Golden State Today

California Attorney General Rob Bonta released a statement following the Supreme Court's decision in United States v. Rahimi, which reversed a lower court ruling that would have posed risks to domestic violence victims by allowing their abusers access to firearms. The case centered on a federal law preventing individuals under certain Domestic Violence Restraining Orders (DVROs) from possessing guns. Previously, the Fifth Circuit Court of Appeals had vacated the criminal conviction of a defendant who unlawfully possessed a firearm while under a DVRO issued by a Texas state court for assaulting his ex-girlfriend.

"This is an important victory for public safety and for survivors of domestic violence nationwide," said Attorney General Bonta. "Disarming violent and dangerous individuals is a cornerstone of public safety. Many people’s lives and safety rely on efforts to keep guns out of the hands of people engaged in violent and abusive conduct. Laws prohibiting individuals subject to Domestic Violence Restraining Orders from possessing firearms are a critical tool for preventing shootings and other serious harms. These laws have played a critical role in reducing gun violence in California, and they empower survivors to build lives free from terror and abuse. Today the Supreme Court rightly held that these laws are constitutional. In California, we will continue to prioritize efforts to defend and implement policies that protect survivors from gun violence."

Attorney General Bonta joined 25 attorneys general in submitting an amicus brief urging the Supreme Court to reverse the Fifth Circuit decision and uphold the federal law restricting firearm access for those under DVROs.

In November 2023, the California Department of Justice’s Office of Gun Violence Prevention issued a data report examining the connection between domestic violence and gun violence. The report highlighted California’s progress in reducing firearm-related domestic violence incidents as well as challenges faced during the COVID-19 pandemic. It also outlined various support services, crisis intervention options, safety planning measures, and protections available through the DVRO process.

For Gun Violence Awareness Day in June 2024, the Office published "Pathways to Safety: California’s Nine Court Protection Orders to Prevent Gun Violence." This guide details protection order processes available in California courts aimed at safeguarding individuals experiencing violence or threats by allowing them or others acting on their behalf to present evidence before judges. If sufficient evidence is found, courts may issue protection orders imposing mandatory safety rules, including firearm restrictions.

California's nine protection order processes include DVROs along with Civil Harassment Restraining Orders, Criminal Protective Orders, Elder or Dependent Adult Abuse Restraining Orders, Gun Violence Restraining Orders, Emergency Protective Orders, Juvenile Restraining Orders, Postsecondary School Violence Restraining Orders, and Workplace Violence Restraining Orders. Both state and federal laws mandate enforcement of out-of-state and tribal court-issued protection orders within California.

A copy of the opinion can be found here.

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