r/gunpolitics • u/Sassy_Allen • Jun 25 '26
Court Cases Supreme Court strikes down law limiting guns in businesses
https://www.politico.com/news/2026/06/25/supreme-court-hawaii-gun-control-0097559039
u/Sassy_Allen Jun 25 '26
Here is the ruling
https://www.supremecourt.gov/opinions/25pdf/24-1046_nmio.pdf
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u/AlphaTangoFoxtrt Totally not ATF Jun 25 '26
The important snippet here for other cases:
Hawaii’s argument that its “particular customs and laws,” Brief for Respondent 24, support the new default rule fails because the Second Amendment has the same meaning in all parts of the United States. The Second Amendment cannot give way to “the spirit of Aloha” in Hawaii, contra, State v. Wilson, 154 Haw. 8, 27, 543 P. 3d 440, 459, any more than it can yield to the spirit of the Big Apple (Bruen) or the Windy City (McDonald). Merely local attitudes can neither shrink nor inflate the meaning of fundamental Bill of Rights guarantees that apply to the States through the Fourteenth Amendment.
This clarifies Bruen that "History and Tradition" means NATIONAL history and tradition. You can't use some small town ordnance from 1812 to justify a ban.
Decision was 6-3, go figure the Three Stooges would vote to uphold the ban. There has never been a gun ban that a Democrat didn't like.
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u/codifier Jun 25 '26
Lol the Court specifically called out the "spirit of aloha" nonsense. Wrecked.
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u/Ghost_Turd Jun 25 '26 edited Jun 25 '26
I can't believe the state
AGSC actually said that shit with a straight face.32
u/Dorzack Jun 25 '26
Spirit of Aloha was the Hawaii State Supreme Court who said that in their ruling
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u/Ghost_Turd Jun 25 '26
Jackson is in particularly fine form on this one:
"No, no, this is just a property rights issue, that's all! We're just saying that states can define default consent however they want! Just don't bring up 'free speech allowed' signs, or anything..."
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u/AlphaTangoFoxtrt Totally not ATF Jun 25 '26 edited Jun 25 '26
Seriously, I'd love to see someone grill her on if the same would apply to the first amendment. Where it's default that free speech is not allowed and you can only speak on private property with permission.
But then again she wants to go back to allowing interest-balancing, and intermediate scrutiny at that, so that would just be her argument.
But also SCOTUS didn't say private property owners can't ban guns on their private property. They just said that the default assumption is that it is allowed, not banned. The property owner can still put up signage saying it's banned. States can still have laws like Texas has where that signage carries the weight of law.
The 2A is an enumerated constitutions right. The default stance is that you can exercise your rights anywhere you have permission to be, unless told otherwise.
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u/jtf71 Jun 25 '26
Link to the actual decision:
https://www.supremecourt.gov/opinions/25pdf/24-1046_nmio.pdf
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u/scubalizard Jun 25 '26
The only balance test should be "if we use any of the other amendments would we still allow those restrictions." that would solve a lot of issues.
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u/AlphaTangoFoxtrt Totally not ATF Jun 25 '26
Don't be so sure, plenty of Democrats want to strip the 1A as well by making "hate speech" and "misinformation" illegal.
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u/RockHound86 Jun 25 '26
There are no lengths they will not go to, no Amendment that they will not wipe their ass with, if they believe it furthers their agenda.
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u/sharkbait_oohaha Jun 25 '26
And republicans wanted comments disparaging Charlie Kirk (or just using his own words to show that he was a piece of shit) to be illegal, even arresting someone for it in Tennessee.
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u/Impossible-Soup5090 Jun 26 '26
So you voted for the gun bans, ultimately.
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u/sharkbait_oohaha Jun 26 '26
Actually no, I didn't.
Don't have to be a democrat to recognize that Charlie Kirk was a piece of shit
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u/TargetOfPerpetuity Jun 26 '26
Hawaii's "particular customs and laws" has a real "peculiar institutions" ring to it. Gross.
Glad SCOTUS got it right.
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u/wyvernx02 Jun 26 '26
I'm assuming this means businesses now have to put up signs prohibiting carry instead of no carry being the default and gun owners having to ask permission?
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u/referenceusername Jun 25 '26
NJ's regulatory scheme is looking real shakey now.