Brady Supports Hawaiʻi’s Public Carry Restrictions

Wolford v. Lopez

Amicus Briefs Filed: 

• October 12, 2023, U.S. Court of Appeals for the Ninth Circuit, in support of Hawaiʻi (Lopez)
• December 22, 2025, United States Supreme Court, in support of affirmance

Topic: Hawaiʻi’s restriction on public carry in public parks and beaches, banks and financial institutions, and bars and restaurants

Case Summary: In response to the Supreme Court of the United States’s decision in Bruen, Hawai’i enacted a law regulating the areas in which a firearm permit holder can legally carry firearms publicly. The law designates certain locations, including bars, parks, and beaches, as “sensitive places” where guns may not be carried. Several gun permit holders challenged the law on the grounds that it was too broad and violated their Second Amendment rights. The District Court responded by temporarily halting enforcement of the law, concluding that the government could not offer an identical historical regulation. Hawaiʻi, defending the law, appealed this decision to the U.S. Court of Appeals for the Ninth Circuit.  

Brady’s Amicus Brief: Brady’s brief asserts that the District Court erred in striking down Hawaiʻi’s vital gun regulation legislation. The brief explains that the law reflects restrictions on guns in sensitive places that have existed throughout U.S. history, and is therefore constitutional. Brady reminds the court that historical twins are not necessary in examining a challenged law, and that the lower court was too strict in its analysis. The brief also highlights how the law stands at the crossroads of First and Second Amendment rights: striking it down would disregard public safety and jeopardize speech and expression. The temporary stop on the law’s enforcement allows for guns to legally be carried in public places — areas in which society commonly exercises their First Amendment rights. Brady asserts that the presence of guns in public places has a limiting effect on people’s freedom of expression and discourse. These facts, combined with public safety concerns, justify the law. 

In June 2026, in a 6-3 decision, the Supreme Court held that firearms may be carried onto Hawai’i private property open to the public unless a property owner affirmatively prohibits them. The law applies to such spaces as restaurants, hotels, shops, malls, and concert venues.