The Supreme Court issued a ruling on Thursday invalidating a Hawaii firearm restriction that limited where individuals could carry guns on certain private properties accessible to the public, determining that the measure violates the right to bear arms. In a 6-3 decision, the justices struck down the requirement that mandated concealed carry permit holders obtain express permission from a property owner before entering their premises. This regulation had earned the nickname “vampire rule,” referencing folklore where vampires are required to be invited into a home before they can enter.
The court’s conservative majority concluded that the provision is unconstitutional under the Second Amendment, while the three liberal justices dissented. Writing for the majority, Justice Samuel Alito noted that the regulation imposes significant burdens on residents who have already met the state’s rigorous standards for obtaining a carry permit. Alito emphasized that the rule hampers the Second Amendment right, which protects the ability of Americans to carry weapons for self-defense during their daily activities.
In her dissenting opinion, Justice Elena Kagan argued that she would have upheld the state law, describing it as a modern equivalent to colonial and founding-era regulations that restricted the carrying of firearms on private land without the owner’s consent. Because most states do not employ similar provisions, the ruling’s practical impact is expected to be confined to a few jurisdictions that adopted similar approaches, specifically New York, New Jersey, Maryland, and California.
Gun rights organizations praised the decision, suggesting that the Hawaii measure was a deliberate attempt to bypass the Supreme Court’s 2022 ruling in the case of Bruen v. New York Rifle and Pistol Association, which affirmed the right to carry firearms in public. Brandon Combs, president of the Firearms Policy Coalition, hailed the ruling as a major victory for gun rights advocates. Conversely, groups supporting gun control suggested the impact remains limited, with Janet Carter of Everytown Law noting that private property owners still maintain substantial authority to regulate firearms on their own land.
The Hawaii rule, which was enacted in 2023 as part of a wider package of gun legislation, applied to private properties open to the public such as restaurants, stores, and gas stations. Violations of the measure carried potential penalties of up to a year in prison. The policy was challenged in court by Maui residents Jason Wolford, Alison Wolford, and Atom Kasprzycki, alongside the Hawaii Firearms Coalition, and received support from the Trump administration. Although a federal judge initially blocked the provision, the 9th U.S. Circuit Court of Appeals had previously ruled in favor of the state in September 2024 before the matter reached the Supreme Court.
