California justice department to release gun violence data it withheld from UC researchers

The California Department of Justice announced this week that it will expand access to and begin releasing certain gun violence prevention data that it had withheld from a state-funded University of California research center.

Less than a week into the job, Attorney General Rob Bonta committed to releasing data that track gun sales, restraining orders and other ownership information to a team at the University of California Firearm Violence Research Center.

The announcement comes weeks after researchers raised concerns that the agency was denying them certain records that rendered some studies impossible to complete.

Bonta also said his department will conduct an internal review of all data it currently collects to determine which records he can make more publicly available.

The new attorney general also pledged to work with the Legislature to clarify any outstanding legal ambiguities over other gun violence prevention records he can provide to legitimate researchers.

“Transparency is key to increasing public trust between law enforcement and the communities we serve,” Bonta said in the prepared statement. “As news of tragic mass shootings continue to dominate the news cycle, leaving many with feelings of fear and uncertainty, one of my priorities as I begin my work as the people’s attorney is to create strategies for providing researchers with the data necessary to help inform new efforts to strengthen California’s commonsense gun laws and keep firearms out of the hands of dangerous individuals.”

The Legislature passed a law in 2016 that set up and financed the center, which works alongside an existing gun violence research program at UC Davis. Lawmakers hoped the state funds could help top gun violence prevention experts independently and thoroughly review which policies best prevent firearm deaths and injuries.

Researchers had collaborated with and requested data from the Department of Justice for decades. Then-Attorney General Kamala Harris supported the 2016 legislation to established the center, an endorsement that underscored confidence in the renowned researchers.

But since 2017, when then-Attorney General Xavier Becerra took over the department, the experts said they found it increasingly difficult to access certain data, despite a legal mandate that requires the agency to provide the records.

The Legislature intervened and passed a new law to clarify and codify the agency’s responsibility to making the data available to the center.

The Department of Justice earlier this year contended that it’s legally prohibited from releasing identifying information like names, court cases, dates of birth and gender or sex in records that the researchers said they need. These identifiers are helpful when evaluating whether California’s gun violence restraining orders work to prevent violence.

To obtain the records, researchers have to submit formal requests through a rigorous application process and safely secure the sensitive information.

The so-called “red flag” orders allow family members and law enforcement personnel to petition a court for the temporary removal of firearms from someone who’s considered dangerous. The data informed a 2019 study that identified 21 instances in which gun violence restraining orders helped prevent mass shootings.

The agency will, following Monday’s announcement, provide personal identifying information in these records, when necessary for qualified research purposes.

In an emailed statement, the center’s director Dr. Garen Wintemute celebrated the announcement.

“This is exciting news, and we’re very glad that Attorney General Bonta has made these commitments,” Wintemute wrote. “A better understanding of violence helps us prevent it, and that is a goal all Californians—and all Americans—share. As scientists, we are proud to do our part in working toward that goal.”

Wintemute added that he was “heartened by the decision to look internally at the practices and interpretations of the law that led to the withholding of the data in the first place.”

This story was originally published April 28, 2021 at 10:15 AM.