The US Court of Appeals for the Ninth Circuit has partially reinstated firearm carry restrictions in Hawaii and California, maintaining certain limitations on carrying firearms in “sensitive places” while allowing carry in others. This ruling follows legal challenges to these states’ 2023 firearm regulations, which were initially blocked by district courts.
The Ninth Circuit’s decision clarifies the scope of the restrictions after the district courts’ temporary injunctions.
The court’s ruling allows for nuanced enforcement of these laws, balancing Second Amendment rights with public safety concerns.
Key Points of the Ruling:
- Hawaii:
- Prohibited Areas: Firearm carry is banned in bars and restaurants that serve alcohol, at beaches, parks, and similar areas, and in parking lots adjacent to these locations. Carrying firearms onto private property without consent is also prohibited.
- Permitted Areas: Gun owners may carry firearms in financial institutions, adjacent parking lots, and shared parking lots connected to government and non-government buildings.
- California:
- Prohibited Areas: Firearm carry is banned in bars and restaurants serving alcohol, playgrounds, youth centers, parks, athletic areas, casinos, stadiums, public libraries, amusement parks, museums, and their associated parking areas.
- Blocked Areas: Enforcement of California’s restrictions is blocked in hospitals, public transit, permitted gatherings, and financial institutions.
Judge Susan Graber, writing for the unanimous court, noted that the different outcomes in Hawaii and California stem from the 2022 US Supreme Court decision in New York State Rifle & Pistol Association v. Bruen.
This ruling requires modern firearm regulations to find a “historical analogue” to justify restrictions, meaning that areas without a relevant historical basis may be presumed to have Second Amendment protections.
