Supreme Court Ruling on Hawaii’s Gun Laws

In a recent decision, Justices Amy Coney Barrett, Neil Gorsuch, and Clarence Thomas expressed the view that public sentiment cannot hinder the application of constitutional rights.

The Supreme Court, in a 6-3 ruling, found that Hawaii’s restrictions on concealed carry in private spaces breach both the Second and Fourteenth Amendments.

Justices Barrett, Gorsuch, and Thomas emphasized that the Second Amendment protects individuals’ rights to possess firearms for self-defense. They stated, “The state may regulate the possession of weapons as long as they do not lead to ‘infringement.'” They noted that this right was understood as fundamental from the outset.

They further clarified that states must demonstrate the constitutionality of their laws using the two-stage test outlined in Bruen (2022).

The three justices looked closely at Hawaii’s regulations and concluded that these laws were largely influenced by the public’s prevailing disapproval of carrying firearms openly. However, they maintained that the mere opposition of the majority cannot justify limiting a constitutional right. As they noted, “While most Hawaiians may wish that no one carry a firearm in public, a majority’s opposition to a constitutional right is not a permissible basis for restricting it.” The Bill of Rights aims to shield specific issues from the whims of political discourse and majority opinion.