The U.S. Supreme Court has agreed to review a new gun rights case concerning a Hawaii law that prohibits individuals from carrying firearms onto private property, such as malls and stores, unless they obtain explicit permission from the property owner.
The case arises from an appeal by three Hawaii residents who contend that these restrictions effectively serve as a broad ban on the right to carry handguns in public, in violation of the Second Amendment of the U.S. Constitution. They argue that the law prevents residents from carrying firearms for lawful self-defense in numerous private locations throughout the state. The court is expected to hear arguments and issue a ruling by July.
In a ruling from 2022, the Supreme Court affirmed that the Second Amendment protects the right to carry firearms in public spaces, striking down a New York law that severely limited the issuance of carry licenses.
Hawaii’s current 2023 law mandates that individuals cannot carry firearms onto private property open to the public without “unambiguous written or verbal authorization” from the owner or clear signage indicating permission.
A federal appeals court upheld this provision, and the state of Hawaii has requested that the Supreme Court dismiss the residents’ appeal. The state asserts that the law is a legitimate effort to uphold property owners’ right to exclude individuals from their property, aligning with community expectations regarding armed entry.
Additional provisions of the 2023 law, not under review in this Supreme Court case, prohibit firearms in government buildings, public parks, beaches, and establishments serving alcohol.
This case, identified as Wolford v. Lopez, 24-1046, may be one of several Second Amendment disputes that the Supreme Court addresses in its upcoming nine-month term. Other pending appeals include challenges against the federal prohibition on firearm possession by drug users, the minimum age of 21 for gun possession, and bans on high-capacity ammunition magazines.
