On Nov 7, the U.S. Supreme Court heard arguments in a case called United States. v Rahimi which will decide if a federal law prohibiting possession of firearms by people subject to domestic violence protection orders is constitutional. It is going to be a major decision, with the ruling expected to be given in the Spring of 2024.
The issue of whether domestic violence perpetrators should have a gun could be considered controversial, but for San Diego City Attorney Mara Elliott, it is a common sense issue that has allowed her to become a leading voice nationally for domestic violence prevention.
Mara is also a trailblazer in her field (she is the first woman, the first Latina, and the first mother elected to the position), and as such, she has inspired us to remember the importance of electing more women, having diversity in our political leadership, and that moms really do get sh*t done!
When it comes to preventing domestic violence and protecting victims, Mara is not messing around. Her work shows the clear correlation between Gun Violence Restraining Orders (GVROs) and the prevention of gun violence, which is the issue at the center of United States v Rahimi. Mara’s experience is proving that GVROs are effective solutions to the gun violence epidemic. This, coupled with her success in protecting victims of domestic violence, gives Mara expert insight on the extreme danger a bad ruling the Rahimi SCOTUS case poses to the American public.
Because of Mara’s leadership, San Diego is credited for spurring much of the statewide growth in the use of GVROs, according to a June 2020 study of California’s “red flag” law published by the Journal of the American Medical Association. California’s gun death rate is now 43% lower than the rest of the U.S.
When she took office after being elected in 2016, Mara launched San Diego’s pioneering Gun Violence Restraining Order program to stop shootings by keeping dangerous people from having guns. Through Mara’s leadership, courts have removed more than 500 firearms, including 40 assault weapons, from people who posed a threat to themselves and others, including stalkers, disgruntled employees, and potential school shooters.
Mara also spearheaded San Diego’s Safe Storage of Firearms Ordinance which requires responsible storage of weapons in the home to prevent child access to guns and crack down on stolen guns. Her innovative agenda to further gun safety has bee recognized across the country, being featured in the major media outlets such as New York Times, Los Angeles Times, and the Washington Post.
As outlined in thecrimereport.org, clearly GVROs can help prevent gun violence, but the issue is that “many Californians are largely unaware of how to obtain them―or even that they exist, according to the Violence Prevention Research Program at UC Davis Health.”
In the interest of wanting to amplify her important work and how GVROs are an important tool that can be used to stop violent perpetrators from accessing a firearm, we had the chance to speak with Mara about the Rahimi SCOTUS case, why GVROs are a common sense law, and what each of us can do to create safer communities.
Can you tell us where your law career began, and what made you want to get into the political arena?
My grandmother – born in 1922 – planted the seed when I was young. She was class valedictorian and she wanted nothing more than to be an attorney. Instead of going to college, she did what was expected of her: she got married and had a child. Later in life, she became a successful small business owner and became very engaged in politics – NWPC, Feminist Majority, LA City Boards and Commissions – and supported women candidates. She would take me to meetings and that inspired me.
As a woman and Latina in this line of work, you are a barrier-breaker! What does it mean to be the “first” in your position?
It means there is little margin for error. My advice must be validated, whereas a man can make a claim and not include any supporting authority. It also means keeping my composure at all times and picking my battles. Women leaders are often accused of being too emotional. I watch voice modulation and dress the part. We’re judged on all levels. I frequently mention my Latina roots to inspire those who are waiting in the wings, ready to try but afraid.
America has a unique problem with gun violence, and we are seeing an increased amount of activism and push for policy change across the country. When did you begin focusing on this issue specifically in your role as City Attorney for San Diego?
During my campaign, I learned about California’s new and unused red flag law. I have two kids who were the same ages as the Sandy Hook children who were murdered, and my world was rocked when the news of that tragedy came over the airwaves. Since red flag laws became law after UCSB’s mass shooting – and I went to UCSB – I felt like it was a calling. We took a chance, created the program within a year of my taking office, and it’s been very successful.
You have been lauded by the New York Times and more for your work with Gun Violence Restraining Orders (GVROs). Can you tell us what these are and how they have become effective for domestic violence victims?
The mere presence of a gun in a domestic violence situation makes it five times as likely that a woman will be killed. This is why we offer gun violence restraining orders at Your Safe Place, and why we sponsored legislation that requires all FJCs to inform their clients about GVROs.
What are some common misconceptions about GVROs that media need to better report on?
- That they violate the 2nd Amendment. That issue has been litigated.
- That they permanently remove guns. Also untrue. If someone becomes responsible after seeking help – dealing with the crisis – they are eligible to get their guns back.
- That the petitioner is taking away guns without due process. Also untrue. The petitioner must prove his/her case to a judge.
Gun restrictions are a very heated topic in this country. What kind of pushback have you gotten so far in this area, and how do you respond?
The NRA affiliates call it a gun grab, which is untrue. I have no interest in responsible gun owners.
GVROs have widespread support even among gun owners. A UC Davis study found that when people are aware of GVROs they support their use overwhelmingly. GVROs and other gun control measures save lives. California’s gun death rate is now 37% below the national average.
There is a major US Supreme Court Case that is set to make a big ruling on gun ownership with relation to domestic violence in November. What can you tell us about U.S. v Rahimi and the specifics we should know about?
United States v. Rahimi concerns whether the Second Amendment – as interpreted by the Supreme Court’s recent decision in New York State Rifle & Pistol Association Inc. v. Bruen – invalidates a federal law that prohibits those subject to certain domestic violence protective orders from possessing firearms. Almost all U.S. states and territories have similar existing laws.
More broadly, the Supreme Court’s opinion in this case is an opportunity for it to clarify the meaning of Bruen. Many opponents of gun safety regulations incorrectly contend that Bruen means a near-blanket prohibition of most common-sense gun safety laws.
The Supreme Court’s ruling in United States v. Rahimi will clarify the meaning of the new Second Amendment standard established under Bruen. It will also determine the extent of Congress’ power to pass laws that disarm individuals who are not “law-abiding, responsible” citizens.
How can each of us play an active role in creating safer communities, and advocating for ourselves?
Spread the word about red flag laws and report conduct that indicates that someone is a danger to themselves or to others and has access to firearms. That could be social media, comments made or overheard, written threats…Let law enforcement evaluate the situation. If you are in a state that does not have red flag laws, advocate for them. They save lives.
Despite what the ruling may end up being in U.S. v Rahimi, what is your mission with GVROs and gun safety in general, going forward?
We are constantly reminding the public that this life-saving tool exists. Continued PSAs are essential. We are also continuing to train law enforcement agencies throughout the state on GVROs, and with the assistance of state funding, we’re creating a regional center to assist communities that do not have law enforcement partners or attorneys to seek the orders.
You can learn more about Mara Elliott’s work as a San Diego City Attorney HERE, and follow her on Instagram. Follow updates on the United States v Rahimi SCOTUS case HERE.
