U.S. Supreme Court Drives Final Stake Through Hawaii “Vampire Rule” Gun Carry Ban in Second Amendment Decision

Consistent with FPC’s victories against “vampire rule” laws in multiple states, the United States Supreme Court today issued a major 6-to-3 decision in Wolford v. Lopez holding that Hawaii cannot presume that peaceable carry is forbidden on private property held open to the public unless the owner first gives express permission. In the decision, the Court held that this reversal of the longstanding common-law default unconstitutionally infringes upon the exercise of the right to bear arms and violates the Second and Fourteenth Amendments.
The Court explained that these laws did not merely regulate where licensed people could carry. Instead, they severely burdened the ordinary exercise of the right to bear arms by forcing peaceable people to seek permission before entering the stores, restaurants, gas stations, pharmacies, and other businesses they visit every day. That burden, the Court held, is incompatible with the Second Amendment’s protection of the right to carry firearms for self-defense as Americans go about their daily lives.
The case against the State of Hawaii was brought by three individuals and the Hawaii Firearms Coalition. Notable amicus briefs filed in support of Wolford include those by FPC, California Gun Rights Foundation, and the United States. FPC has successfully blocked enforcement of “vampire rule” laws in multiple states, including California, Maryland, New Jersey, and New York.
The Court’s opinion for Wolford was written by Justice Alito. A concurring opinion was written by Justice Barrett and partially joined by Justices Thomas and Gorsuch. Dissenting opinions were written by Justice Kagan and Justice Jackson (joined by Justice Sotomayor).
The ruling confirms what FPC has argued from the beginning: States may not nullify Bruen by turning ordinary places open to the public—stores, restaurants, parking lots, and other public-facing private property—into carry-prohibited zones by default. Read more











