McLellan v. Brown
Washington Supreme Court · No. 103,799-6
👎Unfavorable to gun rights
Upheld the DUI-based firearm prohibition against an as-applied Second Amendment challenge.
GunMapUSA assessment of the outcome's direction, not a statement that the court decided rightly or wrongly.
What the court held
Two Washington men convicted of repeat DUI offenses challenged, as applied to them, a state law that temporarily bars anyone convicted twice within seven years of driving under the influence from possessing firearms. On direct interlocutory review, the Washington Supreme Court held the prohibition does not violate the Second Amendment, reasoning that the recidivist nature of the convictions plus the legislature's finding about the danger they pose fits within a historical tradition of disarming people convicted of serious offenses. A dissent would have held that DUI is dangerous but nonviolent and that the five-year disarmament is a historical outlier.
Summarized from the court's opinion.
Key Dates
- 2026-06-11 — Decided
Sources
- CourtListener — retrieved 2026-08-08
Summary of public court records. Not legal advice.