By a unanimous vote, the Tucson City Council told the city attorney to draft a resolution demanding background checks at TCC gun shows.
The city chose a resolution rather than an ordinance which may not be a violation of state law.
"It makes it so the state can't come back on us for adopting an ordinance that is stricter than state law," says council member Steve Kozachik, who is fronting the effort.
"I believe it is in conflict with state law," says Ken Rineer, president of the Gun Owners of Arizona.
But Rineer says he's not sure it will precipitate a lawsuit.
The resolution will require all gun sales, even person to person sales, to be subjected to a background check.
ARS 12.3108 prohibits local jurisdictions from adopting ordinances which are more restrictive that state law.,
Whether a resolution by-passes state law, is yet to be seen.
A resolution is policy not law.
"It addresses how we manage our property," Kozachik says. "We can say6 who we will lease to and the conditions of the lease."
As a Charter City, Kozachik believes Tucson has Home Rule rights and restricting who leases what and who does what on city property falls under that.
Kozachik says this will not solve all the problems but may keep felons and people with a criminal history from purchasing weapons illegally at gun shows.
"The state cannot force us to be party to people breaking the law," he says.
Lori McMann, who promotes the gun shows at the TCC says she will move the gun shows because she is precluded by law to require the person to person checks.
"We'll take our shows to private property outside the city limits," she says.