EPISODE · Jul 30, 2026 · 37 MIN
Wolford v. Lopez: The Second Amendment and Private Property Access
from Swear on the Stand · host Daniel W. Swear
This episode contains a Supreme Court opinion from the 2026 case Wolford v. Lopez, which addresses the constitutionality of Hawaii’s firearm regulations. Following the landmark Bruen decision, Hawaii enacted a law prohibiting licensed individuals from carrying firearms onto private property open to the public unless they obtained express authorization from the owner. The Court’s majority ruled this "default to exclude" rule unconstitutional, arguing it imposes a significant burden on the Second Amendment right to self-defense during daily life. Justice Alito’s opinion emphasizes that historical analogues regarding hunting and anti-poaching are not sufficiently similar to justify such broad restrictions on modern commercial spaces. Conversely, the dissenting opinions by Justices Kagan and Jackson argue that the law is a valid application of property rights and the traditional right to exclude. Ultimately, the Court held that the Second Amendment protects a uniform national standard that local customs, such as Hawaii's "Aloha Spirit," cannot diminish.
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Wolford v. Lopez: The Second Amendment and Private Property Access
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