The U.S. Supreme Court has agreed to review a key gun rights case that will determine whether states can restrict the carry of firearms on privately owned property that is open to the public without first getting consent from the property owner.
At issue is a law from Hawaii and similar measures in several other states that set a default rule prohibiting licensed concealed handgun holders from bringing their firearms into places like shops, restaurants, and other venues frequented by the public unless the owner explicitly allows it. This effectively means individuals cannot carry guns in such private spaces unless permission is given.
Three residents of Maui County challenged the Hawaii law after it was revised following a 2022 Supreme Court decision that expanded constitutional protections for carrying guns outside the home. Under the new law, a person who wishes to carry a firearm on private property open to the public must obtain express authorization from the property owner, either verbally, in writing, or through posted signage.
Supporters of the challenge argue that the Hawaii rule undermines the constitutional right to bear arms for self-defense, as recognized by the Supreme Court’s earlier rulings. They contend that requiring property owners to opt in to allow firearms imposes a significant burden on individuals exercising their rights. Opponents maintain that property owners should control whether guns are permitted on their premises and that states have the authority to support such rules to protect safety and property rights.
The Supreme Court will analyze the case under a legal framework set out in its 2022 decision, which requires gun regulations to be evaluated in light of the historical tradition of firearm regulation in the United States. Oral arguments are scheduled, and a decision from the Supreme Court is expected later in the year.
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