Some judges arent ordering accused abusers to surrender guns
A Washington Court of Appeals ruling mandates that Brandon Montesi must surrender his firearms, countering his argument that the state's firearm surrender law infringes on his constitutional rights. Montesi's ex-wife had filed for a domestic violence protection order, claiming he threatened her life while brandishing an ax and boasting about his firearm collection. The court's decision stands in stark contrast to the earlier Flannery ruling, which limited judges' ability to issue firearm surrender orders in domestic violence cases. While federal law restricts certain alleged domestic abusers from gun ownership, Washington's law necessitates the surrender of firearms under specific conditions. Advocates for victims are optimistic that this ruling will lead to stricter enforcement of firearm surrender laws.
However, many courts, such as those in Pierce County, have been slow to issue surrender orders. Montesi is now seeking a review from the state Supreme Court, which could further define the law's application in civil protection orders. The outcome could significantly impact how courts handle firearm surrender in domestic violence cases moving forward.