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Supreme Court Strikes Down Hawaii’s Concealed-Carry Property-Permission Law

The Supreme Court ruled 6-3 in Wolford v. Lopez that Hawaii's concealed-carry property-permission requirement is unconstitutional, threatening similar laws across the country.

JUN 25, 2026 · WASHINGTON, DC, UNITED STATES · WOLFORD V. LOPEZ

The Supreme Court struck down Hawaii's requirement that concealed-carry permit holders obtain explicit permission from property owners before entering private property open to the public, ruling 6-3 that the law violated the Second Amendment [1]. Justice Samuel Alito authored the majority opinion, holding that the permission regime made lawful concealed carry practically impossible across the state [1]. The decision invalidates comparable property-owner veto schemes in other states that have enacted similar restrictions [1].

The case, *Wolford v. Lopez*, reached the Court after lower courts split on whether Hawaii's law survived the historical-tradition test the Court established in *New York State Rifle & Pistol Association v. Bruen* in 2022 [1]. The ruling fell along ideological lines, with the Court's six-member conservative bloc in the majority and the three liberal justices, including Justices Sonia Sotomayor and Ketanji Brown Jackson, in dissent [1]. The Court resolved a live circuit conflict over how far states may go in structuring, rather than outright prohibiting, concealed carry in densely populated commercial spaces [2].

The substantive significance of the ruling lies in how far it extends *Bruen*. Prior Second Amendment decisions addressed categorical bans or licensing prerequisites. *Wolford* targets a more granular regulatory mechanism: a default-deny rule applied at the property level that, in practice, forecloses carrying in nearly every commercial or public-facing private space without an affirmative opt-in from each landowner [1]. Alito's majority treated that cumulative burden as functionally equivalent to a ban, a doctrinal move that constrains how states may design carry restrictions going forward [1]. States that have adopted similar opt-in frameworks, including provisions tied to posted-notice requirements, now face direct constitutional exposure [2].

The immediate downstream effect falls on Hawaii, which must revise or repeal the invalidated provision, and on state legislatures that modeled analogous rules on the Hawaii framework [2]. Advocacy groups on both sides have signaled pending challenges in multiple jurisdictions, and legal observers expect the ruling to drive a new wave of Second Amendment litigation focused on default-deny commercial-space restrictions and sensitive-place designations left unresolved by *Bruen* and *Rahimi* [1]. The Court's next term will likely confront at least one of those follow-on questions [2].

References

[1]The Conversation. (2026, June 25). In 2 landmark decisions, the Supreme Court expands gun rights for concealed carry holders and casual drug users. https://theconversation.com/in-2-landmark-decisions-the-supreme-court-expands-gun-rights-for-concealed-carry-holders-and-casual-drug-users-286230
[2]U.S. News. (2026, June 30). Here Are the Major Cases the Supreme Court Decided This Term. https://www.usnews.com/news/national-news/articles/8-major-supreme-court-cases-being-decided-this-summer-heres-where-they-stand

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