The Smerconish Podcast Gun Rights or Property Rights — You Decide
Jan 23, 2026
The discussion centers on the clash between gun rights and property rights, sparked by a pivotal Supreme Court case. Michael Smerconish delves into whether concealed-carry permit holders can bring firearms onto private property that’s publicly accessible. He shares insights into the justices' leanings, revealing a potential conflict with the Second Amendment. Key arguments highlight the balance between personal freedoms and property control. Listeners are encouraged to weigh in on the debate, determining which rights take precedence.
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Court Weighs Carry Rights Versus Owner Control
- The Supreme Court is weighing whether concealed-carry permit holders can carry on private property open to the public without owner permission.
- The case raises a broader conflict between Second Amendment rights and property-owner control.
Hawaii's Law Responded To NY Ruling
- Hawaii enacted the law after New York Rifle and Pistol Association struck down a restrictive public-carry licensing regime.
- The state made carrying on private property open to the public a misdemeanor without owner permission.
Conservative Justices Lean Toward Gun Owners
- Six Republican-appointed justices signaled sympathy for gun owners arguing Hawaii's law restricts licensed carriers.
- Justices suggested the law forces permit holders to obtain private permission even when entering public-facing spaces.