Supreme Court debates whether states can restrict gun trafficking on private property

Do private owners have the right to decide whether they want guns on their private property? That is the question that the Supreme Court is currently considering. At issue is whether states can restrict firearms on private property accessible to the public without first obtaining permission from the owner.

At the heart of this case is Hawaii, but at least four other states, including California, Maryland, New York and New Jersey, have similar laws.

State lawmakers have established strict “standard rules.”’prohibiting the possession of handguns in privately owned places where members of the public may congregate unless the owner specifically consents, ABC News reports.

“This law is extremely restrictive. It bans public transportation on 96.4% of the publicly available land in the County of Maui,” Alan Beck, an attorney for three Maui residents and members of the Hawaii Firearms Coalition who challenged the law, told the newspaper.

He adds: “They like to spend money at the ATM late at night or just go to a restaurant for lunch. They cannot run a private business that is open to the public, and are not willing to put up a sign that says ‘guns allowed’.”

Gun laws in other states

In the 45 other states, lawmakers allow handgun owners to assume they can legally carry guns onto private property open to the public unless the owner explicitly says otherwise with verbal instructions or by posting a sign.

Gun control groups say this is more of a property rights issue, not a dispute over the Second Amendment. Proponents argue that there is a long-standing tradition in the United States of allowing property owners to set rules for their properties.

However, challengers say it is unconstitutional for Hawaii to impose boilerplate rules banning firearms in private public spaces. They argue that the laws would mean that gun owners would have to assume that guns are banned in most public spaces.

Hawaii’s leaders are pushing back. They claim that there has never been a “right to armed entry into private property without permission.” They say the law is intended to protect property owners’ right to exclude guns.

But it also appears that the Supreme Court’s six conservative justices are skeptical of Hawaii’s gun laws. CNN reports.

Justice Samuel Alito said Hawaii’s defense of law ‘degrades the Second Amendment’ to second-class status.”

A ruling in this case is expected in June.

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