Topline
The Supreme Court could strike down Hawaii’s law that bans concealed firearms on private property when the owner doesn’t expressly allow it, justices signaled during oral arguments Tuesday, potentially marking the court’s latest rollback of gun control laws as its conservative justices have repeatedly bolstered the Second Amendment.
Gun safety advocates rally in front of the U.S. Supreme Court on December 2, 2019 in Washington, DC.
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Key Facts
Justices heard oral arguments Tuesday in Wolford v. Lopez, a case over the legality of Hawaii’s so-called Vampire Rule that bars people from carrying concealed handguns on private property that’s open to the public, unless the property owner grants permission.
Gun rights advocates challenged the law, arguing it infringes on their Second Amendment rights and that a previous Supreme Court ruling—which says any gun restrictions must be in line with historical tradition and how firearms were regulated during the U.S.’ founding—should nullify Hawaii’s law.
Key conservative justices on the court signaled they were wary of Hawaii’s law and its legality, with Justice Brett Kavanaugh saying he “just [didn’t] see the kind of broad tradition here” that’s required for a gun control law to be permissible.
Chief Justice John Roberts told attorney Neil Katyal, who was arguing for Hawaii, that the state “has to come to grips with” the Second Amendment being “a very clear constitutional right,” while Justice Samuel Alito told Katyal his legal arguments were “relegating the Second Amendment to second class status.”
It ultimately remains unclear how the court will rule, however, until the final decision comes out.
What To Watch For
The court will issue its opinion likely in a few months, sometime before its term ends in late June.
What Other States Could This Ruling Impact?
California, Maryland, New York and New Jersey have passed similar laws to Hawaii’s policy, which could also be affected by any ruling in the Hawaii case.
Contra
While justices appeared skeptical of Hawaii’s law, they also questioned the assertion made by attorney Alan Beck, who argued for the gun owners, that people can go on private property when not expressly allowed. Roberts questioned Beck about whether people have the right to go to a gas station on the side of a road without permission, even if it’s private property. Justice Amy Coney Barrett also asked Beck whether Hawaii could pass a law restricting guns on private property that isn’t open to the public—like people’s homes—unless expressly authorized. When the attorney responded that such a law would be illegal, Barrett responded, “Really?”
Key Background
Wolford v. Lopez is the latest in a series of major gun cases the Supreme Court has considered in recent years. The court issued a landmark ruling in 2022 with its decision in New York State Rifle & Pistol Association v. Bruen, which broadly paved the way for gun restrictions to be struck down by ruling that any firearms laws must be based in historical tradition. While that ruling led to gun rules being rolled back nationwide, justices have gone on to clarify in subsequent decisions that there are still cases where guns can be restricted, upholding restrictions on domestic abusers owning guns as well as the Biden administration’s ban on “ghost guns” that can be assembled at home. It has still also ruled in favor of gun rights, such as by striking down restrictions on “bump stocks” that allow firearms to function like automatic weapons. The Hawaii case is one of at least two major disputes over gun control laws that the Supreme Court is set to decide this term, as justices will hear oral arguments in March over whether drug users can possess firearms.
Further Reading
Source: https://www.forbes.com/sites/alisondurkee/2026/01/20/supreme-court-suggests-it-will-allow-concealed-guns-on-some-private-property-without-owners-direct-permission/
