(AFP) – The US Supreme Court on Thursday struck down a Hawaii law that bans the carrying of firearms on private property open to the public such as stores or restaurants without the owner’s permission. The conservative-dominated court, in a 6-3 decision, ruled that the state law was a violation of the Second Amendment of the Constitution, which says Americans have the right to keep and bear arms.
The Hawaii law requires a gun owner with a concealed carry permit to get the explicit permission of a private property owner before bringing a firearm into their establishment. Four other Democratic-ruled states — California, Maryland, New Jersey, and New York — have similar laws, which pit the rights of property owners against those of gun owners.
Justice Samuel Alito, in an opinion joined by the five other conservative justices, said the Hawaii law imposes “severe restrictions” on residents who have been granted concealed carry permits. “When these permit holders leave home in the morning, not only must they take care to avoid all the territory where the possession of a gun is prohibited outright, but they may also be barred from entering many places that people routinely visit in the course of their daily routines,” Alito said.
“This regime hobbles what the Second Amendment protects: the right of Americans to carry arms for self-defense as they go about their daily lives,” he said. “We hold that the law is unconstitutional.” The Supreme Court expanded gun rights in a landmark 2022 ruling and has been generally sympathetic to gun owners.
President Donald Trump’s Justice Department, which generally backs expansive gun rights, supported the challenge by gun owners to the Hawaii gun law. Senator Chuck Schumer, leader of the Democratic minority in the Senate, criticized the court’s decision.
“This MAGA Supreme Court has once again put the gun lobby ahead of American lives,” Schumer said. “Today’s decision strikes down a commonsense Hawaii law, steamrolls private property rights and invites more guns into more places where families should feel safe,” he said.
In another gun case, the Supreme Court ruled unanimously last week that a habitual user of marijuana cannot be barred from owning a firearm.
© 2024 AFP
