Jason Wolford v Anne Lopez Hawaii's Presumed Firearms Ban

Описание: Wolford v. Lopez
is a significant Second Amendment case where the 9th Circuit Court of Appeals largely upheld Hawaii's "sensitive places" gun laws in September 2024, ruling it constitutional to presume firearms are banned on private property open to the public (like stores) unless the owner gives explicit permission, finding historical backing for such restrictions and distinguishing modern sensitive places from founding-era ones. The decision affirmed the "no-carry" default for private property, but allowed challenges to bans in banks/hospitals to continue, with the case now before the U.S. Supreme Court.
Key Aspects of the 9th Circuit Ruling:

Private Property Rule: The court found that Hawaii's law requiring express permission to carry guns on private property open to the public (a "no-carry" default) aligns with historical traditions.
Sensitive Places: For newer locations like casinos, stadiums, and museums, the court found historical analogues in social gatherings where firearms were historically restricted, upholding those bans as constitutional.
Historical Analysis: The court applied the Supreme Court's Bruen test, looking for historical regulations demonstrating a principle of restricting firearms in certain places, even if the specific places (like modern malls) didn't exist historically.
Partial Injunctions: While upholding the core "private property" ban, the 9th Circuit reversed preliminary injunctions against some state bans on firearms in banks and hospitals, allowing those to remain in effect.

Significance:

The ruling defined how states can designate "sensitive places" and manage firearms on private property under the Second Amendment.
It's a key case challenging the scope of concealed carry rights, now headed to the Supreme Court for further review.