The Supreme Court has invalidated a Hawaii law that required gun owners with concealed carry permits to get property owner permission before bringing firearms onto private businesses, ruling in a 6-3 decision Thursday that the restriction violates Second Amendment rights.
The provision, enacted in 2023 as part of a sweeping gun control package, earned its nickname from vampire folklore: just as the creatures cannot enter homes without an invitation, the rule barred armed permit holders from entering restaurants, gas stations, stores, and other private properties open to the public without explicit permission. Violating the rule carries penalties of up to one year in prison.
The challenge came from Maui residents Jason Wolford, Alison Wolford, and Atom Kasprzycki, all licensed gun carriers, along with the Hawaii Firearms Coalition. The Trump administration supported their case at the Supreme Court.
A federal judge initially blocked the provision, but the 9th U.S. Circuit Court of Appeals reversed course in September 2024, upholding Hawaii's law. The Supreme Court's majority disagreed, concluding the restriction conflicts with the court's 2022 decision establishing a constitutional right to carry firearms in public.
The ruling's practical reach is narrow. Most states already allow permit holders to carry guns into privately owned public spaces, making Hawaii an outlier in its approach. Only New York, New Jersey, Maryland, and California have implemented similar restrictions, meaning the decision will primarily affect these five states.
Hawaii's broader 2023 gun law faced additional legal challenges, with lower courts already blocking some of its other provisions. The vampire rule dispute represents one of several ongoing battles over the state's attempt to tighten gun regulations in the post-2022 Supreme Court landscape.
Author Sarah Mitchell: "The court's willingness to strike down even niche state gun laws shows how the Second Amendment has become a constitutional ceiling for states trying to regulate firearms, not just a floor."
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