Hawaii's gun restrictions reflect a centuries-old tradition dating back to King Kamehameha III's 1833 ban on deadly weapons, keeping the state among the safest in America with gun violence rates far below the national average. Requiring property owners to explicitly permit firearms respects business rights and public safety, with 78% of residents and 64% of gun owners supporting the measure. Looser gun laws correlate with more violence, and Hawaii’s gun-free culture shouldn’t be sacrificed for a small number of enthusiasts who want pistols in public spaces.
Hawaii’s Vampire Rule upends centuries of property law by presumptively banning lawful carriers from businesses open to the public, effectively nullifying the right to carry despite Bruen. Historically, armed citizens could enter commercial property unless owners posted prohibitions, and Hawaii’s 2023 restriction has no legitimate historical analogue beyond a Reconstruction-era Louisiana law designed to disarm freed slaves. The decision to allow or prohibit firearms should rest with the property owner, not the government.
After Tuesday’s arguments, the Supreme Court’s majority conservative justices signaled strong skepticism of Hawaii’s Vampire Rule. Chief Justice Roberts, who suggested the Second Amendment was being treated as a “disfavored right,” and Justices Alito and Kavanaugh pressed Hawaii’s lawyer on why it should be distinguished from other constitutional rights, noting the state offered no historical precedent for barring lawful carriers from private businesses. Early signals suggest the Court is poised to roll back the restriction.
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