Archived SI output (machine-generated)
Hawaii's law is constitutional: the Second Amendment does not override state property law requiring owner consent for firearms on private premises.
Archived SI output (machine-generated) · No editorial review recorded
This historical SI draft was machine-generated by software and has no editorial review time on record. Verify its factual and legal claims against the original source before relying on it.
Wolford v. Lopez
Samuel Alito
Hawaii's law is constitutional: the Second Amendment does not override state property law requiring owner consent for firearms on private premises.
Whether Hawaii's law requiring express property owner consent for carrying concealed handguns on private property open to the public violates the Second and Fourteenth Amendments.
Constitutional concerns with the original
- The majority opinion relies on Bruen's 'historical analogues' test, which is not found in the text of the Second Amendment and was invented in 2022, not in 1791 or 1868.
- The majority treats the Second Amendment as creating a presumptive right to carry on all private property open to the public, ignoring the common-law principle that property rights (Fifth Amendment) limit access to private land.
- The opinion fails to consider the Tenth Amendment, which reserves to states the power to regulate property within their borders, including conditions on entry onto private land.
Solution text
Operative provisions
Bipartisan rationale
This holding honors Democratic priorities by upholding state police power to regulate firearms for public safety and property rights. It honors Republican priorities by preserving the Second Amendment's core right of self-defense (carrying on public property and with owner consent) and by rejecting judicial invention of untextual tests. Both parties' constitutional traditions—Democratic emphasis on federalism and Republican emphasis on original meaning—are served.
Constitutional citations
- → Second Amendment
- → Fifth Amendment (Due Process and Takings Clauses)
- → Tenth Amendment
- → Federalist No. 46 (Madison on militia and state powers)
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Generated by VFA SI Solutions · 2026.06.29 06:03 UTC · ← Back to the Republic