Skip to main content

Washington Court to Gun Owners: Two DUIs and You Lose Your Guns

Featured image for Washington Court to Gun Owners: Two DUIs and You Lose Your Guns

Washington Court to Gun Owners: Two DUIs and You Lose Your Guns

By Gregg

The Washington State Supreme Court has sent a loud and unmistakable message to gun owners across the state: two DUIs within seven years, and your firearm rights are gone. Not suspended temporarily. Not reviewed case‑by‑case. Automatically gone under state law with restoration possible only after years of proving you’ve stayed clean and law‑abiding.

As someone who believes deeply in responsible gun ownership, training, and personal accountability, I think it’s important for every gun owner to understand exactly what this ruling means and why it matters far beyond the two men whose names are on the case.

What the Court Decided

In a narrow 5–4 decision, the Washington Supreme Court upheld a 2023 statute that categorically disarms anyone convicted of two DUI‑related offenses within seven years. The law applies even if the person has no history of violence, no record of misusing a firearm, and no demonstrated threat involving weapons.

The case — McLellan and Holloway v. Brown — involved two Spokane‑area men who were denied concealed pistol licenses because of multiple DUI convictions. They argued that the state cannot strip a fundamental constitutional right without proving they pose a credible threat. A lower court initially agreed, citing the U.S. Supreme Court’s Rahimi decision, which requires some showing of dangerousness before disarming someone.

But the Washington Supreme Court reversed that ruling. According to the majority, the Legislature has the authority to disarm repeat drunk drivers based on three historical principles:

  • Legislatures have long disarmed groups deemed dangerous

  • Firearm possession has historically been restricted for serious crimes

  • Founding‑era laws restricted firearm use by intoxicated individuals

The court concluded that chronic DUI behavior represents a “uniquely modern problem” that justifies firearm prohibition.

What Counts as a “DUI‑Related” Offense?

This is where the ruling becomes even more significant.

Under RCW 9.41.040, “DUI‑related prior offenses” are defined very broadly. They include:

  • Standard DUI

  • Physical control while under the influence

  • Vehicular homicide

  • Reckless or negligent driving if amended from an original DUI charge

  • Several other alcohol‑ or drug‑related vehicle offenses even if the final charge no longer mentions alcohol or drugs

In other words, even amended or deferred cases can count toward the two‑strike threshold.

How Long Do You Lose Your Gun Rights?

If you hit that second DUI within seven years, you are prohibited from owning or possessing a firearm. Restoration is possible only after:

  • Five consecutive years of law‑abiding behavior,

  • Followed by a formal petition to restore rights.

This is not automatic. It requires time, money, and a clean record.

The Dissent: A Constitutional Red Flag

Four justices issued a strong dissent, calling the ruling a “blatant violation of the U.S. Constitution.” They argued that the state cannot impose a blanket ban on a fundamental right without proving an individual is dangerous especially when the person has no history of violence.

This split shows just how contentious the issue is and how far states may go in the future when linking non‑violent offenses to firearm restrictions.

Why This Matters to Every Gun Owner

Whether you agree with the ruling or not, the implications are clear:

  • Washington has expanded the definition of who can be disarmed, even without violence or weapon misuse.

  • Other states may follow, especially those already exploring broader “dangerousness” categories.

  • Gun owners must understand that lifestyle choices even unrelated to firearms can now cost them their rights.

This ruling isn’t about defending drunk driving. It’s about recognizing how quickly the legal landscape is shifting, and how easily a non‑violent mistake can trigger permanent consequences.

My Take as a Firearms Instructor

As someone who trains people to be responsible, safe, and legally informed gun owners, I see two truths here:

  1. Driving under the influence is reckless and dangerous.
    No responsible gun owner should be making those choices.

  2. But stripping constitutional rights without individualized evidence of dangerousness is a slippery slope.
    Today it’s DUIs. Tomorrow it could be something else.

Gun owners must stay informed, stay disciplined, and stay ahead of the law because the law is changing fast.