How Drinking and Driving Will Get You Disarmed

Published on December 5, 2025
Duration: 10:15

This video from Washington Gun Law TV explains how a second DUI offense within seven years in Washington State can lead to permanent firearm disqualification, even if the offenses are reduced to misdemeanors like reckless or negligent driving. The speaker, William Kirk, emphasizes that many individuals are unaware of this consequence, as it's often not explicitly mentioned during legal proceedings or by legal counsel. The video details the specific statutes involved and the lengthy process of potential rights restoration.

Quick Summary

In Washington State, a second DUI offense within seven years can lead to firearm disqualification, even if reduced to a misdemeanor like reckless driving. This is governed by RCW 9.41.040 and RCW 46.61.5055. Attempting to buy a gun after disqualification results in denial and potential confiscation of existing firearms.

Chapters

  1. 00:00Introduction: DUI and Disarmament
  2. 00:53The Serious Topic of Drinking and Driving
  3. 01:29Key Washington Statutes: RCW 9.41.040 & RCW 46.61.5055
  4. 02:08House Bill 1562 and its Impact on Gun Laws
  5. 02:36Misdemeanor Offenses Leading to Disarmament
  6. 03:06Defining Prior Offenses Under RCW 46.61.5055
  7. 04:07The Seven-Year Window for DUI Offenses
  8. 04:31The Problem: Lack of Awareness
  9. 05:01A DUI Horror Story: The Legal Process
  10. 05:30Plea Resolution and Disarmament
  11. 06:10Attempting to Buy a Gun After Disqualification
  12. 06:37The Denial Process and Law Enforcement Notification
  13. 07:15Consequences: Confiscation of Firearms
  14. 07:37Can a Plea Deal Be Undone?
  15. 07:53When Can Rights Be Restored?
  16. 08:40House Bill 1562: A Missed Warning
  17. 08:50Nationwide Implications of DUI Laws
  18. 09:22The Simplest Way to Avoid a DUI
  19. 09:27Conclusion and Resources

Frequently Asked Questions

Can a DUI conviction lead to losing my right to own firearms in Washington State?

Yes, in Washington State, a second DUI offense within a seven-year period can lead to firearm disqualification, even if the charges are reduced to misdemeanors like reckless or negligent driving, according to RCW 9.41.040.

What specific laws in Washington State address firearm disqualification due to DUI offenses?

The primary statutes involved are RCW 9.41.040, which defines who is disqualified from possessing firearms, and RCW 46.61.5055, which details DUI penalties. Amendments from House Bill 1562 expanded the scope of offenses leading to disqualification.

How long does it take to restore firearm rights after a DUI-related disqualification in Washington?

If disqualified due to a second DUI offense within seven years, you may have to wait up to 10 years. This is calculated as five years from the end of jurisdiction on the disqualifying case, plus an additional five years.

What happens if I try to buy a gun after being disqualified due to a DUI?

If you are disqualified and attempt to purchase a firearm, you will be denied. The gun store must notify law enforcement, who will then trace you and potentially confiscate any firearms you currently possess.

More 2nd Amendment & Law Videos You Might Like

More from Washington Gun Law

View all →