Supreme Court reviews Hawaii’s so-called ‘vampire rule’ for gun owners
The Supreme Court on Tuesday is considering a challenge to Hawaii’s gun restriction known as the “vampire rule,” named for the requirement that people carrying firearms must obtain permission before entering certain private properties—similar to how vampires in folklore and Bram Stoker’s Dracula must be invited inside.
The court will decide whether the 2023 law, part of a broader set of gun regulations, violates the Second Amendment, which guarantees the right to bear arms. Hawaii is among a handful of states, including New York, New Jersey, Maryland, and California, that limit where permit holders can carry guns on private properties open to the public, such as stores, gas stations, and restaurants. Violating the rule can result in up to a year in prison.
The law was challenged by three Maui residents with concealed carry permits—Jason Wolford, Alison Wolford, and Atom Kasprzycki—along with the Hawaii Firearms Coalition. The Trump administration has submitted a brief supporting the challengers. A federal judge initially blocked the private property provision, but the San Francisco-based 9th U.S. Circuit Court of Appeals reversed that decision in September 2024.
Gun rights supporters argue the rule undermines the right to carry firearms in public, a right affirmed by the Supreme Court in a 2022 ruling extending Second Amendment protections beyond the home. “Hawaii’s intent to eliminate the right to carry is both self-evident and illegitimate,” the challengers’ lawyers wrote.
State officials and gun control advocates counter that the law protects private property rights, which are also a constitutional cornerstone. “Since our founding as a nation, private property rights have been foundational to American identity,” said Douglas Letter, legal chief at the gun control group Brady.
The case comes amid a wave of new gun laws and legal challenges following the 2022 Supreme Court decision. In 2024, the court upheld a federal law barring firearms possession by individuals subject to domestic violence restraining orders, showing a potential narrowing of Second Amendment interpretations. Another gun case concerning restrictions on drug users’ firearm possession is scheduled for March.
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