Supreme Court to review Hawaii gun law challenge
Washington saw a chilling twist in gun rights debates as the Supreme Court agreed to hear a case challenging Hawaii’s restrictive firearm carry rules on Jan. 20, 2026.
In a filing, the Trump administration pushed the court to intervene, claiming Hawaii, along with states like California and New York, crafted laws sidestepping a 2022 Supreme Court ruling that expanded Second Amendment protections for carrying guns outside the home, known as New York State Rifle & Pistol Association v. Bruen. The Hawaii law, enacted in 2023, requires gun owners to obtain explicit permission before carrying concealed firearms onto private property open to the public, such as stores.
The issue has ignited fierce discussion among advocates and policymakers. Critics of the law, including three Maui residents and a state gun owners group, argue it creates an unreasonable barrier to exercising constitutional rights.
Historical Precedent Under Scrutiny
Delving into the legal fray, the Justice Department pointed out that most property owners don’t post signs clarifying their stance on firearms, making Hawaii’s rule a near-total block on public carry, as reported by USA Today. This setup, they contend, traps law-abiding citizens in a maze of uncertainty.
Hawaii defends its position by emphasizing property rights, asserting that owners should have the final say on whether guns enter their spaces. Their attorneys argue the law reflects a deep-rooted tradition of weapon restrictions predating statehood, citing an 1833 rule under Hawaii’s king banning dangerous weapons.
Yet, this historical defense gets a sharp jab from challengers who note that cited laws, like a 1771 New Jersey statute, targeted poachers on closed land, not public spaces. They argue that such examples fail to justify a blanket permission requirement today.
Gun Owners Labeled as Outsiders
Gun rights groups have dubbed Hawaii’s policy a “Vampire Rule,” claiming it paints permit holders as threats to be barred at the door. “Hawaii is treating those with carry permits as if they were monsters that must be warded off,” several organizations wrote in a filing, a vivid critique of the state’s approach.
This imagery isn’t just colorful language; it underscores a deeper frustration. Forcing gun owners to beg for entry into everyday places like shops or cafes strips away the dignity of a right upheld by the highest court.
Hawaii counters with a shrug, suggesting owners can simply ask an employee for permission. “To be sure, the employee might say no, but that possibility cannot render the law unconstitutional,” state attorneys argued in their filing, a stance that feels dismissive to those navigating these restrictions.
Property Rights Clash with Self-Defense
The National Association for Gun Rights highlights another angle, pointing out that business owners are caught in a bind. Taking a public stand on guns risks alienating customers, forcing them to hide their support for self-defense rights or face commercial backlash.
On the flip side, gun control advocates worry the court’s conservative tilt could not only strike down Hawaii’s law but also narrow the historical test for evaluating firearm regulations. Billy Clark of Giffords Law Center noted, “States historically have always set default rules about the use of property,” drawing a parallel to everyday restrictions like pet policies in restaurants.
Douglas Letter from the Brady group doubled down, emphasizing that private property protections are woven into America’s legal fabric. His take cuts to the core: the framers prioritized property alongside liberty, a balance Hawaii claims to uphold.
Broader Implications for Gun Laws
This case isn’t an isolated skirmish; it’s part of a wave of litigation following the 2022 Bruen decision, with lower courts wrestling to apply the historical tradition standard. The 9th U.S. Circuit Court of Appeals upheld Hawaii’s law, leaning on old statutes from New Jersey and Louisiana as parallels, though challengers dispute their relevance.
Meanwhile, the Supreme Court’s docket brims with related disputes, from federal bans on drug users owning guns to state restrictions on certain firearms. Hawaii’s additional outright bans in public spaces like beaches and bars, not under review here, further squeeze gun owners into a corner.
What unfolds in this hearing could redraw the lines of self-defense and property rights across the nation. If the court sides with challengers, states may find their regulatory tools blunted; if not, gun owners might face an uphill climb to carry freely. Either way, the stakes are as high as a gothic tale’s climax.




