At President Donald Trump’s request, the U.S. Supreme Court has agreed to review Hawaii’s gun law that restricts people from carrying a firearm on private property unless the owner specifically allows it.
The Trump administration encouraged the high court to rule on the Hawaii law in light of its 2022 ruling that expanded Second Amendment protections broadly.
Three Hawaii residents sued the state’s Democrat attorney general, Anne E. Lopez, and the lower courts split on the decision.
The district court blocked the law, but the appeals court reversed the decision.
In April, the petitioners submitted the case to the Supreme Court.
In the petition, attorneys Kevin O’Grady and Alan Alexander Beck wrote:
“In holding the Second Amendment does not apply to private property open to the public, the Ninth Circuit’s decision renders illusory the right to carry in public.”
In May, the United States filed a supporting brief urging the reversal of the appeals court ruling.
Solicitor General D. John Sauer, Assistant Attorney General Harmeet K. Dhillon, Deputy Solicitor General Sarah M. Harris, and Assistant to the Solicitor General Vivek Suri wrote:
“The structure and operation of Hawaii’s law reveal that the law serves no legitimate purpose and instead seeks only to inhibit the exercise of the right to bear arms.”
The brief also called the rule a “near-complete ban” that “deprives individuals who want to exercise their Second Amendment rights of their ability to ‘go about their daily lives.’”
Opposing counsel argued that the law balances gun rights and public safety.
The opposing brief reads:
“Neither petitioners nor the government has offered any persuasive reason to disturb the court of appeals’ conclusion that Hawai‘i’s default-property rule withstands constitutional scrutiny at the preliminary injunction stage.”
No timetable was given for when the case will be heard, but the acceptance of the case means it will be heard and a ruling given in the coming months.
If the case does overturn the Hawaii law, it would still restrict guns on private property to those who have obtained permits and followed other gun laws in the state.
Gun control advocates warn that more guns in malls and offices could lead to more shootings.
Meanwhile, gun control opponents say that more lawful gun carrying could stop potential shooters and protect the public.
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