Episode
Opinion Summary: Wolford v. Lopez | Permission Slip Flopped
- Podcast
- The High Court Report
- Published
- Jun 29, 2026
- Duration seconds
- 836
- Processing state
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Summary
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 Amendment never protected armed entry onto private property without consent — the form of that consent belongs to state property law; (2) Colonial anti-poaching laws and Reconstruction-era statutes support a tradition of requiring affirmative consent for armed carry onto private property; (3) Hawaii's law vindicates property owners' right to exclude by requiring armed visitors to seek express permission before entry. Holding: Hawaii's law prohibiting licensed concealed-carry permit holders from carrying handguns on private property open to the public without the property owner's express authoriz…