Gun control legislation has become a hot topic in the race for San Diego city attorney, with challenger Cory Briggs criticizing incumbent Mara Elliott for spearheading the city’s new law requiring safe storage of firearms.

Briggs, a local private sector attorney who frequently sues the city, says it’s inappropriate for Elliott to be a policy maker when the city charter limits her role to vetting legislation approved by the mayor and City Council.

He also criticized Elliott for using gun legislation to advance her political career. And he says the safe storage legislation is flawed because Elliott has no plans to enforce it.

Elliott, who was first elected in 2016 after serving as deputy city attorney, says Briggs’ criticisms echo concerns raised by gun rights advocates and show he’s out of touch with typical San Diegans.


She says it’s appropriate for her to propose gun legislation because one of her obligations as city attorney is to protect San Diego residents. And she says the legislation is not about her political career, but an effort to reduce gun violence at a time when it’s become a major societal concern.

On enforcement, she compares the goal of the safe storage law to previous legislation on seat belts and to warning signs telling people to clean up after their pets. Elliott says her priority is getting the word out and educating people, not issuing lots of citations.

The legislation, the Safe Storage of Firearms Ordinance, was approved by the City Council in July and took effect in September. It requires guns to be disabled by a trigger lock or stored in a locked container unless they’re being carried or otherwise controlled by the owner.

Briggs says the city charter clearly states that the city attorney’s role is serving as top legal advisor to the mayor and council, not policy making.


“It is inappropriate for the city attorney to act like a policy-maker because she has then created for herself a conflict of interest between fully disclosing all the legal risks associated with the proposed legislation, as any honest and competent lawyer would do, and wanting to claim victory for getting a new law passed, " he said, “which means not telling the policy-makers about legal risks that could persuade them not to adopt the city attorney’s legislation and leaving her without a political victory to brag about.

“No city attorney can objectively evaluate his or her own work product.”

Elliott disagreed.

“To take that extremely narrow position is a disservice to the city,” said Elliott. “It is an independent and elected position. I am accountable to the public, and that includes protecting their safety.”


Elliott, who also is tasked with prosecuting misdemeanors, said other examples of legislation she spearheaded include a crackdown on the street drug “spice” and adding marijuana to the city’s social host ordinance.

“It is incumbent on me to come to the council and say we need to have a safe storage ordinance for various reasons,” she said. “This is a public safety crisis because we have an epidemic of gun violence.”

Elliott’s stated reluctance to aggressively enforce the new law has been criticized by Briggs. He says she could have achieved her goal of outreach and education on safely storing firearms without passing legislation.

Briggs has also criticized Elliott for not building into the legislation a requirement to track enforcement, to ensure that minorities or other groups aren’t being treated unfairly. Elliott said that during the council hearing on the law that she agreed to track enforcement, and that she will do so.


Briggs says he agrees with the goal of making sure guns are always stored safely and that he sees value in society’s collective efforts to improve gun safety.

Elliott, however, notes that Briggs has been praised by local gun advocates for criticizing her. She also says his overall approach to guns and firearms legislation is a concern.

“I see his actions and his statements to be in lockstep with the gun lobby...” she said. “Anyone who doesn’t understand how important it is to address gun violence in San Diego is not fit to serve as city attorney.”

Briggs and Elliott will face off in the March 3 primary along with a third candidate for city attorney, Pete Mesich, who filed papers this month and has not begun fundraising. The two candidates who receive the most votes in March will advance to a November 2020 runoff.