Wolford v. Lopez was argued before the Supreme Court this Tuesday. This case challenges Hawaii’s “Vampire Rule,” which makes it a crime for licensed concealed-carry permit holders to bring a handgun onto private property open to the public (e.g., stores, restaurants, etc.) without the owner’s explicit permission. Hawaii essentially inverted the default to “no guns allowed” unless the owner affirmatively consents.
Advertisement
In case you missed it, here are the weakest, most strained, or outright comical arguments advanced by Hawaii’s counsel (Neal Katyal) and the most problematic questions/comments from Justices Sotomayor, Jackson, and Kagan.
1) Willfully conflating private property open to the public with all private property.
The case is specifically about private property open to the public, but Justice Elena Kagan conflated it with enclosed private property; at several moments during oral arguments, she referenced anti-poaching laws applicable to enclosed private property as “analogous” to the law in question.
By Ranjit Singh

