout Sedona as long as they follow all state and federal laws. This is, no doubt, a step in the right direction. It is also a great example of what can happen when even one informed citizen stands up for his or her rights.

However, as is too often the case, the government still has more to do to fully comply with the law and respect citizens’ fundamental rights.

The city council left in place amended language restricting the possession or carrying in parks, trails, and open space areas of what the city classifies as air or spring-powered projectile weapons. Such weapons include BB guns, pellet guns, air guns, crossbows, longbows, spring guns, and slingshots, among others.

That means that in Sedona, a person may legally carry a rifle, shotgun, or handgun—but not a BB gun, crossbow, or slingshot. That is true even though these weapons are commonly used in a variety of lawful ways, including target shooting, hunting, and, yes, self-defense. (Defense situations involving non-explosive projectile weapons range from biblical David’s slingshot to Kevin McCalister’s BB gun in Home Alone to more recent examples involving crossbows and even slingshots.)

Of course, this absurd result is little more than an attempt by the city to cling to any semblance of regulatory power it might have over weapons. Although the ordinance now avoids certain statutory problems, all of the listed weapons likely fall within the scope of the Arizona Constitution’s provision protecting the citizen’s right to bear “arms” in defense of self or the state.

Additionally, new language broadly restricting the discharge of firearms within city limits, unless in self-defense, likely violates the state firearm preemption statute because it is not limited to city parks and sweeps in legal uses such as target shooting and hunting, to the extent permitted by state law.

And lastly, the subsection requiring city permission for all “[s]pecial events or instructional classes” is not limited to those involving weapons and probably violates state laws requiring cities to set criteria using “clear and unambiguous language” any time a license or permit is required for free speech or assembly activities, and to refrain from basing licensing decisions on requirements or conditions not specifically authorized by law.

Goldwater warned the city in advance of its meeting of each of these deficiencies in the draft language.

We celebrate for the citizens who can now lawfully carry firearms and knives in self-defense in Sedona. But we hope more will be done to give full protect rights protected under the state constitution and state law, and we expect that the city will refrain from enforcing the ordinance in any illegal manner.

Goldwater will continue to fight for the right of armed self-defense in Arizona and across the country.

You can read our demand letter here.

Click here and here to read more about Goldwater’s efforts to protect the right to keep and bear arms. You can learn more about Goldwater’s work defending gun rights organizations here and here. And our fight to protect the rights of firearm-related businesses is highlighted here and here.

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This article was published by the Goldwater Institute and is reproduced with permission.