[ARCHIVED THREAD] - SCOTUS win, The court holds that the Hawaii law is unconstitutional, Wolford (vampire rule) (Page 1 of 4)
Posted: 6/25/2026 10:09:13 AM EDT
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https://www.supremecourt.gov/opinions/25pdf/24-1046_nmio.pdf The court holds that the Hawaii law is unconstitutional Held: Hawaii’s law prohibiting licensed concealed-carry permit holders from carrying handguns on private property open to the public without the property owner’s express authorization violates the Second and Fourteenth Amendments. Pp. 13–24. (a) The restrictions imposed by Hawaii’s challenged law fall within the plain text of the Second Amendment, so the law is presumptively unconstitutional. No party disputes that petitioners are among “the people” protected by the Second Amendment or that they seek to “bear” “Arms.” Therefore, “the plain text of the Second Amendment protects” what petitioners want to do: carry handguns for self-defense. Bruen, 597 U. S., at 32. To be sure, owners of establishments that are open to the public can admit or exclude persons who are carrying guns for self defense under either the common-law rule or Hawaii’s law. But Hawaii’s shift from the common-law rule unquestionably imposes a new and significant burden on the exercise of the right recognized in Bruen. For example, proprietors who do not object to entry by carry permit holders may be reluctant to post welcoming signs for fear of alienating customers. So under Hawaii’s new default rule, a proprietor in this category may only be willing to consent discreetly to the entry of permit holders who make the effort to inquire. This arrangement imposes a new burden on permit holders who will have to somehow obtain permission to carry a firearm on the property before stepping foot on it. The law severely hampers the ability of law-abiding citizens to exercise the right Bruen recognized as they go about their daily lives. Pp. 13–16. (b) Hawaii’s proffered historical analogues do not support the constitutionality of its new default rule. Pp. 16–24. (1) Hawaii’s argument that its “particular customs and laws,” Brief for Respondent 24, support the new default rule fails because the Second Amendment has the same meaning in all parts of the United States. The Second Amendment cannot give way to “the spirit of Aloha” in Hawaii, contra, State v. Wilson, 154 Haw. 8, 27, 543 P. 3d 440, 459, any more than it can yield to the spirit of the Big Apple (Bruen) or the Windy City (McDonald). Merely local attitudes can neither shrink nor inflate the meaning of fundamental Bill of Rights guarantees that apply to the States through the Fourteenth Amendment. Pp. 16–19. (2) The State’s colonial and early state law analogues consist almost entirely of laws that prohibited unauthorized hunting of deer or small game on someone else’s private property. These laws—including a 1721 Pennsylvania law, 1722 New Jersey statute, 1728 Maryland statute, 1763 New York law, and 1771 New Jersey law—targeted unauthorized hunting and applied to land where game could be found, not retail establishments that residents frequent as part of their daily routines. Those laws had little if any impact on the Second Amendment’s central objective of protecting the fundamental right to self-defense, and their obvious aim was to prevent the distinctive harms and risks associated with unauthorized hunting. The gap between the State’s anti-poaching analogues and its new rule is too wide. Pp. 19– 22. (3) The State’s remaining analogues are even weaker. An 1893 Oregon law prohibited armed trespass on “enclosed premises,” but it is unclear whether such premises included commercial establishments open to the public. Regardless, a lone statute adopted nearly a century after the adoption of the Second Amendment and well after the adoption of the Fourteenth Amendment sheds little if any light on the meaning of the Second Amendment right. Hawaii also relies on an 1865 Louisiana statute enacted as part of the notorious Black Codes to disarm blacks and leave them defenseless against attacks. As the Court laid out in McDonald, the right to keep and bear arms was crucially important for vulnerable blacks during this period. See 561 U. S., at 757, 771, 776–779; id., at 843–846 (THOMAS, J., concurring in part and concurring in judgment). This was well-understood by the Republicans in Congress who were responsible for drafting, approving, and securing the ratification of the Fourteenth Amendment. Against this history, Hawaii’s claim that this tainted artifact from Louisiana’s Black Code illuminates the original understanding of the right to keep and bear arms cannot be taken seriously. And even setting aside this statute’s pedigree, it carries no weight because it was neither widespread nor widely accepted. Pp. 22–24. |
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This law, in case anyone is wondering... At issue in this case is a Hawaii law that prohibits firearms on private property open to the public without the express and affirmative consent of the property owner. Hawaii’s new rule imposes severe re- strictions on the daily activities of residents who have satisfied the State’s rigorous requirements for the issuance of a carry permit. When these permit holders leave home, 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, such as gas sta- tions, restaurants, and stores. This law flips the default rule at com- mon law, under which anyone has an implied license to enter property held open to the public unless the property owner withdraws consent. |
