Supreme Court Strikes Down Hawaii Gun Law In Second Amendment Ruling

Supreme Court Releases Opinions

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The U.S. Supreme Court handed a major victory to concealed carry permit holders on Thursday (June 25), ruling 6-3 against Hawaii’s law that required property owners’ express permission for licensed gun owners to bring firearms onto private property open to the public. The decision, issued in the case of Wolford v. Lopez, marks a significant clarification of Second Amendment rights, especially in states with stricter gun control laws.

The law at issue, known as Act 52, was adopted by Hawaii in 2023 after the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen. Act 52 made it illegal for concealed carry permit holders to bring firearms onto private property open to the public—such as stores, restaurants, or parking lots—unless the owner had clearly and affirmatively allowed it.

Plaintiffs Jason Wolford, Alison Wolford, Atom Kasprzycki, and the Hawaii Firearms Coalition challenged the law, arguing it made it nearly impossible for lawful gun owners to exercise their right to carry firearms in public life. The state, represented by Attorney General Anne E. Lopez, countered that the law protected private property owners’ rights to set rules on their premises while supporting public safety.

The Supreme Court majority, led by Justice Samuel Alito, agreed with the plaintiffs, stating that Hawaii’s law violated the Second and Fourteenth Amendments by effectively turning much of public life into a gun-free zone unless property owners explicitly allowed firearms. The ruling cited the Court’s previous decision in Bruen, emphasizing that restrictions on gun rights must be consistent with the nation’s historical tradition of firearm regulation. The majority found Hawaii’s rule “without historical support.”

Dissenting justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson sided with Hawaii, arguing that property owners have a longstanding right to control what happens on their property, even if it is open to the public.

The decision reverses a Ninth Circuit ruling that had upheld Hawaii’s default ban on firearms in public-facing private property, unless owners gave permission. The Supreme Court’s ruling now prevents states from broadly prohibiting permitted gun owners from carrying firearms in most public businesses without the express consent of property owners.

Looking ahead, this decision is expected to influence similar laws in other states and shape ongoing debates over the scope of public-carry rights under the Second Amendment. Legal analysts and lawmakers are watching closely for how lower courts and state legislatures will respond to the Supreme Court’s latest guidance on gun regulation.