Gun Rights Attorney Reminds Sonia Sotomayor Hawaii Part Of United States

A gun rights attorney reminded Justice Sonia Sotomayor Tuesday that Hawaii is part of the United States, meaning it cannot defy the Second Amendment.

The Supreme Court heard oral arguments Tuesday in a challenge to a Hawaiian law banning firearms on private property without the express consent of the owner.

Sotomayor said she has “never seen” a constitutional right to carry a gun on private property.

There was no custom of carrying firearms in Hawaii for 200 years, Sotomayor noted, pointing out that 78 percent of Hawaii residents and 64 percent of Hawaii gun owners do not think loaded concealed weapons should be allowed in businesses.

“Hawaii is part of the United States,” gun rights advocate Alan Beck responded. “As part of the United States, our national tradition is that people are allowed to operate private property open to the public.”

Hawaii passed the law in response to the 2022 Supreme Court decision of New York State Rifle & Pistol Association v. Bruen, in which the majority found New York’s concealed carry restrictions unconstitutional. Five states have passed laws like Hawaii’s since that ruling, according to Neal Katyal, who represented Hawaii’s attorney general.

A view of the United States Supreme Court in Washington, DC, on January 9, 2026. (Photo by SAUL LOEB/AFP via Getty Images)

“Everyone agrees that there is a right to exploit private property if the owner wants guns on his property,” Katyal told the justices. “And everyone also agrees that no such right exists if the property owner does not want guns. The only question is whether there is a Second Amendment right to assume that the property owner wants guns on his property when he has remained silent. There is not.”

Justice John Roberts pressed Katyal to address concerns that his position views the Second Amendment as a “disfavored right,” noting that a political candidate would clearly have a First Amendment right to walk up to a door and ask for their vote.

“You’re saying it’s different when it comes to the Second Amendment,” he said. “What exactly is the basis of the distinction? »

Other conservative justices, including Justices Clarence Thomas and Samuel Alito, shared concerns that Hawaii was imposing limits on the Second Amendment that would not be imposed on others in private spaces open to the public.

“You’re just relegating the Second Amendment to second-class status,” Alito said. “I don’t see how you can get away with that.”

All content created by the Daily Caller News Foundation, an independent, nonpartisan news service, is available free to any legitimate news publisher capable of delivering a large audience. All republished articles must include our logo, our reporter’s byline and DCNF affiliation. For questions about our guidelines or our partnership, please contact licenses@dailycallernewsfoundation.org.