That State Willing to Disarm You Over a DUI

Published on June 12, 2026
Duration: 12:51

This video from Washington Gun Law TV, hosted by William Kirk, analyzes the Washington State Supreme Court's decision in McClellan v. Brown. The court upheld a law that disarms individuals with multiple DUI convictions within a seven-year period, treating them as if convicted of a Class C felony. The analysis focuses on the legal interpretation of the Second Amendment and historical legal precedents, particularly concerning the court's reliance on legislative findings rather than individualized assessments of dangerousness.

Quick Summary

The Washington State Supreme Court, in McClellan v. Brown, upheld a law disarming individuals with multiple DUI convictions within seven years. The court ruled this does not violate the Second Amendment, treating such individuals as if convicted of a Class C felony, and emphasized legislative findings over individual dangerousness assessments.

Chapters

  1. 00:00Introduction: DUI and Firearm Disarmament
  2. 00:18McClellan v Brown Case Overview
  3. 00:62Relevant Washington State Laws (RCW 9.41.040, RCW 46.61.5055)
  4. 01:17Legislative History of HB 1562
  5. 01:49Defining Prior DUI Offenses
  6. 02:05Plaintiffs' Background and License Denial
  7. 02:24Washington Supreme Court Ruling (5-4)
  8. 02:41Second Amendment Arguments and Court's Rejection
  9. 03:05Reliance on Legislative Findings and Historical Analogs
  10. 03:40Rejection of "As Applied" Challenges
  11. 04:09Legislature's Power to Label Dangerous Groups
  12. 04:35Potential for Expanding Misdemeanor Disarmament
  13. 04:51Court's Interpretation of Founding Era Traditions
  14. 05:27The "Labeling Game" and Its Implications
  15. 05:44Historical Principles Cited by the State
  16. 06:04Critique of Legislative History and Court Deference
  17. 06:29Recidivism and Public Danger Findings
  18. 06:57Conclusion and Future Concerns

Frequently Asked Questions

What is the Washington State Supreme Court's ruling regarding DUIs and firearm possession?

The Washington State Supreme Court, in McClellan v. Brown, upheld a law that disarms individuals with multiple DUI convictions within a seven-year period. The court ruled that this prohibition does not violate the Second Amendment, treating such individuals as if they had been convicted of a Class C felony.

How does Washington State define a "prior DUI offense" for firearm disarmament purposes?

Under Washington law (RCW 46.61.5055 subsection 14), a prior DUI offense includes not only direct DUI convictions but also pleas to lesser charges like negligent driving, reckless driving, reckless endangerment, boating under the influence, and alternative resolution agreements involving treatment.

Does the Washington State Supreme Court consider individual dangerousness when disarming individuals for DUI convictions?

No, the Washington State Supreme Court, in McClellan v. Brown, ruled that the constitutionality of firearm disarmament based on DUI convictions hinges on the "category of conviction" as determined by the legislature, not on an individualized assessment of each person's dangerousness.

What legal precedent does the Washington State Supreme Court cite for disarming individuals without individual assessment?

The court cited historical traditions and legislative findings, suggesting that legislatures can constitutionally disarm categories of people deemed to pose a special danger, drawing parallels to historical regulations of firearm use for specific problems.

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