WASHINGTON — The Supreme Court on Thursday struck down a Hawaii law that barred licensed gun owners from carrying handguns onto private property open to the public unless they first received the owner’s express permission, ruling 6-3 that the restriction violated the Second Amendment.
The decision in Wolford v. Lopez reversed a ruling from the 9th U.S. Circuit Court of Appeals and sent the case back for further proceedings. Justice Samuel Alito wrote for the court’s conservative majority, joined by Chief Justice John Roberts and Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. Barrett also wrote a concurrence. Justices Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson dissented.
The Hawaii law required people with concealed-carry permits to obtain “express authorization” before bringing a firearm into businesses and other private property open to the public. The court said the law flipped the traditional rule that people may enter property held open to the public unless the owner says otherwise.
“This regime hobbles what the Second Amendment protects,” Alito wrote, saying the law interfered with the right to carry firearms for self-defense during daily life.
Alito rejected Hawaii’s argument that its local customs and laws justified the rule, writing that the Second Amendment has the same meaning in every state. He said it cannot give way to “the spirit of Aloha” and added that local attitudes cannot change the meaning of rights applied to the states through the 14th Amendment.
The ruling does not prevent private property owners from banning firearms. The court said owners of establishments open to the public may still admit or exclude people carrying guns. But Hawaii cannot make exclusion the statewide default unless owners affirmatively opt in to allowing firearms, the majority said.
Hawaii officials had argued that the law protected property owners’ rights and balanced those rights against the right to carry firearms. Gun rights challengers, including three Maui County residents with concealed-carry permits and a Honolulu-based advocacy group, said the rule amounted to a broad restriction on lawful public carry.
In dissent, Jackson said the case was about property rights, not gun rights, and accused the majority of turning the court’s 2022 gun-rights decision in New York State Rifle & Pistol Association v. Bruen into a “free-for-all.” She said the ruling improperly limited lawmakers trying to protect both gun owners and property owners.
Kagan wrote separately that Hawaii’s law was consistent with historical regulations aimed at addressing harms caused by people carrying guns on other people’s land.
The decision is the court’s latest major Second Amendment ruling since Bruen, which held that people have a constitutional right to carry handguns outside the home for self-defense. The court did not take up separate parts of Hawaii’s law involving firearms at beaches, bars and other sensitive places