Within weeks of the U.S. Supreme Court’s hearing oral arguments in Wolford v. Lopez, the Hawaii “vampire rule” litigation, Hawaii lawmakers are moving on legislation to find other ways to keep citizens’ Second Amendment rights effectively off-limits.
As explained in previous articles, Hawaii’s “vampire rule” bans licensed carry on almost all private property unless the person carrying has been given actual express authorization to carry a firearm on the property. State law also prohibits licensees from bringing a handgun onto many other types of property, such as government buildings, adjacent parks, and any establishment that serves alcohol.
“Essentially,” reported NRA-ILA, “Hawaii annulled the general right to publicly carry arms for self-defense through an overly aggressive ‘sensitive places’ designation and by imposing a legal presumption for private property that automatically defaults to ‘no carry.’”
Now a new bill, Senate Bill 3041 (“relating to public safety”) has been introduced by Sen. Chris Lee (D), and it has passed its first reading.
State lawmakers used discussion on the bill to voice opposition to the U.S. Supreme Court before the high court has even ruled (a decision is expected by June).
The preamble of S.B. 3041 even claims that the Court “made life more dangerous” for state residents with New York State Rifle & Pistol Association v. Bruen (2022) because the Court “allow[ed] lethal firearms and large knives in many places where there was previously no expectation they would be encountered by the public.”
To solve the alleged problem of citizens having Second Amendment-protected rights, S.B. 3041 would force businesses owners to “post a color-coded placard indicating whether the business or restaurant allows firearms or large knives to be brought onto the premises,” in a location “clearly visible to the general public and patrons entering the business or restaurant.”
This law would actually demand businesses use a “green placard” to indicate that they do not allow citizens to carry concealed. A red placard would indicate “that the business or restaurant allows firearms and large knives.” And, very oddly, a “yellow placard shall indicate that the business or restaurant allows either firearms or large knives to be brought onto the premises, but not both.” What?
Besides obvious Second Amendment implications, this poorly thought-out law would be open to a First Amendment challenge, as the right to expression includes a right to be free from compelled speech.
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