A Court of Appeals ruling can change how courts across Washington apply the law, and NJP’s strategic appeals on gun surrender orders show what that can mean for domestic violence survivors.
In 2023, a flawed Administrative Office of the Courts opinion declared orders requiring abusers to surrender their firearms unconstitutional. Many Washington courts stopped issuing them, and at least two women were later shot and killed by their abusers. When Ilana Hernandez sought protection from a partner who had threatened her with guns, a judge granted the order but let him keep his weapons.
NJP attorneys Karla Carlisle and Mary Welch knew the reasoning was wrong and appealed three cases. In 2025, the rulings made clear that courts must order surrender when there is a credible threat involving weapons. Failing to do so, the Division 3 Court of Appeals wrote in Ilana’s case, “left Ilana vulnerable, undermining the purpose of the protection order.”
Courts statewide are again issuing gun surrender orders, though ensuring full compliance is ongoing work. By carrying key cases through the appellate courts, NJP can turn one family’s fight into greater protection for survivors across Washington.