Gun rights restriction on certain DUI offenses upheld

In 2023, the Washington Legislature revamped the rules pertaining to loss and restoration of firearm rights. One such addition was causing a loss of firearm rights for having two or more DUI offenses within seven years. This piece of the statute was challenged.

Just recently, the Washington State Supreme Court issued a 5–4 decision in  McLellan v. Brown, ___ Wn.3d. ___, No. 103799-6, (June 11, 2026). The court ruled that Washington State can constitutionally strip gun rights from individuals convicted of a second DUI within a seven-year window without violating the Second Amendment, thereby affirming the 2023 statutory amendments.

As with the majority of gun rights offenses, a person’s right to possess a firearm can be restored after a crime-free period and the meeting of certain threshold requirements.