Will Baude

In the same way that would be true of a lot of minority viewpoints, you know, minority political views.

I don't know if that's the design of the law.

The defenders of the law might also just say, look, we took a poll and most people don't want guns on their property.

So the default rule should be the thing that matches most people's preferences.

And in Hawaii, people don't like guns and they don't want guns around.

And so, sure, if you want to, you can opt in.

But the default rule should be the thing that is the default for most people.

Right.

And I think both sides seem to agree on that framing somewhat.

I mean, actually, both sides seem to agree.

I think the way Hawaii put it is, you know, until a couple years ago, there just wasn't really a tradition of carrying guns in Hawaii at all.

So we just hadn't really thought about it either way.

And now for the first time, Supreme Court has told us that there has to now become a tradition of letting people carry guns in Hawaii.

Fine.

But we've got to figure out how to make that work.

Right.

Like, is it even, do we even get to, like, whatever the level of scrutiny or historical analysis is, or do we just not get there because it doesn't even implicate the right in the first place?

You're going to think I'm joking, but I once tried to write an article about this problem.

in the context of the First Amendment, right?

So there are some areas where when property and First Amendment law intersects, we say like, oh, there's real scrutiny here.