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Hawaii's Strict Gun Law Heads to the Supreme Court

Landmark case questions state's ban on weapons on private property open to the public
By Newser Editors and Wire Services
Posted Jan 19, 2026 9:01 AM CST
Hawaii's Strict Gun Law Heads to the Supreme Court
A clerk hands a gun to a customer inside a gun shop in Honolulu, June, 23, 2022.   (AP Photo/Marco Garcia)

Hawaii's gun laws, long among the strictest in the nation, will be the focus of arguments before the Supreme Court on Tuesday. The court is taking up the state's ban on firearms on private property that is open to the public, such as stores and hotels, unless the owner explicitly allows it. Here's what to know about the case, per the AP:

  • Banned on beaches, bars, and private property: Three Maui residents sued in 2023 to challenge new laws prohibiting the carrying of guns at beaches, banks, bars, and restaurants that serve alcohol. The plaintiffs argue that Hawaii is infringing on people's Second Amendment rights. Carrying guns in public is still fairly new to Hawaii. Before a 2022 Supreme Court decision expanded gun rights nationwide, the state's county police chiefs made it virtually impossible by rarely issuing permits for either open or concealed carry.

  • SCOTUS only considering one aspect: The Supreme Court agreed to decide one issue alone: the default rule that guns cannot be carried on private property open to the public unless the owner gives verbal permission or posts a sign saying they are allowed.
  • The right to self-defense vs. the right to keep guns off private property: If the default rule regarding private property can be enforced, plaintiff attorney Alan Beck said, "the Second Amendment right to carry firearms for self-defense will effectively be eviscerated." He noted that the case includes declarations from Maui business owners who are willing to welcome gun carriers but do not want to put up signs. Chris Marvin, gun violence prevention expert with Everytown for Gun Safety, said the private property restriction "is built upon the courtesy we all grew up with: You don't walk into someone else's home or a local mom-and-pop shop with a weapon unless you know for a fact that you're welcome to do so."
  • A mixed tradition on gun ownership: Along with some of the nation's strictest gun laws, Hawaii has some of the lowest rates of gun violence. But Beck said it's a misconception that the state's residents dislike guns. Especially on the outer islands, Hawaii has a vibrant hunting culture that respects firearms just as much as any state on the mainland," Beck said.

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