A new statutory amendment in Washington State, unknown to many Washingtonians, may affect your ability to possess gun rights if you are charged with Driving Under the Influence. The new law revokes gun rights for anyone that is convicted of a prior offense - as defined in RCW 46.61.5055(14) - when they have a prior offense within the prior seven years. Put simply: if you get a DUI reduced to a lesser charge, and then within seven years get another DUI reduced to a lesser charge, you will lose your right to own, possess, or have under your control any firearms. The same law now also revokes gun rights for anyone convicted of the misdemeanor crime of Animal Cruelty in the Second Degree.
The change in law went into effect on July 23, 2023. The law was proposed by by Rep. My-Linh Thai of the 41st district in Bellevue, and sponsored locally by Rep. Timm Ormsby. The bill narrowly passed the Legislature, by a vote of 28-to-21 in the Senate, and 51-45 in the House. The change was supported at public hearing by the Northwest Justice Project, the Brady Center to Prevent Gun Violence, and the Sexual Violence Law Center. The bill was opposed at public hearing by the Washington Association for Criminal Defense Lawyers, the NAACP, the Washington Defender Association, and the American Equity and Justice Group.
Notably, it doesn’t take a full DUI conviction to trigger the loss of your constitutional right: even a reduction away from a full DUI can cause you to lose your rights. Under Washington Law, a number of charges can qualify as a DUI prior offense, even if the charges are amended or reduced after being charged as DUI. Any conviction that qualifies as a ‘prior offense’, if taken less than seven years after a separate ‘prior offense’, will cause the loss of gun rights. The definition of a ‘prior offense’ under Washington law includes convictions for:
- DUI;
- Being in actual physical control of a motor vehicle while being under the influence;
- Operating a commercial vehicle while under the influence of drugs or alcohol;
- Operating a boat while under the influence of drugs or alcohol;
- Operating a boat in a reckless manner, if the conviction is the result of a charge that was originally operating a boat while under the influence of drugs or alcohol;
- Operating an aircraft while under the influence of drugs or alcohol;
- Operating an aircraft in a careless or reckless manner, if the conviction is the result of a charge that was originally filed as operating an aircraft while under the influence of drugs or alcohol;
- Operating an off-road vehicle while under the influence of drugs or alcohol;
- Operating a snowmobile while under the influence of drugs or alcohol;
- Vehicular Homicide committed while under the influence of drugs or alcohol, or a conviction for Vehicular Homicide committed in a reckless manner or with the disregard for the safety of others, if the conviction is the result of a charge that was originally filed as Vehicular Homicide committed while under the influence of intoxicating liquor or any drug;
- Vehicular Assault committed while under the influence of drugs or alcohol, or a conviction for Vehicular Assault committed in a reckless manner or with the disregard for the safety of others if the conviction is the result of a charge that was originally filed as Vehicular Assault committed while under the influence of intoxicating liquor or any drug;
- Negligent Driving in the Frist Degree, Reckless Driving, or Reckless Endangerment, if the conviction is the result of a charge that was originally filed as DUI, Physical Control, Vehicular Homicide, or Vehicular Assault;
- An out-of-state conviction for a violation that, if committed in this state, would have been a violation of: DUI; Physical Control; Vehicular Homicide; Vehicular Assault; or Negligent Driving in the Frist Degree, Reckless Driving, or Reckless Endangerment, if the conviction is the result of a charge that was originally filed as DUI, Physical Control, Vehicular Homicide, or Vehicular Assault;
- A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of DUI or Physical Control;
- A deferred prosecution under chapter 10.05 RCW granted in a prosecution for Negligent Driving in the First Degree, if the charge under which the deferred prosecution was granted was originally filed as DUI, Physical Control, Vehicular Homicide, or Vehicular Assault;
- A deferred prosecution granted in another state for DUI or Physical Control, if the out-of-state deferred prosecution is equivalent to the deferred prosecution under chapter 10.05 RCW, including a requirement that the defendant participate in a chemical dependency treatment program; or
- A deferred sentence imposed in a prosecution for a violation of Negligent Driving in the Frist Degree, Reckless Driving, or Reckless Endangerment, if the conviction is the result of a charge that was originally filed as DUI, Physical Control, Vehicular Homicide, or Vehicular Assault.
If you have any questions, contact us online or at (509) 800-5420 to schedule your consultation.