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Supreme Court will decide if gun owners have a right to carry in parks, beaches, stores

David G. Savage, Los Angeles Times on

Published in News & Features

WASHINGTON — The Supreme Court agreed Friday to decide if licensed guns owners have a right to carry their weapons at public places, including parks, beaches and stores.

At issue are laws in California, Hawaii and three other states that generally prohibit carrying guns on private or public property.

Three years ago, Supreme Court ruled that law-abiding gun owners had a Second Amendment right to obtain a permit to carry a concealed weapon when they leave home.

But the justices left open the question of whether states and cities could prohibit the carrying of guns in "sensitive locations," and if so, where.

In response, California enacted a strict law that forbids gun owners from carrying their firearm in most public or private places that are open to the public unless the owner posted a sign permitting such weapons.

The 9th Circuit Court of Appeals struck down that provision last year as going too far, but it upheld most of a Hawaii law that restricted the carrying of guns at public places and most private businesses that are open to the public.

Gun rights advocates appealed to the Supreme Court and urged the justices to rule that such restrictions on carrying concealed weapons violate the Second Amendment.

 

The court agreed to hear the case early next year.

Trump administration lawyers urged the justices to strike down the Hawaii law.

It "functions as a near-complete ban on public carry. A person carrying a handgun for self-defense commits a crime by entering a mall, a gas station, a convenience store, a supermarket, a restaurant, a coffee shop, or even a parking lot," said Solicitor General D. John Sauer.

Gun control advocates said Hawaii had enacted a "common sense law that prohibits carrying firearms on others' private property open to the public."

"The 9th Circuit was absolutely right to say it's constitutional to prohibit guns on private property unless the owner says they want guns there," said Janet Carter, managing director of Second Amendment Litigation, at Everytown Law. "This law respects people's right to be safe on their own property, and we urge the Supreme Court to uphold it."

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