Posted 6:07 PM 9/26/2013 : Attorney General rules "Genna's Law" is unenforceable
TUCSON - A Tucson city ordinance called Genna's Law has been ruled unenforceable by Attorney General Tom Horne. Genna's law would make it a felony for someone to fire a weapon with a blood alcohol level of .08 or more.
Attorney General Tom Horne says the Tucson City Council lacks the authority to allow police to do that.
The law is named after Genna Ayup, who was shot and killed by her boyfriend Ronald Corbin Jr. In June of 2012. He claims it was an accident, as he was cleaning his gun. Detectives later learned Corbin had been drinking. Manslaughter charges were dropped due to lack of evidence showing Corbin meant to kill Ayup.
Genna's Law was unanimously voted on by the Tucson City Council in May. It gave police authority to require a blood or breath test in case of an accidental shooting.
Sarah Ayup is upset over the Attorney General's ruling, "I'm sorry that Tom Horne feels that this is not enforceable, but I disagree with him and I am still going to fight for it."
Sarah was Genna's older sister, "It's a common sense law. If you drink and drive then you have to pay the price. If you are drinking and want to shoot off a gun and it kills somebody, then you should pay the price."
Ayup believes there's a misconception the law is meant to infringe on people's rights to bear arms. "It's not about taking your guns away. If it was your sister or daughter this happened to, you would want the same thing."
Sarah says the family misses Genna daily, it's even more difficult during holidays and birthdays. "15 months today that she was killed. And it still doesn't get any easier and everyday that we wake up it's just a reminder of what happened and that she's never coming back."
City Councilman Paul Cunningham was responsible for the ordinance. He says they went through painstaking efforts to insure the ordinance adhered to the state law. He says he will go to the state legislature next session with Genna's law again. Earlier this year it was introduced, by state lawmakers Bruce Wheeler and Ethan Orr. It failed.
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