“A Man’s Home is His Castle”? Intimate Partner Violence, Firearm Surrender, and Home Searches under Article I, Section 7 of the Washington Constitution Authors

Abstract: Intimate partner violence (IPV) remains a vexing problem in Washington. Firearms make intimate partner violence much more dangerous and, frequently, deadly. To protect victims of IPV and to reduce its severity when guns are present, the State of Washington put in place a comprehensive statutory scheme to disarm perpetrators of IPV. In 2022, however, the Washington Court of Appeals for Division II held, in State v. Flannery, that the statutory firearm surrender scheme violates article I, section 7 of the Washington Constitution, which prohibits disturbing a person’s private affairs or invading their home without authority of law. This Article develops an analysis of article I, section 7 through the lens of intimate partner violence and feminist critique. It urges Washington courts to consider the historical treatment of IPV victim-survivors, the dynamics of abuse, and current implications of uncritically perpetuating notions of the sanctity of the private sphere and the home for the purpose of interpreting article I, section 7 and determining the constitutionality of home searches to enforce firearm surrender orders. Through this lens this Article revisits key article I, section 7 doctrines and standards and concludes that the firearm surrender scheme should be upheld.