Supreme Court Strikes Down Hawaii’s “Sensitive Places” Law In Landmark Second Amendment Victory

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• 25 Jun
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In a major victory for Second Amendment advocates nationwide, the United States Supreme Court today issued its decision in Wolford v. Lopez, holding that Hawaii’s expansive “sensitive places” carry restrictions violate the Second and Fourteenth Amendments.

The Court reversed the Ninth Circuit’s prior ruling and reaffirmed that states may not broadly prohibit the carrying of firearms in ordinary public places absent a well-established historical tradition supporting such restrictions.

The decision is particularly significant for California because Hawaii’s law closely mirrored California’s Senate Bill 2, which dramatically expanded the number of locations where licensed concealed carry permit holders are prohibited from carrying firearms.

Writing for the majority, Justice Samuel Alito emphasized that constitutional rights cannot fluctuate based upon local political preferences:

“Merely local attitudes can neither shrink nor inflate the meaning of fundamental Bill of Rights guarantees that apply to the States through the Fourteenth Amendment.”

CRPA President and General Counsel Chuck Michel welcomed the decision.

“Today’s ruling correctly overturns Hawaii’s absurd overreach,” Michel stated. “We look forward to renewing our efforts in May v. Bonta to overturn California’s similar law.”

The Supreme Court’s decision directly impacts May v. Bonta, the federal lawsuit challenging California’s SB 2. That case has been stayed pending resolution of Wolford. With today’s ruling now issued, litigation is expected to resume as plaintiffs seek a final determination regarding the constitutionality of California’s carry restrictions.

The decision calls into question numerous provisions of SB 2 that prohibit licensed carry in locations such as public parks, public transportation, libraries, and other commonly accessible public spaces.

While today’s ruling represents one of the most important Second Amendment victories affecting California in recent years, legal challenges to firearm restrictions throughout the state remain ongoing. California lawmakers may attempt to revise existing statutes or pursue alternative regulatory approaches in response to the Court’s decision.

Michel & Associates, P.C. remains committed to defending the constitutional rights of law-abiding gun owners and will continue to monitor developments in May v. Bonta and other significant Second Amendment litigation nationwide.

For additional updates on Second Amendment litigation, firearm regulatory compliance, and constitutional law developments, visit www.michellawyers.com.