April 2026
In 2008, the Supreme Court issued the landmark decision District of Columbia v. Heller, in which the majority found that the Second Amendment to the U.S. Constitution guaranteed the right to possess firearms in the home for self-defense.
Thirteen years later, the court expanded on that precedent in New York State Rifle & Pistol Association v. Bruen, holding that individuals had a right to carry firearms in public. This term, the court is considering whether that right extends to private property that is accessible to the public.
At issue in this case is a Hawaii law, enacted after the Bruen decision, that reformed the state’s existing stringent gun regulations. The law, in part, prohibited individuals from carrying concealed firearms into shops, restaurants and other businesses unless the owner or manager of the establishment gave explicit permission — either verbally or through a posted sign.
A group of Hawaiian gun owners and a local gun rights group filed suit against the state, alleging that much of the law, including the permission requirement, was unconstitutional. After a district court judge issued an order temporarily suspending the law, Hawaii appealed to the Ninth Circuit Court of Appeals, which consolidated the case with a challenge to a similar California statute.
The appeals court subsequently ruled that the Hawaii permission requirement did not violate the Constitution. The gun owners appealed to the U.S. Supreme Court, which granted certiorari on Oct. 3, 2025.
