Understanding the Issue

In recent years, efforts to address domestic violence have increasingly focused on a critical aspect of safety: removing firearms from perpetrators. The presence of a firearm in a domestic violence situation increases the risk of homicide for women by 500%.

On June 21, 2024, the Supreme Court upheld a ruling that keeps guns out of the hands of abusers in the case of United States vs. Rahimi. Jeanette Hauck, YWCA Spokane CEO, shared in a recent blog post that “We are extremely relieved to hear the decision on this case, but we also know that just having the laws doesn't keep guns away from abusers.”

Innovation and Collaboration

Since 2020, YWCA Spokane has been fortunate to staff a grant-funded position for a Firearms Investigative Analyst to ensure compliance with orders of protection issued by the courts to protect domestic violence survivors. Before this role was established, compliance with these orders was as low as 1%. "Our Family Justice Center is working to ensure firearms are removed from perpetrators of intimate partner violence correctly and swiftly," states Sally Winn, Legal Services Director.

Within a year, our analyst dramatically increased compliance from 1% to nearly 90%. Our method involves comprehensive investigative research to confirm firearm ownership and ensure compliance, significantly enhancing safety for the individual themselves, victims, law enforcement, and community at large.

This work involves communicating directly with perpetrators, referred to as the respondent to the order, where she explains the process and emphasizes how they can become compliant with the order. Last year, there were around 1,000 compliance review hearings for firearm removal.

"The success of our innovative approach is thanks to the collaboration of the Family Justice Center, which houses our firearms investigative analyst, legal advocates, and law enforcement," says Sally.

Legal advocates work directly with survivors and often uncover information about firearms that had not been previously disclosed. Law enforcement are serving the protection and firearm surrender orders. Joined with our analyst’s investigation, they are able to build a better picture of the respondent. This collaboration not only enhances the safety of victims but also streamlines judicial processes, reducing the need for repeated court appearances and increasing overall efficiency.

Impact of Firearm Surrender

The significance of removing firearms from domestic violence situations cannot be overstated.

“Domestic violence calls are the most dangerous calls officers respond to,” shares the Firearms Investigative Analyst.

Safely securing firearms during the period of the protection order allows for a "cooling off period." Safekeeping the firearms substantially reduces the risk of homicide or suicide. This proactive measure not only protects victims but also mitigates risks for law enforcement officers responding to these volatile situations.

In May of 2024, a new grant allowed law enforcement to serve protection orders with an order to surrender firearms outside of their normal shift hours. These extra details have resulted in the removal of 44 firearms in a month. The success of this pilot program prompts our analyst to ask, “What would happen if we had designated officers to do this?” When the process moves smoothly, it means our communities are safer because then “Guns are removed right the first time, which is statistically the most important time,” our analyst says.

Advocating for Accountability

Despite significant progress, challenges remain. Currently, there are not clear consequences for individuals who fail to surrender their firearms as directed by the court.

Our analyst is advocating for the courts to establish cause-and-effect consequences for non-compliance. This approach not only ensures accountability but also strengthens the enforceability of protection orders, thereby enhancing overall safety for survivors of domestic violence.

“It’s up to the courts to establish the consequence, since it’s their order,” says our analyst.

Locally, the Honorable Debra R. Hayes set the precedent in Washington State by holding an individual in contempt of court with a 30-day jail sentence for not complying with her order to surrender firearms. If someone is caught possessing a firearm while under a protection order, it constitutes a felony unlawful possession of a firearm charge. This underscores the urgent need for clarity and consistency in enforcement protocols, ensuring that orders are not just issued but also actively enforced to prevent further harm.

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Our Legal Services department provides assistance with navigating legal issues, proceedings, and paperwork related to intimate partner domestic violence. Learn more about legal services at ywcaspokane.org/legal-support.