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This will ruffle some feathers Hawaii also relies on an 1865 Louisiana statute enacted as part of the notorious Black Codes to disarm blacks and leave them defenseless against attacks. As the Court laid out in McDonald, the right to keep and bear arms was crucially important for vulnerable blacks during this period. |
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Quoted: Now, hopefully, we can get movement on Duncan and the others. It would be nice to see a set of per curium decisions for the win, but I'm not hopeful for that. I am guessing all of those will be gvr'd again based on this case, Wolford. Which gives the liberal anti-gunners years more of delay time unfortunately. |
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Quoted: I am guessing all of those will be gvr'd again based on this case, Wolford. Which gives the liberal anti-gunners years more of delay time unfortunately. Quoted: Quoted: Now, hopefully, we can get movement on Duncan and the others. It would be nice to see a set of per curium decisions for the win, but I'm not hopeful for that. I am guessing all of those will be gvr'd again based on this case, Wolford. Which gives the liberal anti-gunners years more of delay time unfortunately. Unfortunately I fear taht as well. not sure what in the last two rulings is on point for the 5 cases, but any chance for SCOTUS to punt, they probably will. |
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Quoted: This will ruffle some feathers Hawaii also relies on an 1865 Louisiana statute enacted as part of the notorious Black Codes to disarm blacks and leave them defenseless against attacks. As the Court laid out in McDonald, the right to keep and bear arms was crucially important for vulnerable blacks during this period. You forgot the next line! A little history lesson for the liberal assholes... "This was well-understood by the Republicans in Congress who were responsible for drafting, approving, and securing the ratification of the Fourteenth Amendment." |
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Aside from Hawaii trying to use obvious racist laws as analogies, this decision also does a good job of shutting down some of the supposed analogous hunting laws Hawaii tried to bullshit... "Those laws had little if any impact on the Second Amend- ment’s central objective of protecting the fundamental right to self-de- fense, and their obvious aim was to prevent the distinctive harms and risks associated with unauthorized hunting. The gap between the State’s anti-poaching analogues and its new rule is too wide. " |
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Quoted: There needs to be criminal consequences for those writing legislation that violates the constitution. this Especially considering the laws they pass are obvious ploys to bypass current opinions with extremely small technicalities. A right delayed is a right denied. |
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Quoted: Hawaii also relies on an 1865 Louisiana statute enacted as part of the notorious Black Codes to disarm blacks and leave them defenseless against attacks. As the Court laid out in McDonald, the right to keep and bear arms was crucially important for vulnerable blacks during this period. "This was well-understood by the Republicans in Congress who were responsible for drafting, approving, and securing the ratification of the Fourteenth Amendment." Yup. Democrats have always been about taking away rights. |
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Quoted: Also, regardless of your opinion on Trump, we can thank him for this court. Since election 1, I said as long as we get some appointments it was worth it (and I have the receipts to prove it). This *is* what I voted for. Now do AWBs next. He needs to beat the Dems in expanding the court to 13 and fill it with real conservatives. |
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The Second Amendment cannot give way to “the spirit of Aloha” in Hawaii, contra, State v. Wilson, 154 Haw. 8, 27, 543 P. 3d 440, 459, any more than it can yield to the spirit of the Big Apple (Bruen) or the Windy City (McDonald). Merely local attitudes can neither shrink nor inflate the meaning of fundamental Bill of Rights guarantees that apply to the States through the Fourteenth Amendment. This is the most important point. |
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Aloha oe, aloha oe, Goodbye to rules that cast a shadow wide. The right to bear is welcome on our land, And freedom walks forever by our side. Aloha oe, aloha oe, The right to bear is welcome on our land. With open hearts, we welcome you today, Until we meet again, we stand. |
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Quoted: Also, regardless of your opinion on Trump, we can thank him for this court. Since election 1, I said as long as we get some appointments it was worth it (and I have the receipts to prove it). This *is* what I voted for. Now do AWBs next. |
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Quoted: NY has a similar rule that everywhere is a default no carry zone, although I think that already got shot down by a lower court. NY does have an extensive list of no gun areas that make it pretty tough to legally carry Yes the 2nd circus already struck down NYs vampire rule...but the sensitive locations remain in place unfortunately. Parks and restaurants that serve alcohol are the most ridiculous...those need to go. |
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Quoted: To use a Cuban analogy...Hawaii will wipe its ass with the USSC's ruling. They'll simply go back to the drawing board and come up with a new way to restrict guns and wait until the SC rules against them again. Wash, rinse, repeat. It's like a game to them. |
