Hawaii’s Unique Gun Control Laws

Hawaii is often celebrated for its stunning scenery, yet its laws regarding firearms might surprise many. Essentially, gun owners are expected to leave their weapons at home unless there’s a clear indication in public spaces that guns are permitted.

This unusual regulation is justified by the state’s promotion of the “spirit of aloha.”

As an example, it’s noted that if a business owner doesn’t want guns on the premises, they are not required to signal that with a “No Guns Allowed” sign. Instead, it’s up to those carrying firearms to know they can’t bring them unless otherwise stated, which raises eyebrows. A notable voice on this topic, Glenn Beck, elaborated on this point.

Beck criticized the state for essentially restricting access to 96 percent of land accessible to the public, referring to this as the “vampire rule,” which implies that, similar to vampires, guns can only come through the threshold if invited in.

However, a recent development changed the narrative. In the case of Wolford vs. Lopez, the U.S. Supreme Court made a 6-3 ruling stating that Hawaii’s prohibition on concealed carry permit holders carrying firearms on private property that is open to the public infringes upon the Second and Fourteenth Amendments.

Justice Alito was pivotal in this decision, arguing that the right to bear arms doesn’t cease at home, challenging what he called Hawaii’s “vampire rule.”

During his commentary, Beck emphasized that the Second Amendment is universal, unaffected by local customs or traditions, addressing how certain outdated laws were used as a precedent in Hawaii. He pointed out an 1865 Louisiana law that prevented individuals from carrying guns on another’s property without consent, labeling it as “tradition” inaccurately. Instead, it was part of the Black Codes designed to disarm freed Black individuals.

In essence, Beck asserts that a principle designed to combat racial discrimination is now being expressed as a cultural ethos in Hawaii.