Re: Supreme Court appears sympathetic to gun owners' challenge to Hawaii law
Anonymous User <[email protected]> Sat, 24 Jan 2026 06:11:24 -0500
| Newsgroups | talk.politics.guns,alt.politics.usa.constitution,sac.politics,hawaii.politics,law.court.federal,alt.business |
|---|---|
| Message-ID | <[email protected]> |
On 23 Jan 2026, "Leroy N. Soetoro" <[email protected]> posted some news:[email protected]: > https://www.scotusblog.com/2026/01/supreme-court-appears-sympathetic-to > - gun-owners-challenge-to-hawaii-law/ > > The Supreme Court on Tuesday appeared to side with a group of Maui gun > owners in their challenge to a Hawaii law restricting their ability to > bring their guns onto private property that is open to the public. > After approximately two hours of oral argument in Wolford v. Lopez, > virtually all of the court’s six Republican appointees seemed to agree > with the challengers that the law, which requires the gun owners to > obtain express permission from the property owner, violates the Second > Amendment’s right to bear arms. > > Chief Justice John Roberts suggested that recent cases show that the > Second Amendment has unfairly been a “disfavored right,” while Justice > Samuel Alito told a lawyer for Hawaii that the state was “relegating > the Second Amendment to second-class status.” Hawaii passed the law in > 2023 in response to the Supreme Court’s decision in New York State > Rifle & Pistol Association v. Bruen, in which the court struck down a > New York handgun- licensing law that required New Yorkers who wanted > to carry a handgun in public to show a special need to defend > themselves. In Bruen, Justice Clarence Thomas explained in his > majority opinion that courts should only uphold gun restrictions that > are “consistent with the Nation’s historical tradition of firearm > regulation.” > > The Hawaii law bars anyone with a concealed-carry permit from bringing > a gun on private property that is open to the public without explicit > permission from the property owner. A violation of the law is a > misdemeanor, punishable by up to a year in prison. > > The lower courts upheld the law. The U.S. Court of Appeals for the 9th > Circuit concluded that “a national tradition likely exists of > prohibiting the carrying of firearms of private property without the > owner’s oral or written consent.” > > Representing the gun owners, lawyer Alan Beck told the justices that > “[b]y banning people from carrying firearms on private property that > is open to the public unless they first obtain affirmative permission, > Hawaii has run roughshod over that constitutional right.” Hawaii’s > “ban,” Beck continued, “is inconsistent with our national historical > tradition of firearms regulation.” > > Neal Katyal, who represented Hawaii, countered that “[t]here is no > constitutional right to assume that every invitation to enter private > property includes an invitation to bring a gun.” In some states, he > continued, “an invitation to shop is not an invitation to bring your > Glock.” > > Justice Ketanji Brown Jackson suggested that the Hawaii law did not > implicate the Second Amendment as much as it did issues of property > rights. The real question at the center of the case, she told Beck, is > how states treat property owners’ consent. > > Beck resisted that characterization, telling Jackson that the law > implicates “arms-bearing conduct” and therefore the Second Amendment. Jackson is a complete idiot. It's a wonder she can determine the difference between tooth and toilet brushes. Maybe she can't.