Justices Hear Arguments on Concealed Carry in Stores

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The Supreme Court heard arguments Tuesday over Hawaii’s ban on carrying a handgun in public accommodations—such as stores, restaurants, and gas stations—without the property owner’s permission.

Alan Beck, lawyer for the plaintiffs, said that entering such spaces is an “implied right,” unless the property owner opposes. He said Hawaii’s law flips that presumption and requires the property owner’s prior consent.

Neal Katyal, attorney for Hawaii and former acting U.S. solicitor general, argued the state law protects private property rights, and asserted, “it’s pretty clear an invitation to shop is not an invitation to bring your Glock.”

The ruling in the case of Wolford v. Lopez, expected this summer, will apply to any state that seeks to regulate guns. At least four other states have laws similar to Hawaii’s restrictions.

During Tuesday’s oral arguments, Justice Sonia Sotomayor asked, “Is there a constitutional right to enter private property with a gun, without an owner’s express or implicit consent?”

Beck answered, “No. You can’t enter an owner’s property without their consent, correct? Express or implicit. Correct, because that would be a trespass your honor.”

Beck argued the question, instead, was “carrying on private property that’s open to the public.” He added that Hawaii’s law preemptively bans possession of a gun in privately-owned spaces that are open to the public, rather than leaving it up to the owner to prohibit entry with a firearm.

“Every private property owner has the right to affirmatively put up a sign or otherwise not give permission for people to enter a property with a firearm,” Beck said.

“The crux of our argument is that clients flip that historical default from them having to affirmatively say ‘guns are not allowed here’ to the current law.”

Hawaii’s Act 52 enacted the policy after the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen. That ruling struck down New York’s law requiring concealed carry holders to demonstrate a need for self-defense.

Hawaii’s Act 52 states that someone with the license to carry a handgun may not “enter or remain on private property of another person while carrying a loaded or unloaded firearm … unless the person has been given express authority.” The law applies regardless of whether the property is open to the public.

Four other states have similar laws: California, Maryland, New York, and New Jersey, according to SCOTUSblog.

The high court is hearing the case because of a circuit split. The 2nd U.S. Circuit Court of Appeals struck down the New York law. The 3rd U.S. Circuit struck down New Jersey’s law. However, the 9th U.S. Circuit upheld Hawaii’s law.