Will Baude

Then California said, well, that's okay.

The good people of California will give you a right to a leaflet in shopping malls.

And the shopping mall said, that's a taking and or compelled speech.

And the speaker said, no, this is just something where the state can go either way.

So similarly, there's been some scholarship about the right to keep and bear arms, arguing that the right to bear arms includes the right – implies the right not to bear arms.

And that implies that property owners should have a right to not allow any arms bearing on their property, like a Second Amendment right, the same way there's a First Amendment right, not to have live free or die on your license plate and not to have Ayn Rand stickers or whatever on your laptop.

I don't know why you wouldn't want them.

No, I have an Ayn Rand pin.

I went with the Chief Justice Roberts pin today, but I have an Ayn Rand pin.

Does every justice have a pin?

I won it in a trivia competition.

I'm very proud of it.

Thank you.

Anyway, so I think we don't know that's at the default.

So to back up to what Hawaii has done, Hawaii took the default rule that property owners can say no guns and said, we're just going to assume that all private property is no guns unless the property owner says guns, guns allowed.

So if you walk around Chicago, there are a ton of these like no guns allowed in the movie theater, no guns allowed in this establishment signs.

So Chicago has the ordinary default.

But Hawaii decided to flip the default to say you can't take your gun to any –

piece of private property, unless you get the affirmative consent of the owner.

Either with a sign or I think you are allowed, there's some dispute about this at the argument, I think if there's no sign, you are allowed to go onto the property, maybe even with your gun for a minute, to say, hey, I'd like to get gas at your gas station, do you mind if I bring my gun or something?