The Supreme Court appeared likely on Tuesday to strike down Hawaii’s law restricting who can carry guns into stores, malls, and hotels, marking the justices’ latest gun-rights case since their landmark 2022 decision expanding Second Amendment protections. The Trump administration backed the legal challenge to the measure, which Hawaii said aims to protect private property owners’ right to decide whether firearms are allowed on their land.
The decision would continue the court’s conservative majority’s broad interpretation of Second Amendment rights and expand its recent pattern of overturning state and local gun restrictions nationwide.
The Supreme Court’s conservative majority appeared deeply skeptical of Hawaii’s defense during oral arguments Tuesday, repeatedly questioning whether the state could similarly restrict First Amendment speech rights on private property.
“You’re just relegating the Second Amendment to second-class status,” Justice Samuel Alito said.
Hawaii’s Changing Permit Landscape
Before the court’s 2022 ruling that found a general right to carry firearms in public, very few Hawaiians held concealed-carry permits. Since then, the state has granted thousands of permits to residents, said attorney Neal Katyal, who appeared in the case.
Four other states have enacted similar restrictions requiring property owner permission for firearms on private property. Presumptive restrictions have been blocked in places like New York.
What’s at Stake for Businesses
If the court strikes down Hawaii’s law, business owners could still choose to bar guns from their establishments. The ruling would not affect other state restrictions on firearms in parks, beaches, or restaurants that serve alcohol.
The Path to the Supreme Court
The case was brought by a gun-rights group and three residents from Maui. The Trump administration joined in supporting the challenge. An initial judge blocked the law, but an appeals court allowed it to proceed to the Supreme Court. The justices are expected to issue a decision by late June.
The Supreme Court is also hearing another gun case this term examining whether people who regularly use marijuana and other drugs can legally own firearms. In recent years, the court has struck down a federal ban on gun accessories called bump stocks. The justices have upheld regulations on ghost guns and a federal law aimed at protecting domestic violence victims.