Posted on 06/27/2026 10:39:02 AM PDT by DFG
The attorney who helped persuade the Supreme Court to strike down Hawaii’s private-property concealed-carry restriction on Thursday criticized the state’s reliance on a Reconstruction-era Black Code to defend the law.
In a 6-3 decision in Wolford v. Lopez, the Court held that Hawaii cannot require licensed gun owners to obtain express permission before carrying firearms onto private property open to the public. Gun-rights challengers dubbed the policy the "vampire rule" because lawful gun owners had to be "invited in" before entering businesses while armed.
"It is disgraceful that any state would rely on a law specifically aimed at taking away the Second Amendment rights or any constitutional right of Black Americans as it was at that time," attorney Kevin O'Grady, who represented the plaintiffs, told Fox News Digital.
"And it's not surprising, however, that Hawaii would rely on it as they are diametrically opposed to the Second Amendment. We fully expected that the Supreme Court would identify that as the kind of law that one absolutely should not look to determine whether or not something is constitutional because this is the perfect example of something which is not constitutional."
A major flashpoint was Hawaii's effort to justify the law under the Supreme Court's 2022 decision in New York State Rifle & Pistol Association v. Bruen. Since Bruen, courts evaluating firearm regulations have generally asked whether modern gun restrictions are consistent with the nation's historical tradition of firearm regulation.
Hawaii cited several historical laws, including an 1865 Louisiana statute enacted as part of the post-Civil War Black Codes. The law made it unlawful to carry firearms onto another person's property without the owner's consent.
(Excerpt) Read more at foxnews.com ...
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Many years ago a history book my 8th graders used had a painting showing a black family outside of their shack set in the 1800s. I asked them if they could tell if they were freedmen or slaves. There was one big clue in the painting that showed they were free—the shotgun leaning against the door.
It doesn’t seem right that a Louisiana law should have any bearing on Hawaii in the first place.
Arlen Specter was enamored of Scottish law and invoked it during Bill Clinton's impeachment.
Great to hear that they're fighting back!
Hawaii is probably the most racist state in the union, ask any Haole who lives there.
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