Hawaii’s strict gun law faces Supreme Court scrutiny in landmark case

By JENNIFER SINCO KELLEHER

HONOLULU (AP) — Hawaii’s gun laws, long among the strictest in the nation, will be the focus of arguments before the U.S. Supreme Court on Tuesday. The court is taking up the state’s ban on firearms on private property that is open to the public, such as stores and hotels, unless the owner explicitly allows it.

Here’s what to know about the case:

Banned on beaches, bars and private property

Three Maui residents sued in 2023 to challenge new laws prohibiting the carrying of guns at places such as beaches, banks, bars and restaurants that serve alcohol.

The plaintiffs argue that Hawaii is infringing on people’s Second Amendment rights. They say they want to protect themselves at isolated beaches, and many property owners do not put up “guns allowed” signs for fear of scaring off customers.

Carrying guns in public is still fairly new to Hawaii. Before a 2022 Supreme Court decision expanded gun rights nationwide, the state’s county police chiefs made it virtually impossible by rarely issuing permits for either open or concealed carry.

That ruling prompted Hawaii to retool its laws, and Democratic Gov. Josh Green signed legislation allowing more people to carry concealed firearms while limiting where they could be carried.

Supreme Court only considering one aspect of the restrictions

A federal judge in Honolulu blocked the restrictions, and the state appealed.

In 2024, a three-judge appeals court panel reversed most of the judge’s ruling, saying the state could bar firearms on beaches and at parks, bars and restaurants that serve alcohol, and on private property without the owner’s consent.

The plaintiffs appealed to the Supreme Court, which agreed to decide one issue alone: the default rule that guns cannot be carried on private property open to the public unless the owner gives verbal permission or posts a sign saying they are allowed.

Their attorney, Alan Beck, has led numerous challenges to firearms restrictions over the years, though this will be his first time arguing before the Supreme Court.

“I think this is a good opportunity to highlight Hawaii to the rest of the nation,” Beck said. “A lot of times Hawaii doesn’t get to be part of the national conversation … because it’s an insular place off in the Pacific.”

The right to self-defense vs. the right to keep guns off private property

If the default rule regarding private property can be enforced, Beck said, “the Second Amendment right to carry firearms for self-defense will effectively be eviscerated.”

He noted that the case includes declarations from Maui business owners who are willing to welcome gun carriers but do not want to put up signs, in part because tourists from Asia and Europe are unaccustomed to the general public toting firearms.

Chris Marvin, a Hawaii resident and gun violence prevention expert with Everytown for Gun Safety, said the private property restriction “is built upon the courtesy we all grew up with: You don’t walk into someone else’s home or a local mom-and-pop shop with a weapon unless you know for a fact that you’re welcome to do so.”

A mixed tradition on gun ownership

Along with some of the nations’ strictest gun laws, Hawaii has some of the lowest rates of gun violence.

But Beck said it’s a misconception that the state’s residents dislike guns.

“Especially on the outer islands, Hawaii has a vibrant hunting culture that respects firearms just as much as any state on the mainland,” Beck said.

The 2022 Supreme Court ruling found that people have a constitutional right to carry in public and measures restricting that must be consistent with the nation’s historical tradition of firearm regulation.

In briefs to the Supreme Court, Hawaii notes that long before it became a state, during the Hawaiian Kingdom, King Kamehameha III prohibited people from possessing deadly weapons, and subsequent laws maintained strict restrictions on firearms.

“And what is the American Historical tradition? Well, it is a blending pot of many cultures,” said Billy Clark, senior litigation attorney with Giffords Law Center, which filed a brief supporting Hawaii in the case. “To me a proper inquiry into historical tradition would consider all of the cultures that have come together to make America.”

Beck disagreed, saying, “The laws of a monarchy that predates the United States is not part of our American tradition of constitutional rights.”