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Honestly, even though this decision didn't touch upon the myriad of sensitive places that liberal states have banned carry in since Bruen... The fact that this decision strongly reinforces text history and tradition and shoots down a bunch of ridiculous analogous carry laws (which liberal courts have used to justify sensitive places)... In my opinion this decision invalidates almost all of the sensitive places restrictions... Parks, restaurants that serve alcohol, hospitals... Hell even schools. There is absolutely no widespread tradition or analogous laws that banned carry in any of these places. Not in the 1700s...not in the 1800s. |
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Quoted: https://www.supremecourt.gov/opinions/25pdf/24-1046_nmio.pdf The court holds that the Hawaii law is unconstitutional Held: Hawaii’s law prohibiting licensed concealed-carry permit holders from carrying handguns on private property open to the public without the property owner’s express authorization violates the Second and Fourteenth Amendments. Pp. 13–24. (a) The restrictions imposed by Hawaii’s challenged law fall within the plain text of the Second Amendment, so the law is presumptively unconstitutional. No party disputes that petitioners are among “the people” protected by the Second Amendment or that they seek to “bear” “Arms.” Therefore, “the plain text of the Second Amendment protects” what petitioners want to do: carry handguns for self-defense. Bruen, 597 U. S., at 32. To be sure, owners of establishments that are open to the public can admit or exclude persons who are carrying guns for self defense under either the common-law rule or Hawaii’s law. But Hawaii’s shift from the common-law rule unquestionably imposes a new and significant burden on the exercise of the right recognized in Bruen. For example, proprietors who do not object to entry by carry permit holders may be reluctant to post welcoming signs for fear of alienating customers. So under Hawaii’s new default rule, a proprietor in this category may only be willing to consent discreetly to the entry of permit holders who make the effort to inquire. This arrangement imposes a new burden on permit holders who will have to somehow obtain permission to carry a firearm on the property before stepping foot on it. The law severely hampers the ability of law-abiding citizens to exercise the right Bruen recognized as they go about their daily lives. Pp. 13–16. (b) Hawaii’s proffered historical analogues do not support the constitutionality of its new default rule. Pp. 16–24. (1) Hawaii’s argument that its “particular customs and laws,” Brief for Respondent 24, support the new default rule fails because the Second Amendment has the same meaning in all parts of the United States. The Second Amendment cannot give way to “the spirit of Aloha” in Hawaii, contra, State v. Wilson, 154 Haw. 8, 27, 543 P. 3d 440, 459, any more than it can yield to the spirit of the Big Apple (Bruen) or the Windy City (McDonald). Merely local attitudes can neither shrink nor inflate the meaning of fundamental Bill of Rights guarantees that apply to the States through the Fourteenth Amendment. Pp. 16–19. (2) The State’s colonial and early state law analogues consist almost entirely of laws that prohibited unauthorized hunting of deer or small game on someone else’s private property. These laws—including a 1721 Pennsylvania law, 1722 New Jersey statute, 1728 Maryland statute, 1763 New York law, and 1771 New Jersey law—targeted unauthorized hunting and applied to land where game could be found, not retail establishments that residents frequent as part of their daily routines. Those laws had little if any impact on the Second Amendment’s central objective of protecting the fundamental right to self-defense, and their obvious aim was to prevent the distinctive harms and risks associated with unauthorized hunting. The gap between the State’s anti-poaching analogues and its new rule is too wide. Pp. 19– 22. (3) The State’s remaining analogues are even weaker. An 1893 Oregon law prohibited armed trespass on “enclosed premises,” but it is unclear whether such premises included commercial establishments open to the public. Regardless, a lone statute adopted nearly a century after the adoption of the Second Amendment and well after the adoption of the Fourteenth Amendment sheds little if any light on the meaning of the Second Amendment right. Hawaii also relies on an 1865 Louisiana statute enacted as part of the notorious Black Codes to disarm blacks and leave them defenseless against attacks. As the Court laid out in McDonald, the right to keep and bear arms was crucially important for vulnerable blacks during this period. See 561 U. S., at 757, 771, 776–779; id., at 843–846 (THOMAS, J., concurring in part and concurring in judgment). This was well-understood by the Republicans in Congress who were responsible for drafting, approving, and securing the ratification of the Fourteenth Amendment. Against this history, Hawaii’s claim that this tainted artifact from Louisiana’s Black Code illuminates the original understanding of the right to keep and bear arms cannot be taken seriously. And even setting aside this statute’s pedigree, it carries no weight because it was neither widespread nor widely accepted. Pp. 22–24. It infringed on 2A's presumption that a legally-armed citizen may lawful carry on public or private property - especially those normally "open to the public" (e.g., grocery stores, restaurants, hotels, etc.) - unless the private-property owner EXPLICITLY publishes or posts a notice otherwise. The AG's civil-rights division can sue Hawaii if they try to slow-walk compliance with this ruling. |