Benjamin Gould secures pro bono victory upholding Washington weapons-surrender statute

July 08, 2025

Please be advised that this announcement discusses the topic of domestic violence.

We're thrilled to announce that Benjamin Gould has secured a significant pro bono victory on appeal. He has successfully defended a Washington statute that allows courts to require individuals subject to civil protection orders, including domestic violence protection orders, to surrender their firearms. 

The Washington Court of Appeals’ precedential opinion in the case, Montesi v. Montesi, was the first to address the constitutionality of Washington’s current weapons-surrender statute. In concluding that the statute does not violate the Fifth, Fourth, or Second Amendments and is consistent with the separation of powers, the court’s opinion agreed with the arguments in our brief. 

This decision is likely to have statewide consequences, since many local jurisdictions had been relying on an earlier, out-of-date precedent to deny requests for the surrender of firearms.

This pro bono victory upholds a vital protection for victims of domestic violence and maintains the careful balance between individual liberties and public safety. The case also underscores our firm's continuing commitment to providing access to justice.

You can read the Court's precedential opinion here.

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