Hawaii Businesses Should Prepare for Potential Shifts in Firearms Regulations

Executive Brief

A pending Supreme Court decision could lead to rapid legislative changes on firearm access, impacting business security and operational policies. Businesses should establish protocols for firearm policies and monitor legislative updates.

• Restaurant operators: May need to update or implement clear workplace firearm policies.

• Real estate owners: Property access rules and security measures may require review.

• Tourism operators: Guest and staff safety protocols related to firearms might need adjustment.

• Action: Develop a provisional firearm policy and monitor legislative sessions.

The Change

The legal landscape surrounding firearms in Hawaii is poised for potential significant shifts, contingent on an anticipated Supreme Court of the United States (SCOTUS) ruling. Hawaii's current law requires individuals with concealed-carry permits to obtain specific permission before carrying firearms onto private property that is open to the public. If SCOTUS overturns or significantly modifies precedents that uphold such state-level regulations, the Hawaii Legislature may feel compelled to enact new, potentially stricter, laws to maintain public safety and control over firearm access on private property. The urgency stems from the desire of lawmakers to have an "alternate move ready to adopt" in anticipation of SCOTUS's decision, suggesting a swift legislative response could follow any unfavorable ruling. While no specific new laws have been passed, the proactive stance indicated by the legislature signals a readiness to act quickly.

Who's Affected

Small Business Operators

Businesses, particularly those in retail, hospitality, and service industries that operate in spaces open to the public, will need to consider how potential changes in firearms law might affect their security protocols and liability. If new laws are enacted, businesses may face increased pressure or new requirements to either explicitly permit or prohibit firearms on their premises. This could necessitate updates to employee handbooks, customer signage, and potentially increase security staff or measures to enforce policies. For instance, a restaurant owner who currently has no explicit policy on firearms may need to decide whether to allow or ban them, and understand the legal ramifications of either choice. This could also impact insurance premiums and the cost of doing business.

Real Estate Owners

Property owners, landlords, and property managers will be directly impacted by any legislative changes. The ability to control firearm presence on their properties, especially in common areas or leased spaces accessible to the public, will be subject to new regulations. This could include updating lease agreements, posting new signage, and coordinating with tenants to ensure compliance. For commercial properties with multiple tenants or public-facing amenities, establishing a clear and legally sound firearm policy compliant with any new state laws will be paramount to managing risk and ensuring the safety of all occupants and visitors.

Tourism Operators

Hotels, vacation rental providers, tour operators, and other hospitality businesses must consider the implications for guest and employee safety. If access to firearms on private property becomes more restricted or more permissive, it could alter security considerations and the perception of safety for visitors. Businesses may need to revise their safety protocols, train staff on how to respond to incidents involving firearms, and clearly communicate their policies to guests. The potential for increased, or decreased, firearm presence could affect the overall guest experience and operational risk profiles.

Second-Order Effects

Potential new regulations on firearms could cascade through Hawaii's unique economic ecosystem. Stricter laws requiring businesses to enforce firearm bans or implement enhanced security measures could increase operational costs for small businesses already operating on thin margins. This could lead to higher prices for goods and services, further impacting the cost of living for residents and potentially making Hawaii less attractive for tourists seeking affordable destinations. Conversely, if laws become more permissive and lead to increased firearm presence without adequate business-side controls, it could negatively impact the perception of safety, potentially deterring tourism and affecting the visitor experience.

What to Do

Given the potential for rapid legislative action following a SCOTUS ruling, businesses in Hawaii should adopt a proactive stance. WATCH is the recommended action level. Key indicators to monitor include the SCOTUS decision timeline and pronouncements from the Hawaii State Legislature regarding their preparedness for new firearm legislation.

Action Details:

Small business operators should begin drafting or reviewing internal policies regarding firearms on their premises, considering liability and enforceability. Real estate owners should consult with legal counsel to understand how potential changes might affect property rights and responsibilities concerning firearms. Tourism operators should assess current security measures and guest communication strategies related to safety and firearms. Monitor legislative committee meetings and news releases from the Hawaii State Legislature for any proposed bills or discussions on firearms. If legislation is introduced that requires specific business actions (e.g., mandatory signage, specific prohibitions/permissions), be prepared to implement those changes within the dictated timeframe, which could be as short as 30-60 days after a bill is signed into law.