Licensed gun owners in Hawaii could face criminal charges for carrying firearms at everyday locations such as gas stations, restaurants, and grocery stores under a law the Justice Department calls “blatantly unconstitutional.”
According to Fox News, the federal government has filed a Supreme Court brief backing plaintiffs challenging the law, setting the stage for a case that could affect millions of gun owners in states with strict concealed carry rules.
The law, which makes it a misdemeanor to carry on private property without “unambiguous written or verbal authorization” or clear signage, has drawn criticism from the Justice Department for violating the Second Amendment.
“Hawaii’s law plainly violates the Second Amendment,” Attorney General Pam Bondi wrote on X.
The case, Wolford v. Lopez, centers on whether states can prohibit concealed-carry license holders from bringing firearms onto private property open to the public without explicit permission.
According to the Justice Department brief, Hawaii’s law conflicts with the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which struck down strict permitting requirements for concealed carry.
“In New York, applicants had to prove a special need for a firearm to defend themselves,” the brief noted. Hawaii’s new law, enacted after Bruen, “effectively nullifies” the availability of concealed carry licenses.
David Katz, former DEA agent and CEO of Global Security Group, said laws like Hawaii’s are designed to continue limiting lawful carry despite Bruen.
“They realized they couldn’t do anything about not providing concealed carry permits, so instead they just made it illegal to carry in certain areas,” he said.
The Justice Department emphasized that Hawaii cannot use indirect restrictions to evade the Constitution. “States cannot evade Bruen by banning public carry through indirect means,” the brief reads.
Republican lawmakers in other restrictive states have applauded the DOJ’s intervention. New York City Councilwoman Irina Vernikov, who faced charges after bringing a licensed handgun to a rally last year, praised the move.
“[The Second Amendment] is our constitutional right, and no state should be able to take that right away from us or restrict it so much that it’s rendered useless,” she wrote.
A ruling in Wolford v. Lopez could reshape gun laws in California, Maryland, New Jersey, New York, and other states, potentially restoring Second Amendment rights for millions of Americans.
