Supreme Court to Weigh Hawaii Gun-Carry Ban on Public-Facing Private Property
Jan 19
Developing
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The U.S. Supreme Court on Tuesday will hear a challenge to a Hawaii law that generally bars carrying firearms on private property open to the public—such as stores, hotels, bars and restaurants—unless the owner explicitly allows guns by sign or verbal consent. Three Maui residents sued in 2023 after the state, responding to the Court’s 2022 Bruen decision, rewrote its gun laws to expand concealed carry while designating wide swaths of locations, including beaches and alcohol‑serving establishments, as off‑limits. A district judge initially blocked key provisions, but a Ninth Circuit panel later upheld most of the restrictions and specifically approved the default rule against guns on public‑facing private property, prompting the plaintiffs’ appeal. The justices agreed to review only that narrow issue, with the gun owners arguing the rule effectively "eviscerates" the right to carry for self‑defense because many businesses are unwilling to post "guns allowed" signs, and state‑aligned advocates countering that the law simply codifies a longstanding norm that weapons are not brought into others’ premises without clear permission. Because Bruen requires modern gun regulations to be consistent with the nation’s historical tradition of firearm regulation, the case is expected to be a key test of how far states can go in defaulting private businesses to "no guns" and may influence similar laws or proposals in other jurisdictions.
Second Amendment and Gun Policy
U.S. Supreme Court