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Second Amendment Roundup: Supreme Court Decides Wolford

Aloha to Hawaii’s Vampire Rule on private property open to the public.

Stephen Halbrook | 6.25.2026 10:01 PM

On June 25, the Supreme Court decided Wolford v. Lopez, holding 6-3 that Hawaii may not "prohibit licensed concealed-carry permit holders from carrying handguns on private property open to the public unless the property owner gives express permission."  Justice Alito delivered the opinion of the Court, joined by Chief Justice Roberts and Justices Thomas, Gorsuch, Kavanaugh, and Barrett.  Justice Kagan dissented, as did Justice Jackson, joined by Justice Sotomayor.

The Court calls out both lower courts and states that have resisted its Second Amendment jurisprudence.  In the dozen years between McDonald and Bruen, "lower courts rejected nearly all Second Amendment claims based on reasoning that resembled that in Justice Breyer's Heller dissent."  "After Bruen, Hawaii and four of the other five States called out by our decision adopted a new method of restricting law-abiding citizens from carrying firearms for self-defense by flipping the default rule on private property open to the public."  They enacted what has become known as the "Vampire Rule," under which guns are banned on private property open to the public unless a "Guns Welcome" sign is posted or other affirmative consent is given.  As to such signage: "Some proprietors who do not themselves object to entry by carry-permit holders may be reluctant to post a sign welcoming such individuals for fear of alienating other customers."

The same states also enacted "sensitive place" bans in public parks, assemblies, and certain establishments.  As Wolford notes about Hawaii, "On a large portion of the land within the State's boundaries, possession of a firearm is now flatly prohibited."  While these absolute bans have been challenged, the Court's comments do not bode well for them should they reach the Court. (On the Second Circuit's false historical narrative in Antonyuk upholding New York's place bans, see my exposé here.)

To consider the overwhelming impact of Hawaii's Vampire Rule, the Court lists places that people routinely visit on a daily basis where they cannot be armed, such as gas stations,........

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