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Atom Kasprzycki, left, and Jason Wolford are part of a group of Hawaii gun owners challenging the law, which requires gun owners to get the explicit consent of a property owner before carrying a concealed weapon.Credit...Alyssa Schukar for The New York Times
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Can a Hawaii gun owner bring a concealed handgun to the grocery store? How about to a beachside restaurant, or into a gas station?

A 2023 state law requires gun owners to get permission before carrying a firearm onto private property otherwise open to the public, but a majority of Supreme Court justices signaled skepticism on Tuesday about the constitutionality of the statute.

Several Hawaii gun owners and a gun rights group, who had sued over Hawaii’s law, argued it collided with the Second Amendment by making it a crime for gun owners to bring their guns into shopping malls, coffee shops and other privately owned businesses without first getting sign-off from the owner.

A lawyer for Hawaii countered by asserting that the law fit within the history and tradition of both the islands and of the rest of the country.

During the oral arguments, the justices wrestled with how to apply the test they laid out in their 2022 landmark ruling New York State Rifle & Pistol Association v. Bruen. In that case, the court’s conservative majority expanded the right to carry guns outside the home and established a new so-called Bruen test, which requires courts to analyze whether gun laws align with the country’s “history and tradition.”

The Hawaii case also prompted sharp debates among the justices over whether the Bruen test’s reliance on the nation’s history of gun rights is in tension with the country’s also rich tradition of upholding robust private property rights.


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