Gun rights lawyer informs Sonia Sotomayor that Hawaii is part of the United States

Supreme Court Weighs Hawaii’s Gun Law

On Tuesday, gun rights attorneys reminded Justice Sonia Sotomayor that Hawaii is part of the U.S., suggesting it must adhere to the Second Amendment.

The Supreme Court held oral arguments regarding a challenge against a Hawaii law that forbids placing firearms on private property without the owner’s explicit consent. Sotomayor remarked that she had “never seen” a constitutional right to carry guns on private property.

She noted that for the past 200 years, the state hasn’t had a culture of carrying firearms, and highlighted data suggesting that a significant majority—78% of residents and 64% of gun owners—oppose the carrying of loaded concealed weapons.

In response, Alan Beck, representing the gun rights groups, stated, “Hawaii is part of the United States. Our national tradition allows people to carry on private property open to the public.”

This law was enacted following the 2022 Supreme Court ruling in New York State Rifle and Pistol Association v. Bruen, where the majority deemed New York’s concealed carry regulations unconstitutional. Since then, five other states have implemented laws akin to Hawaii’s, as noted by Neil Katyal, who was representing Hawaii’s attorney general.

Katyal emphasized that while property owners can choose to keep a firearm on their premises, if they decide against it, no such right exists for others. The central question is whether the Second Amendment grants someone the right to assume a property owner wants a gun on their property in the absence of communication. He answered, “There isn’t.”

Chief Justice John Roberts challenged Katyal, asking why the Second Amendment seemed at a disadvantage compared to the First Amendment, where political candidates can approach homes to solicit votes.

Roberts commented, “You’re saying different when it comes to the Second Amendment. What is the basis for the distinction?”

Other justices, including Clarence Thomas and Samuel Alito, echoed concerns that Hawaii’s restrictions on the Second Amendment may unfairly limit rights in privately-owned public spaces.