The U.S. Supreme Court has agreed to hear a case, Wolford v. Lopez, that could significantly impact the rights of gun owners in blue states by potentially restoring concealed carry rights. The case centers on Hawaii’s new law that criminalizes carrying firearms on private property without the owner’s written or verbal permission. The Justice Department, in a friend-of-the-court brief, has argued that the law is ‘blatantly unconstitutional’ and conflicts with the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which protected concealed carry rights. This case may have broad implications, especially for similar laws in other states like California, Maryland, and New York, where restrictions on public carry are also in place. A favorable ruling could represent a major victory for gun rights advocates and could potentially restore these rights for millions of law-abiding citizens.
The core issue in Wolford v. Lopez is ‘whether the Second Amendment allows states to make it unlawful for concealed-carry license-holders to carry firearms on private property open to the public without the property owner’s express authorization,’ according to a Justice Department brief filed with the Supreme Court. The Hawaii law, which was enacted after the Bruen decision, ‘effectively nullifies’ newly available concealed carry licenses, the Justice Department argues. The Department has criticized the law as a tactic to continue to limit lawful carrying despite the 2022 decision, which struck down strict permitting rules for concealed carry licenses in New York. David Katz, a former DEA agent and federal firearms instructor, stated that such laws are common in ‘anti-Second Amendment states’ and are an indirect way to restrict firearm access.
The case has already drawn significant attention from Republican lawmakers in blue states, including Irina Vernikov, a New York City councilwoman who was previously charged with unlawful possession of a firearm after bringing a licensed handgun to a pro-Israel rally in 2023 amid a spike in antisemitic hate crimes. Vernikov thanked Attorney General Pam Bondi for her intervention in the case, stating that it is time for states like New York to stop acting like ‘isolated nations’ that can ignore federal law and the Constitution. She emphasized the right of every law-abiding citizen to bear arms, particularly in areas like New York, where she claims Democrats have enabled the worst kind of criminals to walk the streets. The charges against Vernikov were ultimately dropped because the weapon in her waistband during the rally was not only not loaded but also had key components removed, making it inoperable.