Supreme Court Strikes Down Hawaii Gun Carry Rule

Supreme Court Strikes Down Hawaii Gun Carry Rule
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The Supreme Court on Thursday struck down a Hawaii law that barred permit holders from carrying firearms onto private property open to the public unless the property owner gave express consent.

The ruling was 6-3, and Justice Samuel Alito wrote that the law imposed "severe restrictions on the daily activities" of lawful gun owners.

The opinion said the Hawaii law "violates the constitutional right to keep and bear arms" and likely invalidates similar laws in California, Maryland, New York and New Jersey.

The court said private property owners may still prohibit firearms on their premises but that the onus now falls on owners to post signage banning guns, making the default that lawful gun owners may carry unless told otherwise.

In dissent Justice Ketanji Brown Jackson, joined by Justice Sonia Sotomayor, said the ruling "only further binds the hands of modern legislatures attempting to balance and protect their residents' interests."

The National Rifle Association praised the majority decision; NRA-ILA Executive Director John Commerford wrote on X, "Law-abiding gun owners will no longer be forced to beg for special permission simply to exercise their constitutional right to bear arms in public places."

Brady, a gun safety group, criticized the decision, with its president, Kris Brown, saying, "This common-sense law is what the people of Hawaii wanted, but the court has complete disregard for that community will. Ultimately, the court makes it clear that it cares little about the threat of gun violence posed to the American people."

Carrying a gun without consent had been a misdemeanor in Hawaii, punishable by up to one year in prison.

The case began in 2023 when three state residents and the Hawaii Firearms Coalition challenged the rule; a federal district court found the rule likely violated the Second Amendment, the US Court of Appeals for the Ninth Circuit later upheld the law, and the Trump administration backed the gun owners in the case, arguing the requirement put permit-holders at risk.

The ruling does not affect other Hawaii restrictions on guns in places like bars, beaches or parks or at sensitive locations such as schools or government buildings.

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