Washington DUI Gun Rights and RCW 9.41.040
Washington’s unlawful possession of firearms statute is found in RCW 9.41.040. The law has traditionally prohibited firearm possession by people with certain felony convictions, domestic-violence offenses, protection orders, and other disqualifying circumstances.
The Legislature expanded the statute in 2023 to include certain repeat DUI-related offenses.
Under RCW 9.41.040(2)(a)(i)(D), the firearm restriction can apply when a person has a “prior offense,” as defined under Washington’s DUI sentencing statute, that was committed within seven years of a conviction for another qualifying prior offense.
This is an important distinction. The rule is more complicated than simply saying, “If you get two DUIs, you lose your gun rights.”
Whether the statute applies depends on the nature of the prior offenses, when they occurred, and whether they meet Washington’s statutory definition of a DUI “prior offense.”
What Counts as a Prior DUI Offense?
Washington DUI law uses a broad definition of “prior offense.”
Depending on the circumstances, prior offenses may include more than a conviction specifically labeled “Driving Under the Influence.” They can potentially include:
- DUI convictions;
- physical control convictions;
- certain out-of-state DUI-related convictions;
- certain reduced charges that originated as DUI cases; and
- qualifying deferred prosecutions.
Because of that broad definition, someone may have a prior offense for purposes of Washington DUI law even though an old case was ultimately resolved under a different charge.
That can become especially important when someone is charged with another DUI years later.
An attorney evaluating a new DUI case should therefore look closely at the client’s complete criminal and driving history, rather than simply counting convictions with “DUI” in the title.
Why the Seven-Year Period Matters
The firearm restriction under RCW 9.41.040 focuses on qualifying DUI-related prior offenses occurring within a seven-year period.
That timing requirement can make the history of each case critical.
For example, the date an earlier offense occurred, the date of conviction, and the nature of the later offense can all affect whether the firearm prohibition applies.
Anyone with multiple DUI-related cases should avoid assuming that a prior case is either too old to matter or automatically counts toward the restriction. The statute should be applied to the specific facts of the person’s record.
The Washington Supreme Court Upheld the DUI Firearm Restriction
The constitutionality of the law was challenged in McLellan v. Brown, a case decided by the Washington Supreme Court on June 11, 2026.
The case involved two individuals who had multiple DUI convictions within seven years. Geoffrey McLellan had three DUI convictions within seven years, while Jackson Holloway had two. Their applications for concealed pistol licenses were denied because of RCW 9.41.040. They then challenged the statute under the Second Amendment.
The Washington Supreme Court rejected their challenge and upheld the law.
The court concluded that the firearm restriction was consistent with the historical tradition of firearm regulation considered under modern Second Amendment law. The decision confirms that Washington may, under the circumstances addressed in the case, prohibit firearm possession based on repeated DUI conduct even when the person has not been convicted of a violent felony.
Blanford Law has discussed the decision in greater detail in Washington DUI Firearm Rights: Supreme Court Upholds Gun Ban for Repeat DUI Offenders.
A DUI Can Have Consequences Beyond Your Driver’s License
For many people charged with DUI, the first concerns are understandably jail, license suspension, fines, employment, and insurance.
But repeat DUI cases can carry additional consequences that are easy to overlook.
A person who owns firearms, hunts, carries a firearm for personal protection, works in a profession involving firearms, or has a concealed pistol license may have significantly more at stake in a DUI case than initially expected.
That is one reason the consequences of a proposed plea or conviction should be evaluated before the case is resolved.
A DUI defense attorney should determine whether prior cases qualify under RCW 46.61.5055, whether the seven-year rule applies, and whether the current case could trigger RCW 9.41.040.
What Happens If You Possess a Firearm While Prohibited?
A person subject to RCW 9.41.040 should not assume that continued firearm possession is merely a licensing issue.
Possessing or accessing a firearm while legally prohibited can result in a separate criminal charge for unlawful possession of a firearm.
The statute reaches more than simply purchasing a new firearm. It addresses owning, accessing, possessing, receiving, or having a firearm in a person’s custody or control.
That makes it important to understand the restriction immediately if a qualifying conviction occurs.
Someone who is uncertain whether the law applies to them should get legal advice before possessing or attempting to purchase a firearm.
Can Firearm Rights Be Restored After Repeat DUI Offenses?
Washington law does provide a process for restoring firearm rights in qualifying cases.
RCW 9.41.041 governs petitions for restoration. Eligibility depends on the particular conviction and the person’s subsequent criminal history, among other statutory requirements.
The important point is that a person should not assume firearm rights automatically return simply because several years have passed.
A court order restoring firearm rights may be necessary before the person can lawfully possess firearms again.
The restoration process is separate from the underlying DUI case and should be evaluated independently.
Why Prior DUI History Matters When Defending a New Charge
Every DUI case should be evaluated in light of the defendant’s complete record.
For a first-time defendant, the most serious concerns may be the immediate criminal sentence and driver’s license consequences.
For someone with one or more prior offenses, however, a new conviction can have much broader effects.
Potential consequences can include increased mandatory jail, longer license restrictions, ignition interlock requirements, increased fines, treatment obligations, and possible loss of firearm rights.
That makes it particularly important to examine possible defenses before accepting a plea or otherwise resolving a repeat DUI case.
Depending on the facts, DUI defenses can involve the legality of the traffic stop, field sobriety testing, breath or blood testing, constitutional issues, procedural errors, or whether the State can prove impairment beyond a reasonable doubt.
Talk to a Washington DUI Attorney About All of the Consequences
If you have been arrested for DUI and have a prior DUI-related offense, do not evaluate the case based solely on how much jail time you may face.
Your prior record can affect sentencing, your driver’s license, and potentially your right to possess firearms.
An experienced Washington DUI attorney can review your prior cases, determine whether they qualify as prior offenses under state law, evaluate the evidence in the current case, and explain the consequences of different possible outcomes.
Contact Blanford Law today at ken@blanfordlaw.com or 253-720-9304 for guidance on your legal matter.
If you have prior DUI-related offenses, learn more about how Washington law can affect your firearm rights in our article, Washington DUI Gun Rights: How Repeat DUI Offenses Can Affect Firearm Possession