Some Washington judges arent ordering accused abusers to surrender guns

The Washington Court of Appeals upheld the constitutionality of the state's firearm surrender law, rejecting Brandon Montesi's argument that it violated his Fourth and Fifth Amendment rights. Montesi faced a domestic violence protection order that required him to surrender firearms, which he failed to do. The court found that about 13 of his firearms, including assault rifles and handguns, remained unaccounted for. This ruling could prompt judges to enforce firearm surrender orders against alleged domestic abusers more rigorously. Victim advocates view this decision as a potential turning point, despite ongoing hesitations in some courts influenced by the earlier Flannery ruling.

Courts like the Cowlitz County Superior Court have recently started issuing surrender orders again on a case-by-case basis. The ruling underscores the importance of balancing victims' rights against defendants' constitutional protections. Montesi is now seeking a review from the state Supreme Court, which could further shape the legal landscape surrounding firearm surrender in domestic violence cases.