Montgomery, AL – Alabama Attorney General Steve Marshall has joined a 26-state coalition urging the Supreme Court of the United States (SCOTUS) to intervene in a legal challenge to Hawaii’s firearms law, Act 52, which restricts the carrying or possession of firearms in various public and private locations deemed “sensitive,” such as parks, beaches, bars, and financial institutions.
The coalition filed an amicus brief in the case Wolford v. Lopez, supporting three Hawaii residents and the Hawaii Firearms Coalition in their lawsuit seeking to overturn the restrictions. The brief argues that Hawaii’s law violates the Second Amendment and contradicts recent Supreme Court rulings clarifying the constitutional rights of law-abiding gun owners.
The legal challenge follows a U.S. District Court ruling that initially blocked much of Hawaii’s law from being enforced. However, the Ninth Circuit Court of Appeals reversed that decision, allowing the state’s “sensitive places” restrictions and changes to the so-called “default rule” to stand. That default rule reverses the traditional presumption that individuals may carry firearms on public-access private property unless explicitly prohibited by the owner; instead, Hawaii now requires explicit permission to carry firearms on such property.
In a statement accompanying the filing, Attorney General Marshall criticized the Ninth Circuit’s decision, characterizing it as inconsistent with Supreme Court precedent. “The Constitution doesn’t stop at the shoreline of the Pacific and disappear over the ocean,” Marshall said. “The Supreme Court has made it clear that the right to carry a firearm is the law.”
The brief contends that the Ninth Circuit ruling creates a split among the federal appellate courts. While the Second Circuit upheld an injunction against a similar law in New York, the Ninth Circuit allowed Hawaii’s law to take effect, despite both courts referencing the same historical context and precedents. The coalition argues that this inconsistency underscores the need for Supreme Court clarification.
The coalition’s argument rests heavily on the 2022 Supreme Court decision in New York State Rifle & Pistol Association, Inc. v. Bruen, which reinforced that any modern firearm regulation must align with the Second Amendment’s text and historical tradition. The brief claims that Hawaii has failed to demonstrate a long-standing American tradition of prohibiting firearm possession in the types of locations listed in Act 52.
Attorneys general from states including Alaska, Florida, Georgia, Indiana, Mississippi, Missouri, Texas, and West Virginia joined the brief, which was led by Montana Attorney General Austin Knudsen and Idaho Attorney General Raúl Labrador. The Arizona Legislature also joined in support.
The Supreme Court has not yet indicated whether it will take up the case. If it does, the decision could have broad implications for how states across the country regulate public firearm possession.
