It is no surprise Hawaii, with some of the nation’s most restrictive gun laws, now finds itself before the Supreme Court, seeking to defend its position against a challenge that could reshape many states’ approach to firearms. Hawaii has forced on its citizens one of the lowest rates of gun ownership via some of the most restrictive gun laws in the country. Let’s see if the latest challenge brings the Aloha state just a bit closer to the broader gun freedoms most Americans enjoy as a right.
The Supreme Court recently agreed to hear a major case on gun rights, Wolford v. Lopez, taking up the constitutionality of a Hawaiian law (reference is also made to a similar Californian law) that bans the possession of handguns in most commercial places. Existing Hawaiian law already bars people from carrying guns on beaches, in parks, and in bars and restaurants that serve alcohol. The specific law under review aims at establishments like stores, hotels, and malls, where people can carry guns only with the permission of the property owner. Under current law, entering a gas station, supermarket, or even a parking lot with a legal handgun constitutes a crime in Hawaii. The default rule in most other states is that gun owners can carry firearms onto private property unless they have been told otherwise.
The plaintiffs argue in their petition the law made it “impossible as a practical matter to carry a firearm for lawful self-defense in Hawaii.”
“Because most property owners do not post signs either allowing or forbidding guns, Hawaii’s default rule functions as a near-complete ban on public carry,” U.S. Solicitor General John Sauer wrote in court documents. The Trump administration urged the justices to take the case, arguing the law violates the Court’s landmark 2022 ruling finding the Second Amendment traditionally and historically gives people the right to carry firearms in most places. Four other states still have laws banning guns in areas often referred to as sensitive locations, though similar presumptive restrictions for guns on private property have been blocked elsewhere, including in New York, with its own almost-impossible-to-work-around restrictive gun laws.
The United States is a country with a unique relationship to firearms. The Second Amendment has shaped American culture, politics, and law for more than two centuries. Yet while the Constitution sets the framework, each state enacts its own set of restrictions. Hawaii stands out for having some of the most stringent gun laws in the nation, making it ripe for the current court challenge to set an example. Hawaiian gun laws reveal the tension between individual rights and presumed public safety, as well as the ways in which local context (Hawaii is one of the bluest of blue states, in which the local Democratic primary usually chooses a given election’s winner) influences broader constitutional debates.
Here’s how it works. In order to buy a gun legally in Hawaii, you must be at least 21 years old (most states set the bar at 18) and a U.S. citizen. You cannot have committed a felony or any crime punishable by more than 1 year in prison, any crime of violence, a criminal offense relating to firearms, or the illegal sale or distribution of any drug.
You then start the process at one of the islands’ few gun shops by choosing your weapon—your upcoming permit applies only to this specific gun. You then go to the police for that “permit to purchase.” This application includes a signed affidavit from your healthcare provider, including any mental health providers, that you are not a danger to yourself or others. The cops demand from you a HIPAA waiver, and Hawaiian law protects health care providers from civil liability in connection with the information (potentially including prescriptions) they provide law enforcement. You are also required to take a gun safety course available through licensed gun dealers.
There is a local and national background check, one that requires your permission to include your fingerprints and ID information in the FBI’s Next Generation Identification (NGI) Noncriminal Justice Rap Back Service. With Rap Back, a notice will be sent to the Hawaiian PD if, for the rest of your life, you engage in any criminal activity. States not using Rap Back depend on you to self-report your own criminal activity, possibly years later. At present 11 states, including Hawaii, use the program.
There is a 14-day waiting period on all permits. After the 14-day waiting period the permit will be valid for only 26 calendar days. With the permit you can buy the gun, but still have to register it online or in some cases physically bring it to a police station for inspection and official registration. Keep in mind the law requires firearms be stored locked, unloaded, and separate from ammunition.
But don’t go too far with your new gun. As challenged in the upcoming Supreme Court case, Hawaii is also known for its restrictive policies regarding carrying firearms in public. For decades, the state functionally banned concealed or open carry by requiring applicants to show “exceptional” need, such as proof of specific threats to their safety, before a carry permit would be issued. Very few permits are granted, and Hawaii consistently is among the lowest rates of carry permits in the nation. Unique to Hawaii, the county police chief has the final authority and must personally sign off on all gun carry permits. The chief is named in the law as the issuing authority, and previous cases confirm the chief’s personal signature is required. Carry permits are issued only for handguns, and are prohibited for rifles and shotguns.
This comprehensive registration system allows law enforcement to maintain a record of nearly every firearm in the state, creating a government database that could be misused for confiscation or unwarranted surveillance.
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Because this policy raises serious constitutional concerns it has faced significant legal challenges, especially in light of recent Supreme Court decisions. In New York State Rifle & Pistol Association v. Bruen (2022), the Supreme Court established the Second Amendment protects the right to carry firearms in public for self-defense. Hawaii’s law, which presumes firearms are banned on private property unless expressly allowed, will now be tested against this precedent. In Bruen, the Court struck down New York’s “proper cause” requirement for carry permits, declaring it unconstitutional. Because Hawaii’s law was nearly identical, the ruling forced the state to revise its permitting process. As a result, Hawaii now issues more concealed carry permits. Yet across the entire state only 2,200 people hold a concealed carry license. By comparison, Florida has the most concealed carry permits, with 2.56 million. Alabama, Georgia, Indiana, Pennsylvania, and Texas all also have over a million permit holders each. The whole state of Hawaii has 1 million total residents.
Change in restrictive states seems likely. In addition to the New York Bruen case, which softened Hawaii’s carry laws, and the current Supreme Court challenge on private property carry, the Hawaii law prohibiting gun ownership between the ages of 18 and 20 is the subject of a 2024 lawsuit now moving forward. Plaintiffs filed in a U.S. Circuit Court a motion for summary judgment in the case, urging the court to find that Hawaii’s age limit on gun ownership violates the Second Amendment. Hawaii is the only state to have a complete ban on gun ownership for those 18–20.
The Supreme Court’s evolving interpretation of the Second Amendment means states’ restrictions face new legal scrutiny. The Court’s decision in the upcoming Wolford may clarify whether states can flip the presumption of carry rights on private property, setting a national precedent with implications far beyond Hawaii. The ruling will not only determine Hawaii’s future but may serve as a test case to redefine the limits of state authority over firearms nationwide, signaling how far local governments can go in restricting a constitutional right.
