In Wolford v. Lopez, according to Fox News, the Court ruled that Hawaii cannot treat all public-facing private property as gun-free zones without explicit owner consent. The plaintiffs' lawyer called the state's reliance on a Black Code—a Reconstruction-era law designed to restrict freedoms for formerly enslaved people—"disgraceful" in defending the carry restriction.
States defending gun restrictions by citing laws built to strip rights from Black Americans have a constitutional problem. The decision limits how far states can go in rebuilding broad carry bans after the Supreme Court's Bruen decision. Hawaii's real damage came from its legal foundation, not its policy goal. When your constitutional argument depends on Jim Crow precedent, you've already lost.
Hawaii must revise its carry rules to comply with the ruling. Other states with aggressive post- Bruen restrictions will study this opinion closely. Expect more litigation over where licensed carry can be restricted, especially in privately owned spaces open to the public.
States can argue for stricter gun laws. They cannot defend those laws with precedent designed to strip rights from Black Americans. If your constitutional case needs a Black Code, your case is rotten before oral arguments start. Hawaii just got that verdict from a 6-3 Court.
Filed to the Politics desk · Jun 27