Docket 24-1046
Wolford v. Lopez
DecidedJun 25, 2026
6-3decision
Source: CourtListener.
Court strikes down Hawaii law requiring gun owners to get express permission before entering private businesses
What it does
The Court struck down Hawaii's law requiring licensed firearm carriers to obtain explicit permission from a property owner before entering any private property open to the public — such as gas stations, grocery stores, and restaurants — while armed. The ruling holds that this "express consent" requirement imposes an unconstitutional burden on the right to carry firearms for self-defense recognized in Bruen. States may not flip the traditional common-law default rule (which allowed entry unless specifically prohibited) in a way that severely restricts law-abiding permit holders from going about their daily lives while armed.
Who benefits
Licensed concealed-carry permit holders in Hawaii (and the four other states with similar laws) who wish to carry firearms in privately owned businesses and establishments open to the general public.
Who is affected
State legislatures in Hawaii, California, New Jersey, Maryland, and New York that enacted similar "express consent" default rules for firearms on private property open to the public, which are now constitutionally invalid under this ruling.
Practical impact
Licensed concealed-carry permit holders in Hawaii may now enter privately owned businesses and establishments open to the public while armed without first obtaining the owner's express permission, unless the owner posts a sign or otherwise explicitly prohibits firearms. The five states with nearly identical "express consent" laws — Hawaii, California, New Jersey, Maryland, and New York — will need to revise or repeal those provisions, as they are now constitutionally invalid. Private property owners who wish to exclude armed individuals must affirmatively communicate that prohibition rather than relying on a legal default that assumed no guns without permission.
Majority — Alito
Joined by: Roberts, Thomas, Gorsuch, Kavanaugh, Barrett
The majority held that Hawaii's law falls squarely within the Second Amendment's plain text — the permit holders are "the people," they seek to "bear" "arms," and the law restricts that bearing — making it presumptively unconstitutional. The Court then examined whether Hawaii could justify the law through historical analogues, and found it could not. The majority reasoned that the Second Amendment carries the same meaning in every state, so Hawaii's long local tradition of disfavoring firearms cannot shrink the scope of a national constitutional right. The historical laws Hawaii offered — mostly colonial-era anti-poaching statutes from Pennsylvania, New Jersey, Maryland, and New York — targeted unauthorized hunting on farmland and had nothing to do with the right of self-defense in everyday commercial settings like stores and restaurants; the gap between those laws and Hawaii's rule was too wide to support the analogy. The majority also rejected Hawaii's reliance on an 1865 Louisiana statute, finding it was part of that state's post-Civil War Black Codes designed to disarm Black people, making it both historically tainted and neither widespread nor widely accepted enough to carry any weight.
Dissent reasoning
Justice Jackson's dissent (joined by Justice Sotomayor) argued that this case is fundamentally about property law, not the Second Amendment, because no one has a constitutional right to enter private property — let alone while armed — without the owner's consent. The dissent contended that the form of that consent (implied vs. express) is a matter of state property law that the Second Amendment has never governed, and that Hawaii was simply exercising its traditional authority to set default property rules. The dissent also argued the majority misapplied the Bruen test at step one by stripping history out of the plain-text inquiry, effectively making any law that burdens carrying presumptively unconstitutional without requiring gun owners to show the conduct was actually protected at the founding. At step two, the dissent maintained that Hawaii's historical analogues — founding-era and Reconstruction-era laws requiring express consent before carrying firearms onto private property — were sufficiently similar in both "how" (a default rule requiring affirmative permission) and "why" (protecting property owners' rights and preventing harms from unauthorized armed entry) to uphold the law. Justice Kagan's separate dissent agreed with Justice Jackson's step-two analysis, concluding the historical analogues were close enough to sustain Hawaii's law without needing to resolve the step-one dispute or the use of the Louisiana Black Code.
Constitutional question
Does Hawaii's law — which prohibits licensed concealed-carry permit holders from bringing a firearm onto private property open to the public unless the property owner gives express, affirmative permission — violate the Second and Fourteenth Amendments?
Precedent changed
The ruling extends New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1 (2022), applying its historical-analogue framework to invalidate state laws that flip the common-law default rule on armed entry to private property open to the public.