SCOTUS will hear challenge to Hawaii's gun law backed by Trump administration

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The Supreme Court will decide whether states can prohibit a person from bringing a handgun onto someone else’s property without the property owner’s express consent.

The court agreed on Oct. 3 to hear a challenge to gun restrictions in Hawaii as the justices continue to define what meets the court’s recently created constitutional test for gun regulations.

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While property owners were always able to restrict weapons, Hawaii’s law makes the default that handguns aren’t permitted on private property unless a property owner gives express permission. Previously, the standard legal presumption in the state and others was that lawful weapons could be brought onto private property unless the armed person was expressly told not to have them.

Three gun owners in Hawaii and the Hawaii Firearms Coalition challenged the law, saying it eviscerates the right to carry arms for self-defense that the Supreme Court affirmed in 2022.

The Trump administration backed an appeal by the Hawaii firearms advocates.

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The San Francisco-based 9th U.S. Circuit Court of Appeals said Hawaii’s rule passes that test.

But the New York-based 2nd U.S. Circuit Court of Appeals said that a similar restriction in New York does not.

Both states also ban firearms in “sensitive places.” In Hawaii, that includes beaches and parks, and restaurants and bars that serve alcohol, a prohibition that is also being challenged.

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