The U.S. Supreme Court has agreed to review state laws, including one in Hawaii, that prohibit individuals from carrying firearms on private property generally open to the public unless the property owner provides explicit consent. This challenge examines whether such regulations comply with the Second Amendment, which protects the right to bear arms, following a 2022 Supreme Court ruling that affirmed the constitutional right to carry a gun for self-defense outside the home. Similar laws are in effect in California, Maryland, New York, and New Jersey.
Case Background and Specifics
The central regulation under review, sometimes referred to as the "vampire rule," reverses the common practice in most states by mandating that individuals seek permission before entering private property while armed. This Hawaiian measure was enacted in 2023 as part of a broader gun law. It applies to various privately-owned locations accessible to the public, such as stores, shopping malls, bars, restaurants, theaters, arenas, farms, private beaches, and gas stations. The law does not pertain to public property. Violators of this provision face potential penalties of up to a year in prison.
Legal Challenge and History
The challenge against Hawaii's law was initiated by three concealed carry licensees from Maui—Jason Wolford, Alison Wolford, and Atom Kasprzycki—along with the Hawaii Firearms Coalition. The Trump administration also submitted a brief in support of the challengers.
Earlier in the legal process, a federal judge initially blocked the private property provision. However, the 9th U.S. Circuit Court of Appeals, based in San Francisco, subsequently ruled in favor of Hawaii in September 2024, upholding the state's law.
Arguments of Challengers
Attorneys representing the Maui residents and the Hawaii Firearms Coalition contend that the Hawaiian law is highly restrictive. They argue that it effectively prohibits public carry in approximately 96.4% of publicly available land in Maui County. The challengers assert that the burden of explicitly banning firearms should rest with property owners, rather than requiring members of the public to obtain permission to exercise their Second Amendment rights. They maintain that the law's design aims to limit constitutional rights and anticipate the Supreme Court will overturn the Ninth Circuit's decision. Gun rights advocates also claim the rule effectively invalidates the right to carry a firearm in public, a right affirmed by the Supreme Court in 2022.
Arguments of State Officials and Proponents
Hawaii officials and gun control proponents emphasize the state's interest in protecting private property rights, which are also constitutionally recognized. Douglas Letter, chief legal officer at the gun control group Brady, highlighted that private property rights have been a fundamental aspect of American identity. They argue that property owners should have the right to determine whether firearms are permitted on their premises.
Broader Context of Supreme Court's Gun Rulings
The 2022 Supreme Court ruling, which expanded Second Amendment protections outside the home, has led to both the enactment of new gun laws and subsequent legal challenges to existing firearms restrictions. The Supreme Court recently upheld a federal law in 2024 that prohibits individuals under domestic violence restraining orders from possessing firearms. The justices are also scheduled to hear another gun case in March, concerning the constitutionality of a federal law that bars illegal drug users from possessing firearms.