Gun rights on private property debated at Supreme Court
The Supreme Court's conservative majority raised tough questions Tuesday over a state law that requires a property owner's explicit permission before lawful gun owners can bring their firearms into private...
By Fox News · Fox News
The Supreme Court's conservative majority raised tough questions Tuesday over a state law that requires a property owner's explicit permission before lawful gun owners can bring their firearms into private businesses generally open to the public, like shopping malls. In spirited courtroom oral arguments, the question came down to whether property rights trumped gun rights, and how those rights interact. At issue is a challenge to a Hawaii statute -- similar to four other states -- that requires those with a concealed-carry license get express approval -- verbally or through an openly displayed sign -- before bringing a gun into public spaces like stores, hotels, and gas stations. SUPREME COURT WILL CONSIDER CASE ON SECOND AMENDMENT RIGHTS OF DRUG USERS A group of gun owners in Maui are challenging those default rules, arguing the law improperly makes it a crime to bear arms even where the owner of property accessible to the public is merely silent. They refer to these laws as "vampire rules," a nod to the Dracula legend, who could not enter a room without being invited. But Hawaii officials told the high court the restrictions balance gun and property rights, citing a long tradition in the Aloha State of limiting all kinds of dangerous weapons, dating back to when it was a monarchy. The government said a gun-free environment should be the default presumption for Hawaii businesses, and no constitutional right exists to assume every invitation to enter private property includes an invitation to bring a gun. Those conflicting positions on "implied consent" in retail establishments brought strong comments from the bench. "You're just relegating the Second Amendment to second-class status," said Justice Samuel Alito. "I don't see how you can get away from that." But Justice Sonia Sotomayor countered, "Is there a constitutional right to enter private property with a gun without an owner's express or implicit consent? The answer has to be simply no." NRA SUES CALIFORNIA O…