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Supreme Court case threatens San Diego’s robust gun violence restraining order program

Why it matters

San Diego has arguably the most robust gun violence restraining order program in California. It is designed to remove firearms from people who pose a threat to themselves or to others.

But a case before the U.S. Supreme Court could upend the program. It involves a Texas man who lost his right to own a gun after facing a domestic abuse restraining order. His attorney argues that a ruling issued by the high court last year expands gun rights to people under restraining orders.

City Attorney Mara Elliott said a decision in the Texas man’s favor would undercut the gun restriction programs in San Diego and beyond.

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“If the court determines that that person still has a right to guns, I don't see why we'd have gun violence restraining orders,” said San Diego City Attorney Mara Elliott.

Without this tool, she added, “I think we're going to see the death rates for people who are victimized just skyrocket.”

By the numbers

Since late 2017, San Diego’s gun violence restraining order program has removed more than 1,000 firearms from people who pose a threat to themselves and to others.

According to the city attorney, about 36% of gun violence restraining orders involve threats to intimate partners or family.

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The restraining orders can last up to five years. However, people can request to regain their gun rights early if they meet certain requirements laid out by the court.

Looking ahead

The Supreme Court is expected to issue its ruling by June 2024. In the meantime, the city attorney’s office will continue to pursue gun violence restraining orders.

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KPBS has created a public safety coverage policy to guide decisions on what stories we prioritize, as well as whose narratives we need to include to tell complete stories that best serve our audiences. This policy was shaped through months of training with the Poynter Institute and feedback from the community. You can read the full policy here.