Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Second Amendment: 1. “Aloha Spirit:” 0. High Court Shoots Down Hawaii Gun Ban.

Thursday, June 25, 2026

Second Amendment: 1. “Aloha Spirit:” 0. High Court Shoots Down Hawaii Gun Ban.

On June 25, the U.S. Supreme Court invalidated a Hawaii law that sought to ban the carrying of firearms (including licensed concealed carry) on private property open to the public, unless the carrier obtained affirmative permission from the property owner. In doing so, the High Court set the island jurisdiction straight on what takes precedence in American constitutional law: the Second Amendment or “Aloha Spirit,” as reflected in the 19th-century decrees of King Kamehameha III. The case was Wolford v. Lopez.

While Wolford reversed a judgment from the Ninth Circuit Court of Appeals, it also settled a score left open by the Hawaii Supreme Court case State v. Wilson. The Wilson decision made an unseemly point of mocking the U.S. Supreme Court’s Second Amendment jurisprudence in resolving a case under Hawaii’s own constitutional right to arms. The High Court passed on reviewing Wilson itself, but Justices Thomas and Alito and, separately, Justice Gorsuch issued statements that indicated the Hawaii court’s disrespect did not go unnoticed.  As we wrote at the time: “The court of last resort, in maintaining its judicial dignity and decorum, sometimes speaks softly. But it always gets the last word.”

That word came in a majority opinion written by Justice Alito and joined by Chief Justice Roberts and Justices Thomas, Gorsuch, Kavanaugh, and Barrett. The proponents of the Hawaii law attempted to defend it by, among other things, recharacterizing it as a state property law issue, rather than a Second Amendment one.

According to Hawaii, it is uncontested that private property owners can exclude individuals from their land, including because they are carrying guns. And the state has the authority to determine default rules for property law. All its law did, Hawaii claimed, was change the normal default rule as it applies to lawfully armed individuals entering publicly accessible private property. Rather than assuming they were welcome, the rule assumed they were unwelcome, consistent with a “Hawaiian tradition … that Hawaiians disfavor the carrying of guns in their midst.”  

Or, as the Wilson case put it, “The spirit of Aloha clashes with a federally-mandated lifestyle that lets citizens walk around with deadly weapons during day-to-day activities.”

The Supreme Court’s majority, however, was having none of it. According to Justice Alito’s opinion:

the Second Amendment has the same meaning in all parts of the United States. … It cannot give way to “the spirit of Aloha” in Hawaii, contra, State v. Wilson, any more than it can yield to the spirit of the Big Apple (Bruen) or the Windy City (McDonald).

Wolford thus establishes it’s not a good idea to try to justify a gun control in the face of a Second Amendment challenge by admitting its motivation is the jurisdiction’s “long history of antipathy to the private possession of firearms.”

The Court also brushed aside the rationale that the regulation merely concerned rules about private property, not about carrying guns. To illustrate the fallacy of this argument, Justice Alito invoked another character from Second Amendment lore, Jaime Caetano. Ms. Caetano was at the center of a Massachusetts Supreme Judicial Court opinion on the Second Amendment that was so wrong and poorly written that it was summarily reversed by the entire U.S. Supreme Court without even the formality of oral argument.

In Wolford, Justice Alito portrayed Jaime Caetano as the distressed damsel of a concealed carry scenario in which she is thwarted at every turn as she tried to go about her day in Hawaii, even though she is being menaced by her violent ex-boyfriend. The example made clear that the practical effect of Hawaii’s “property rule” was to abolish the right to carry recognized in Bruen.

Those who can read between the lines will discern an important takeaway from the Wolford opinion and its revisitation, not just of the U.S. Supreme Court’s 21st-century Second Amendment precedents, but of these examples of defiant state courts. Simply put: The High Court is manifestly fed up with anti-gun states ignoring the letter and spirit of its holdings on the fundamental right to keep and bear arms. 

Yet another Hawaii gambit that did not fly with the majority was the state’s invocation of racist Black Codes from the post-Civil War South to try to illustrate a “historical tradition” that would support the challenged rule. The Court effectively took these sorts of laws off the table for use in illustrating the supposed scope of the Second Amendment.

“[T]here is another reason for rejecting Hawaii’s reliance on this statute,” Alito wrote. “[I]t provided a tool for disarming blacks and thus leaving them defenseless against attacks.” Yet this was directly at odds with both the Second and Fourteenth Amendments, as the Congress which enacted the latter did so in the context of “call[ing] for protection of the right to keep and bear arms for self-defense“ in exactly this situation.

