Congressional Digest

Supreme Court Debates April 2026 No. 4 Vol. 29
United States of America, Amicus Curiae

Second Amendment Rights

Carrying Firearms Onto Private Property

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United States of America, Amicus Curiae

The United States is an amicus in this case because it involves questions of constitutional law. The following is excerpted from the Amicus Curiae Brief for Petitioners as submitted to the U.S. Supreme Court on Nov. 24, 2025. Hawaii’s ahistorical affirmative-consent rule for private property open to the public infringes the “right to keep and bear arms” guaranteed by the Second Amendment. Hawaii cannot criminalize public carry by imposing on property owners a clear-statement requirement that applies to no other constitutional right. Firearms restrictions violate the Second Amendment unless they are “consistent with the nation’s historical tradition of firearm regulation.”…

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