Gun owners may carry firearms in stores, Supreme Court rules, striking down California law
WASHINGTON – Licensed gun owners have the right to carry a concealed firearm in stores and other private places unless the gun owner objects, the Supreme Court ruled Thursday.
The 6-3 decision expanded gun rights and passed laws in Hawaii, California, New York, New Jersey and Maryland.
Those measures would prohibit carrying firearms on private property open to the public unless the owner has expressly authorized them.
“This regime is abrogating what is protected by the 2nd Amendment: the right of the American people to bear arms for self-defense as they go about their daily lives. We believe the law is unconstitutional,” said Justice Samuel A. Alito Jr. in court.
The new laws, if upheld, would “impose severe restrictions on the daily activities of residents who have satisfied the state's rigorous requirements for the issuance of a carry permit. When these permit holders leave home in the morning, … they may also be barred from entering many places that people routinely visit in the course of their daily routines, such as gas stations, convenience stores, restaurants, coffee shops, drug stores, grocery stores, 'big box' stores, stores for home improvement, barbershops, hair salons and dry cleaners.”
The three leaders objected, saying the law violated human rights.
Trump's lawyers joined a coalition of Hawaii gun owners in lobbying the court to strike down the blue state's laws in Wolford vs. Lopez.
They said the laws, if implemented, would mean that “a person who carries a gun for self-defense commits a crime by entering a shopping mall, gas station, grocery store, supermarket, restaurant or coffee shop.”
The trial is part of a broader debate about where guns should be allowed or banned.
Four years ago, the justices ruled that law-abiding people have the right to obtain a permit to carry a concealed handgun when they leave home. They also agreed that there are “sensitive places” where guns can be banned, such as schools, courthouses and other government buildings.
In response, lawmakers in California and Hawaii adopted their own lists of “critical areas.” They restrict concealed weapons in parks, beaches, playgrounds, places of worship and public transportation as well as bars and restaurants that serve alcohol.
Gun owners sued but the 9th Circuit Court refused to block most of those restrictions in one 83-page opinion covering Hawaii and California. Both states will prohibit carrying firearms on private property open to the public without the owner's permission.
The 9th Circuit upheld that measure as a matter of law, but said California went too far by requiring the owner to post a prominent sign authorizing firearms.
“While today's decision in Wolford is disappointing, owners still have every right to decide whether guns are allowed in their stores and businesses,” said Janet Carter, managing director of Second Amendment Litigation at Everytown Law. “The Supreme Court may have changed the default law, but it cannot deprive a private landowner of his authority over his land.”
