A Hawai‘i law prohibiting guns on private property has been overturned by the U.S. Supreme Court.
A 2023 amendment to the state’s gun control laws included the so-called “vampire rule.” Named after the folkloric belief that a vampire cannot enter a home without first being invited, the vampire rule prohibited a person from carrying a concealed firearm onto private property without the property owner’s express consent.
The bill effectively required establishments such as restaurants that serve alcohol, as well as public beaches and parks, to opt in to permitting concealed firearms.
But the Supreme Court put a stake through the heart of the vampire rule Thursday, finding it to violate the Second Amendment of the U.S. Constitution.
Writing for the opinion of the court, Justice Samuel Alito described a hypothetical situation where a woman carrying a handgun in her purse attempts to run basic errands: “When she arrives, she will violate the literal terms of the Hawaiʻi law merely by pulling into the parking lot while having her handgun concealed on her person.
“She may choose to remain armed when she enters the supermarket and promptly search for someone who is authorized to provide the consent that the law demands … During all the time this search goes on, our hypothetical young woman will be violating the terms of the statute, and if that is brought to the attention of the police … she may be charged with a criminal offense or lose her license.”
This presents an intolerable burden upon the right to bear arms, wrote Alito, which is sufficient to conclude that the law violates the Second Amendment.
Arguments by the state that Hawai‘i's historic opposition to firearm possession — stemming to King Kamehameha III — fell flat, as Alito wrote that local attitudes cannot alter the fundamental rights in the Constitution.
Other arguments by the state — including a comparison to an 1865 Louisiana law that was created as part of the infamous “Black Codes” in order to disarm black citizens fallowing the abolition of slavery — were similarly found unconvincing. The Black Code comparison in particular “cannot be taken seriously,” Alito wrote, in part because that law was a “tainted artifact” aimed at depriving citizens of rights so they could be further oppressed.
The court’s verdict was not unanimous, however. Justices Elena Kagan, Ketanji Jackson and Sonia Sotomayor — all appointed by Democratic presidents — dissented.
Jackson’s dissent, co-signed by Sotomayor, argued that “the Court’s objective is protecting guns, not consistently preserving any principle of law.” She argued that there is no constitutional right to enter private property without the owner’s consent, irrespective of whether a firearm is present at all. Therefore, a rule allowing the property owner to withhold consent on the grounds of firearms doesn’t violate the Second Amendment, she argued.
The vampire rule, Jackson wrote, simply requires gun owners to seek express consent to bring a gun onto their property, rather than assume implicit consent.
The case originated from three Maui residents — Jason and Alison Wolford and Atom Kasprzycki — who had been able to carry concealed handguns at places like restaurants without issue before the vampire rule was put in place. The trio were represented by the nonprofit Hawai‘i Firearms Coalition in filing their suit against the state.
The verdict drew plaudits from other Second Amendment groups. The Second Amendment Foundation, a national nonprofit which filed a brief in support of the plaintiffs last year, called the verdict “a victory to gun owners.”
“This law was nothing more than a thinly veiled attempt to disarm peaceable citizens, and we’re grateful the Supreme Court saw through the ruse,” SAF founder Alan Gottlieb said in a statement Thursday. “With this precedent-setting ruling in hand, other states that have similar laws in place should be on notice – SAF is coming after you and will not hesitate to challenge the continued disenfranchisement of our members and the public.”
But multiple Hawai‘i lawmakers condemned the decision. Sen. Mazie Hirono attributed the verdict to an “out-of-control Supreme Court majority … placing political ideology above protecting lives.” Hirono said in a statement that Hawai‘i’s strong gun control laws have given the state the lowest rate of gun deaths in the country.
Rep. Jill Tokuda said the ruling takes away “Hawai‘i's ability to determine what safety looks like in our own communities and businesses.” She compared the vampire rule to businesses’ “no shirt, no shoes, no service” rules, calling them both “basic rules … about what is allowed on their property and what is not.”
Aloha State Daily reached out to the Hawai‘i Firearms Coalition, the Hawai‘i Defense Foundation, the Hawai‘i Rifle Association, and Sen. Glenn Wakai, co-introducer of the 2023 bill that established the vampire rule, for further comment.
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