Wolfard v. Lopez

On November 24, 2025, the Liberty Justice Center filed an amicus brief in Wolfard v. Lopez. The case asks whether Hawaii may presumptively prohibit licensed concealed-carry holders from carrying handguns on privately owned property that is open to the public unless the property owner gives express permission.

The Ninth Circuit upheld Hawaii’s approach, while the Second Circuit has rejected a similar rule—creating a direct circuit split for the U.S. Supreme Court to resolve.

Hawaii’s law, principally Haw. Rev. Stat. §§ 134-9.1 and 134-9.5, designates a wide array of places as off-limits to public carry. This includes government buildings, hospitals and care facilities, schools and campus venues, beaches and parks, public transportation, financial institutions, bars and restaurants, libraries, museums and amusement venues, voting locations, and public gatherings. Beyond these “sensitive places,” the law flips the default for most other privately owned, publicly accessible property by banning carry unless the owner affirmatively authorizes it. In practice, this regime severely restricts public carry across much of the state.

The Liberty Justice Center’s brief argues that the Second and Fourteenth Amendments protect the right of ordinary, law-abiding citizens to carry handguns in public for self-defense. Under the Supreme Court’s text-and-history framework, when the Second Amendment’s plain text covers the conduct—here, public carry—the government must justify its restrictions by demonstrating consistency with the Nation’s historical tradition of firearm regulation. The brief explains that Hawaii’s sweeping prohibitions effectively confine meaningful Second Amendment protection to the home, contrary to precedent.

“Hawaii’s law must fail. Otherwise, the Second Amendment does not mean anything,” said Ryan Morrison, senior counsel at the Liberty Justice Center.

The Liberty Justice Center urges the Supreme Court to reverse the Ninth Circuit and reaffirm that the right to carry in public is not a second-class right.