Supreme Court Voids Hawaii Gun-Carry Consent Law

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1–2 minutes

Summary

The Supreme Court said Hawaii could not require gun owners to get permission before carrying firearms into private businesses.

Why this matters

The ruling changes the default rule for carrying guns in private businesses in Hawaii and could affect similar laws in other states. It is part of the Supreme Court’s continuing reshaping of gun regulations after its 2022 Second Amendment decision.

The Supreme Court struck down a Hawaii law Thursday that required people to get permission before carrying guns into privately owned businesses and other properties open to the public.

In a 6-3 decision, the court said people may carry guns onto private property such as shopping malls, gas stations, stores, and hotels unless owners specifically prohibit firearms.

The ruling was a victory for President Donald Trump’s administration, which argued the 2023 law violated the Second Amendment. Hawaii said the measure was intended to let property owners decide whether to allow firearms on their property.

State lawmakers passed the law after a 2022 Supreme Court ruling that said the Second Amendment protects a broad right to carry guns in public. About four other states enacted similar laws, though similar default restrictions on guns in private businesses open to the public have also been blocked elsewhere.

The case was brought by the Hawaii Firearms Coalition and three Maui residents. A trial judge blocked the law, but an appeals court later allowed it to take effect.

Other Hawaii gun restrictions, including limits in parks, beaches, and restaurants that serve alcohol, were not part of this case, though they are being challenged in lower courts.

The Second Amendment Foundation praised the ruling. “This law was nothing more than a thinly veiled attempt to disarm peaceable citizens, and we’re grateful the Supreme Court saw through the ruse,” said Alan Gottlieb, its founder and executive vice president.

Everytown Law called the decision disappointing, but said property owners still can ban firearms by posting signs. “The Supreme Court may have changed the default rule, but it cannot take away a private property owner’s authority over their own land,” said Janet Carter, managing director of Second Amendment Litigation.

The decision followed another Second Amendment ruling this term in which the court said marijuana users cannot be completely barred from owning firearms. Since its 2022 ruling, the court has also struck down a ban on bump stocks, while upholding a federal gun law aimed at protecting domestic violence victims and regulations on ghost guns.

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