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US Supreme Court strikes down Hawaii limits on guns in public

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The US Supreme Court has struck down a rule Hawaii that barred gun owners from carrying handguns on publicly accessible private property.

In a 6-3 decision on Thursday, the court sided with gun owners who argued the restriction on where they can carry firearms violates the Second Amendment – the constitutional right to bear arms.

The justices found that a federal appeal courts erred in affirming the state can prohibit those with concealed-carry permits from having handguns in places like restaurants and malls unless given permission by the property owner.

The ruling impacts a handful of US states, as law in most of the country allows those with a permit to carry a firearm on private property.

Left-leaning states like California, New York, New Jersey and Maryland have similar laws to Hawaii’s, which was dubbed a “vampire rule” as it required people with guns to get permission to enter an establishment.

Carrying a gun without consent has until now been a misdemeanor in Hawaii, punishable by up to one year in prison.

Conservative Justice Samuel Alito wrote in the ruling: “The effect of this new rule is to impose severe restrictions on the daily activities of residents who have satisfied the state’s rigorous requirements for the issuance of a carry permit.”

He added that “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. We hold that the law is unconstitutional.”

The Supreme Court’s three liberal justices dissented.

Thursday’s ruling does not impact other restrictions Hawaii has placed on guns in places like bars, beaches or parks, or sensitive locations like schools or government buildings, according to media partner CBS.

The case stems from from a dispute in 2023, when three state residents and the Hawaii Firearms Coalition challenged the rule as a violation of the Second Amendment. A federal district court sided with them in finding that the rule likely violates the constitutional right to keep and bear arms.

But the state appealed and the US Court of Appeals for the ninth Circuit upheld the law.

The Trump administration has backed the gun owners in the case, arguing the requirement put an armed permit-holder at risk of committing a crime by stopping to fill gas in their car or shopping at a grocery store.

The ruling marks the second decision from the Supreme Court during the current term in which they have sided with gun rights advocates.


BBC News

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