The nation’s top court appeared doubtful that the Aloha State’s expansive gun-carry ban is compatible with the Second Amendment.
On Tuesday, the Supreme Court of the United States (SCOTUS) held oral arguments in Wolford v. Lopez. That’s the case that challenges Hawaii’s law that reverses the typical presumption and requires those with concealed carry permits to obtain permission from owners before carrying on publicly accessible private property. While the three Democratic appointees seemed convinced of the law’s validity, the six Republican appointees appeared to be highly skeptical of it.
“Mr. Katyal, you’re just relegating the Second Amendment to second-class status,” Justice Samuel Alito said to Hawaii’s lead counsel Neal Katyal. “I don’t see how you can get away from that.”
The outcome of the case will have a significant impact on where people can legally carry firearms, not just in Hawaii, where plaintiffs claim the rule helps make more than 95 percent off limits, but also in the half dozen other states that have either passed or considered similar laws since SCOTUS handed down 2022’s New York State Rifle and Pistol Association v. Bruen. As with Bruen, which greatly expanded the issuance of concealed carry permits, Wolford has the potential to substantially change Second Amendment jurisprudence by further refining the history-and-tradition test SCOTUS set forth in that case. What the majority decides could implicate rules for where licensed carriers can take their guns and for what kinds of restrictions governments can place on the keeping and bearing of arms.
By Stephen Gutowski

