Supreme Court Review Could Alter Hawaii Business Security Protocols and Property Rights

Executive Brief

A pending Supreme Court hearing on the constitutionality of prohibiting handgun carry on private property could redefine firearm regulations and impact security measures for Hawaii businesses. The outcome on January 20th requires businesses to monitor potential shifts in legal obligations and security planning.

• Small Business Operators & Tourism Operators: May need to review and potentially adjust security protocols and assess risks related to employee and customer safety.
• Real Estate Owners: Could face implications for property management and liability concerning firearm possession on their premises.
• Investors: Should consider the evolving regulatory landscape for insured assets and operational risk.
• Action: Monitor the Supreme Court's ruling and prepare to update security policies.

The Change

On January 20, 2026, the U.S. Supreme Court will hear oral arguments in the case of Wolford v. Lopez. This case centers on the constitutionality of a law that criminalizes the carrying of a handgun on private property. While the specifics of Hawaii's law and the case's impact are still to be determined by the Court's ruling, the potential for a significant shift in established firearm regulations means businesses across the state must pay close attention.

This legal challenge could reshape how private property rights intersect with Second Amendment considerations, potentially affecting security measures, insurance liabilities, and operational policies for businesses statewide.

Who's Affected

Small Business Operators

Businesses such as restaurants, retail stores, and service providers often operate with varying degrees of security. A ruling that modifies longstanding prohibitions on handgun carry on private property could necessitate a reassessment of existing security protocols. This could involve increased investment in security personnel, surveillance systems, or revised employee training to address potential new risks, thereby impacting operating costs.

Real Estate Owners

Property owners, developers, and landlords hold responsibility for the safety and security of their tenants and patrons. The Supreme Court's decision may clarify or alter the extent to which they can regulate or are liable for firearm possession on their private premises. This could influence lease agreements, property management policies, and the overall value or desirability of commercial and residential properties.

Investors

For investors, both in real estate and businesses, this case presents a potential shift in the risk landscape. Changes in firearm regulations could affect insurance premiums, property valuations, and the operational stability of businesses that rely on a secure environment for their customers and staff. Investors will need to factor these evolving legal and security considerations into their portfolio risk assessments.

Tourism Operators

Hospitals, hotels, vacation rental agencies, and tour companies operate in public-facing environments where the perception and reality of safety are paramount. A ruling impacting handgun carry on private property could lead to a need for revised security strategies to ensure the comfort and safety of tourists, potentially influencing operational costs and customer confidence.

Second-Order Effects

A broad interpretation by the Supreme Court could lead to increased demand for private security services, potentially driving up costs for businesses and property owners. This, in turn, could affect the overall cost of doing business in Hawaii, potentially impacting consumer prices or margins. Furthermore, any perceived changes in safety could influence tourism demand, a critical sector for the state's economy. For real estate owners, fluctuating liability concerns might impact property insurance rates and availability.

What to Do

Action: Monitor the Supreme Court's ruling on Wolford v. Lopez and prepare to update security policies and liability assessments accordingly.

Action Details: Businesses should track the Supreme Court's decision, expected by late June 2026, though oral arguments are scheduled for January 20, 2026. Following the ruling, review current security protocols, employee guidelines, and property management policies. Consult with legal counsel and insurance providers to understand new obligations and potential liabilities related to firearm possession on private business property. Be prepared to implement revised security measures or update signage regarding property use as advised by legal counsel. For tourism operators, consider how any changes might impact guest perception and safety communication.