SCOTUS Seems Inclined To Reject Hawaii's Default Rule Against Guns on Private Property Open to the P

[Kamaji]

SCOTUS Seems Inclined To Reject Hawaii's Default Rule Against Guns on Private Property Open to the Public

The state requires carry permit holders to obtain advance permission before bringing firearms into businesses.

Jacob Sullum | 1.20.2026

After the Supreme Court's 2022 ruling in New York State Rifle & Pistol Association v. Bruen, several states had to repeal laws requiring that residents demonstrate a "special need" before they were allowed to carry guns in public for self-defense. But even as they made carry permits easier to obtain, legislators made them much harder to use by restricting the locations where people could legally possess firearms. On Tuesday, the Supreme Court weighed the constitutionality of a variation on that theme: a Hawaii law that bans guns from private property open to the public unless the owner has explicitly allowed them.

Three justices—Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson—were clearly inclined to uphold that law. But the rest of the Court seemed skeptical that it can pass muster under the Second Amendment.

Under Hawaii's law, carry permit holders who bring guns onto private property are committing a crime unless the owner has given his consent via "clear and conspicuous signage" or "unambiguous written or verbal authorization." That rule, the gun owners who challenged the law note, vastly complicates their ability to carry firearms for self-defense. In the absence of "clear and conspicuous signage," they must seek advance permission whenever they visit businesses such as grocery stores, gas stations, or restaurants.

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Source:  https://reason.com/2026/01/20/scotus-seems-inclined-to-reject-hawaiis-default-rule-against-guns-on-private-property-open-to-the-public/

[Hoodat]

Ketanji Brown Jackson uses racist gun laws from Civil War as historical justification for gun control in Hawaii

Joel Abbott  |  Jan 20, 2026

This kind of stuff is absolutely hilarious to legal nerds.

https://twitter.com/JCNSeverino/status/2013656844649009373

Here's what happening for the non-nerds:

• Hawaii now has a ban on carrying handguns on private property that is open to the public.
  
  
• This would essentially include every business, everywhere, effectively making it illegal to carry a gun anywhere but your own house, car, or the sidewalk.
  
  
• The law is called the "vampire rule" because you have to get explicit consent to enter any property while armed (bad guys won't follow this rule).

The Supreme Court is hearing a challenge to that stupid law (Wolford v. Lopez). Justice Alito told the lawyer representing Hawaii, "You're just relegating the Second Amendment to second-class status. I don't see how you can get away from that."

KBJ, who hates the 2A and has no idea how guns work, decided to go full retard to defend Hawaii.

• KBJ cited post-Civil War laws (Black Codes) that disarmed freed blacks.
  
  
• She then connected this to the landmark 2022 case Bruen, which banned states from requiring concealed carry applicants to provide government-approved explanations for why they want to carry a pistol. KBJ does not like Bruen.
  
  
• Bruen decided that new gun laws must stay within the realm of "historical tradition of firearm regulation." That is, you can have gun control laws, but they must be in line with the spirit and the letter of the law going back to what the Founders intended.

KBJ is ultimately trying to prove that the Bruen decision is dumb and Hawaiian gun control is smart, but in doing so, she had to justify racist laws from the 1860s.  .  .

https://notthebee.com/article/ketanji-brown-jackson-defends-racist-black-codes-while-arguing-for-hawaiis-gun-control-law

[mountaineer]

I understand it's a real challenge for some of the other justices whenever she opens her mouth. It's hard to keep their heads from exploding.

[Wingnut]

Dumb.
Sonia Sotomayor,
 
Dumber.
Elena Kagan,

Dumbest
Ketanji Brown Jackson

[Mod2]

Merged and moved to SCOTUS category

[Kamaji]

Dumb.
Sonia Sotomayor,
 
Dumber.
Elena Kagan,

Dumbest
Ketanji Brown Jackson

I think that would be “Dumberer”, not “Dumbest” - especially with progs and dems, never underestimate just how dumb they can be; I’m sure they can find someone even dumber than Jackson.

[roamer_1]

There's actually a problem here...

MT has always been Open Carry/Lic Concealed.
But there are private businesses that restrict carry. ALL bars, banks, government offices, for starters.

Used to not be a problem... I would go into the back door at the bank, where the security desk is, disarm with their officer, walk on in, do my business, and collect my firearm on the way out. The Sheriff did similar...

Other places, not so much. I think if you are a private or public business and you want to declare  your property as requiring no carry. then I think you should have to provide a check-in system, and assume responsibility for the firearm while the gun is in your possession.

I sure don't want to be seen taking off my gun and stuffing it in my car. Sure to get robbed doing that.

[Fishrrman]

wingnut muses:
"Dumb.
Sonia Sotomayor,
Dumber.
Elena Kagan,"

Of the three lefty ladies, I reckon that kagan isn't that "dumb" at all.
Rather, she's "of the left".

jackson, however, is in a class by herself.