AG Becerra Takes Heat for DOJ's Move to Restrict Release of Gun Violence Data

With one foot already out the door, state Attorney General Xavier Becerra is facing criticism from gun safety advocates, researchers and some lawmakers following his department's move to limit the amount of gun-violence data it makes publicly available.

The state Justice Department, which Becerra leads, is considering a rule change it says is based on privacy concerns that would restrict the release of identifying information related to gun-violence restraining orders.

Garen Wintemute, who directs the state-funded Firearm Violence Research Center at UC Davis, said that information is critical to his research process.

"To find the right records, we have to know who those records might be on," he said. "That information is public. DOJ has that public information aggregated at the statewide level. They are the only source of that information at the statewide level. They know that."

News of the DOJ rule change comes as Becerra prepares to leave office and move to Washington, D.C., where he is likely to soon be confirmed as secretary of Health and Human Services in the Biden administration.

Wintemute, who's been using data from the agency for decades, said the state DOJ stopped providing identifying information in 2020 — even before announcing the potential rule change.

In a recent statement, the DOJ said it values data-driven research and its role in pushing forward smart policies that help prevent gun violence.

But, it added, "We also take seriously our duty to protect Californians’ sensitive personally identifying information. The proposed draft regulations are intended to balance these concerns and establish best practices."

The DOJ said it welcomes feedback on the rule — which it's now receiving in spades.

Wintemute's center has used the data to study the effectiveness of California's gun-violence restraining order in preventing mass shootings, as well as other incidents of gun violence, including suicide.

“There are other ways to work on firearm violence that will matter without DOJ data," Wintemute said. "But there are entire types of studies that can only be done with access to DOJ data.”

The proposed changes have many researchers scratching their heads, particularly because the state in 2016 passed legislation specifically funding Wintemute's organization in an effort to make up for the dearth of nationally available research and data.

Assemblymember Phil Ting, D-San Francisco, called the recent move surprising, and in response, has authored a bill to require the state DOJ to continue sharing its data with the research center.

"Obviously, we've made our intentions very, very clear about how important this data is and how important this research is," Ting said.