The Washington State Supreme Court on Thursday cleared the way for enforcement of a new state law targeting drunk drivers. And gun owners.
To be clear, drinking and driving is a scourge on the nation’s highways, and any constitutional and reasonable effort to curb these acts is important. But what happens when lawmakers link these offenses to Second Amendment rights?
In a 5-4 decision, the court overturned a lower court ruling to allow the state to crack down on drunk driving by stripping gun rights from individuals who rack up two or more DUIs in seven years.
Justices found a link between DUIs and gun rights that shouldn’t exist
Washington’s leadership passed the law in 2023, and of course, it was challenged on constitutional grounds. The lower court determined that the case against the law could proceed based on the U.S. Supreme Court’s Rahimi decision.
Two plaintiffs in the Washington case previously applied for concealed carry permits but were rejected due to several DUI convictions. The Superior Court judge determined that state officials should decide whether the men pose a threat to society based on the evidence.
Not satisfied, the state appealed largely because criminal records impose restrictions on the lawbreaker.
Dissenting justices argued the ban violates the Second Amendment
Of course, the Washington Supreme Court had to apply the Bruen test to the law. Justices determined that there is a tradition of disarming citizens who commit certain crimes and stripping gun rights from criminals.
The majority also linked the law in question to the Founding Era’s ban on intoxicated individuals possessing weapons.
There were four dissenting votes, including Justice G. Helen Whitener, who opposed the majority’s decision. “The State is depriving individuals of their Second Amendment constitutional right to keep and bear arms before they commit a violent crime on the assumption that one day they might.”
Whitener added that the law in question is an unconstitutional “outlier.”
There’s no better way to show your patriotism than with merch that speaks before you do.
Defend America is more than a name, it’s a stand for freedom, resilience, and the values this country was built on. Every tee, hat, and mug is a symbol of unapologetic pride. Wear it loud, wear it proud, and let the world know: freedom isn’t negotiable.
Click the link below to join the movement.