Wolford v. Lopez

146 S. Ct. 2032 (2026)

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Wolford v. Lopez

United States Supreme Court
146 S. Ct. 2032 (2026)

  • Written by Jamie Milne, JD
Wolford v. Lopez

Facts

Hawaii had long restricted licenses to carry firearms to exceptional cases. After the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen held that the Second Amendment protected the right to carry handguns outside the home for self-defense, Hawaii changed its laws. The new laws allowed residents to obtain a license but required compliance with certain restrictions. One restriction prohibited licensed persons from carrying a firearm onto another’s private property open to the public without the property owner’s express consent. The law inverted the common-law default rule, under which persons lawfully carrying firearms could enter private property open to the public unless expressly prohibited. Jason Wolford, two other Maui residents with concealed-carry permits, and an organization with licensed-to-carry members (plaintiffs) sued Hawaii attorney general Anne Lopez (defendant), arguing that the restriction was unconstitutional. Lopez countered that the restriction was constitutional because (1) Hawaii historically imposed heavy restrictions on private firearm possession and (2) colonial and early state analogues prohibited carrying firearms onto another’s property without consent. The district court deemed the restriction unconstitutional and enjoined its enforcement. The Ninth Circuit reversed, and the Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Alito, J.)

Concurrence (Barrett, J.)

Dissent (Kagan, J.)

Dissent (Jackson, J.)

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