The US Supreme Court on Thursday struck down a Hawaii law requiring licensed permit holders to obtain a property owner's express permission before carrying a firearm onto private property open to the...
Writing for the majority, Justice Samuel Alito held that Hawaii had flipped the common-law rule under which anyone, including those lawfully armed, may enter property held open to the public unless the owner withdraws consent. By requiring affirmative consent for firearms specifically, the Court reasoned, the state imposed a “new and significant burden” on permit holders, who would otherwise risk criminal liability merely by entering gas stations, restaurants, grocery stores and other everyday businesses without a posted welcome.
So, either we’re allowed to bring guns anywhere including federal buildings, or guns are only allowed to be blanket banned from buildings.
He said ‘Unless the owner withdraws consent’ that does not mean everywhere or nowhere. You dont have to look hard for honest critisicm of Roberts but pretending like hes saying there are no more gun free zones isn’t helping, its misinformation.
The undue burden was finding the owner and asking him, not putting the gun away. If the place has posted rules about not allowing guns, then it is still a gun free zone. That has not changed and is stated in the article. If an owner verbally says its a gun free zone then you still have to comply as well. Its the same way you cannot get in trouble for tresspassing places where there are no signs posted, but if asked to leave upon being informed you are indeed tresspassing, you still have to leave. This is what Roberts means when he mentions the owner withdrawing consent. This ruling is fairly consistent with the precedents set throughout US law. It simply says you’re allowed to be there until someone makes it know to you that your are not, instead lf having to assume you are allowed nowhere.
So, either we’re allowed to bring guns anywhere including federal buildings, or guns are only allowed to be blanket banned from buildings.
He said ‘Unless the owner withdraws consent’ that does not mean everywhere or nowhere. You dont have to look hard for honest critisicm of Roberts but pretending like hes saying there are no more gun free zones isn’t helping, its misinformation.
The Hawaiian law was withdrawal of consent though.
Gun owner: “Can I be here with my gun?”
Business owner: “No, weapons aren’t allowed here. Leave it in your vehicle.”
Roberts: “UNDUE BURDEN”
The undue burden was finding the owner and asking him, not putting the gun away. If the place has posted rules about not allowing guns, then it is still a gun free zone. That has not changed and is stated in the article. If an owner verbally says its a gun free zone then you still have to comply as well. Its the same way you cannot get in trouble for tresspassing places where there are no signs posted, but if asked to leave upon being informed you are indeed tresspassing, you still have to leave. This is what Roberts means when he mentions the owner withdrawing consent. This ruling is fairly consistent with the precedents set throughout US law. It simply says you’re allowed to be there until someone makes it know to you that your are not, instead lf having to assume you are allowed nowhere.