Justice Barrett wrote a concurrence expanding upon this theme, joined in relevant part by Justices Thomas and Gorsuch. “It is beyond me why Hawaii would claim that these vile laws can justify its present-day restriction,” she wrote.

Finally, the majority also rejected Hawaii’s attempt to use what were essentially anti-poaching laws as analogues to its present-day anti-carrying-for-self-defense law. As Justice Alito’s opinion put it:

To test whether these analogues are “relevantly similar” to the challenged Hawaii law, we may ask the question set out earlier: “Because it was accepted that prohibiting unauthorized hunting on private land was consistent with the Second Amendment right, can we infer that it is also consistent with that right to ban a person who is lawfully carrying a concealed handgun for self-defense from entering a gas station, coffee shop, grocery store, or other private property open to the public without express and unambiguous consent?” The question answers itself.

At the end of the day, Wolford concerned a narrow legal issue, one adopted in only five of the same jurisdictions, Justice Alito pointed out, that issued concealed carry permits on a discretionary basis at the time of Bruen. For most keen observers of Second Amendment case law, the outcome of Wolford was virtually a foregone conclusion. The Second, Third, and Fourth Circuits (historically no friends to the Second Amendment) had already invalidated various versions of the rule in New York, New Jersey, and Maryland. Only the legendarily anti-gun Ninth Circuit would have allowed California’s version of the law to be enforced.

Yet the case is also highly significant for what it says about defiance of the Second Amendment; couching gun control in other legal principles; and use of odious Black Codes designed to thwart the Second Amendment rights of freed slaves as a modern template to thwart the same rights for all.

There is a reason gun control supporters went 0 for 2 this term at the Supreme Court, lowering their overall win-loss record for 21st-century Second Amendment cases to a dismal 1 to 6.

One can only hope the Court’s stern tone in Wolford reflects a determination to continue righting the many wrongs against the right to keep and bear arms still being perpetrated by rebellious anti-gun states.

TRENDING NOW
NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Ban on Firearms Possession by Nonviolent Felons

Thursday, October 1, 2026

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Ban on Firearms Possession by Nonviolent Felons

Today, the National Rifle Association, joined by the Firearms Policy Coalition and Second Amendment Foundation, filed an amicus brief urging the U.S. Supreme Court to hear a challenge to the federal lifetime prohibition on firearms ...

Virginia Gun Shops Brace for the New Jerseyfication of the Commonwealth

News  

Monday, September 28, 2026

Virginia Gun Shops Brace for the New Jerseyfication of the Commonwealth

Jay Jones, the anti-gun but pro-bullets to the head Virginia attorney general, announced on September 15 the creation of the Firearms Accountability & Industry Responsibility (FAIR) Unit within the Civil and Criminal Justice & Public ...

Support of Self-Defense for Law-Abiding Citizens Continues to Spread Globally

News  

Monday, September 28, 2026

Support of Self-Defense for Law-Abiding Citizens Continues to Spread Globally

In spite of some countries deciding they cannot trust their own citizens with firearms, other countries seem to be rejecting this policy…at least a bit.  

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

News  

Wednesday, September 23, 2026

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

On September 17, the Department of Justice’s Office of Legal Counsel (OLC) issued a memorandum opinion to answer the question “whether restricting young adults from buying firearms comports with the Second Amendment as the Supreme ...

California: Newsom Takes One Last Shot at the Second Amendment as Governor

Monday, September 28, 2026

California: Newsom Takes One Last Shot at the Second Amendment as Governor

On Saturday, Governor Gavin Newsom inked his signature to six anti-gun bills, continuing his attack on law-abiding gun owners as he closes his final months as the Governor of California. Since taking office in 2019, ...

DOJ Calls Time on Minnesota’s Second Amendment Waiting Game

News  

Monday, September 28, 2026

DOJ Calls Time on Minnesota’s Second Amendment Waiting Game

For too long, Minnesota Governor Tim Waltz and his anti-gun allies in the state have treated the exercise of a constitutional right as something subject to government permission and whatever wait is required for the ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

“Law abiding citizens with an AR-15 are not a threat to anyone” — Law Enforcement Groups Weigh in on Supreme Court “Assault Weapons” Cases

News  

Wednesday, September 23, 2026

“Law abiding citizens with an AR-15 are not a threat to anyone” — Law Enforcement Groups Weigh in on Supreme Court “Assault Weapons” Cases

The Trace, the “newsroom” funded by anti-gun extremist Michael Bloomberg, reported in June on the extent to which the NRA-backed NYSRPA v. Bruen case has, to date, rebuilt the modern Second Amendment landscape.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.