Opinion Summary: Wolford v. Lopez | Permission Slip Flopped

Opinion Summary: Wolford v. Lopez | Permission Slip Flopped

June 29, 2026 · 14 min · Season 2025 · Episode 106

About this episode

The episode discusses the Supreme Court case Wolford v. Lopez regarding the legality of Hawaii's law requiring permission for licensed gun carriers to enter private businesses.

Wolford v. Lopez | Case No. 24-1046 | Docket Link: Here | Argued: January 20, 2026 | Decided: June 25, 2026 Overview: After Bruen recognized the right to public carry, Hawaii required licensed gun carriers to obtain express permission before entering any private business open to the public — reversing the common-law presumption of open entry for anyone, including armed citizens. Question Presented: Whether Hawaii may prohibit licensed carry permit holders from entering private commercial property while armed without the property owner's express permission. Posture: District court enjoined the law; Ninth Circuit reversed; Supreme Court granted certiorari. Main Arguments: Petitioner (Carry Permit Holders): (1) Hawaii's law burdens the daily exercise of Second Amendment rights by effectively banning carry on ninety-six percent of publicly accessible land; (2) No historical tradition justifies flipping the common-law default from implied permission to presumptive prohibition on property open to the public; (3) Hawaii's anti-poaching analogues targeted agricultural land and distinct hunting harms — not concealed carry in commercial establishments. Respondent (Hawaii): (1) The Second…

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Keywords

Mentioned in this episode

Organizations: Ninth Circuit, District court, Supreme Court

Books & works: Second Amendment

Places: Hawaii

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