Licensed gun owners have a right to carry a concealed firearm into stores and other private places unless the owner objects, the Supreme Court ruled Thursday. The 6-3 decision extends gun rights and strikes down laws in Hawaii, California, New York, New Jersey and Maryland.
The Status of Concealed Carry Laws
Those measures would prohibit carrying guns onto private property that is open to the public unless the owner has expressly authorized them. “This regime hobbles what the 2nd Amendment protects: the right of Americans to carry arms for self-defense as they go about their daily lives. We hold that the law is unconstitutional,” Justice Samuel A. Alito Jr. said for the court.
Following the decision, the Court noted that the laws 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.”
How Courts Are Handling Sensitive Places
The legal conflict centers on whether a state can dictate firearm policies on private property that is open to the public. The 9th Circuit Court of Appeals had refused to block most of the restrictions in a single 83-page opinion covering Hawaii and California, but the Supreme Court decision in Wolford vs. Lopez struck down those measures.
The distinction between public and private property remains a critical friction point:
- State Authority: States argue they have a compelling interest in public safety and can restrict firearms in locations where large numbers of people gather.
- Property Rights: Opponents of these restrictions argue that private business owners, not the state, should determine whether firearms are permitted on their premises.
The Role of Private Property Owners
Regardless of state-level carry permit laws, private property owners generally retain the right to set their own policies regarding firearms on their premises. According to Janet Carter, managing director of Second Amendment Litigation at Everytown Law, “The Supreme Court may have changed the default rule, but it cannot take away a private property owner’s authority over their own land.”
Recent Developments in Gun Litigation
The Supreme Court continues to refine its Second Amendment jurisprudence. Last week, the court upheld gun rights in a Texas case and said the government may not make it a crime for an “unlawful user” of a drug such as marijuana to own a gun.
As of today, the Supreme Court has ruled that licensed gun owners have a right to carry a concealed firearm into stores and other private places unless the owner objects.