On November 9, 2ALC filed an amicus brief in Wolford v. Lopez, now in the Ninth Circuit Court of Appeal. The case challenges Hawaii’s attempt to enforce a new law that bans carrying a firearm, even with a license, in almost every public place in Hawaii.
2ALC previously filed a similar amicus brief in the District Court in the same case, and the District Court judge (an Obama appointee) cited that brief as one of the reasons it ruled for the Plaintiffs and blocked enforcement of most of the law. The State of Hawaii has now appealed that District Court loss.
2ALC joined with the California Rifle & Pistol Association, Gun Owners of America, the Hawaii Rifle Association, Gun Owners of California, and Gun Owners Foundation on the amicus brief. This is a critical case that could establish an important legal precedent. So several other briefs were also filed, including one submitted by 17 states urging the Court of Appeal to strike down the law.
2ALC’s brief reiterates some of the arguments made in the District Court brief, but also takes Hawaii to task for incorrectly asserting that the District Court miscalculated historical population figures and relying on questionable data presented by an antigun organization. As to the “vampire rule,” which requires private property and business owners to grant express permission (typically by posting a sign) before anyone is allowed to carry on private property, the amicus brief points out that no court has upheld such a restriction in the other four states that have tried to adopt a similar requirement.
California is the fifth state to enact a “sensitive places” ban on carrying in public places, even with a CCW, and also has passed a vampire rule. The California Rifle & Pistol Association (CRPA) is currently challenging that law (SB 2) in May v. Bonta and has sought an injunction from the California District Court. Briefing in the District Court is underway. The Ninth Circuit’s ruling in Wolford will affect the SB 2 litigation, so this amicus brief and the briefs filed by other 2A supporters are critical to 2ALC’s and CRPA’s efforts on behalf of California gun owners.