Wolford v. Lopez · ¶104

So the problem with Hawaii’s default rule is not that it targets a regulatory problem besides poaching. It is that the rule does not target any particular abuse of firearms at all. Rather than identifying a specific threat to public peace and safety, Hawaii admits that it enacted the rule because many of its citizens oppose the public carry of guns. In other words, Hawaii is responding to the general danger associated with the presence of firearms, not to any specific, heightened risk of their misuse. See 2023 Haw. Sess. Laws 114 (invoking general “risks to public health, safety, and welfare associated with firearms and gun violence”). And rather than confining the rule to specific places where firearms are likely to be misused, Hawaii applies it to all private property, even property held open to the public. From the hardware store, to the gas station, to the fast-food…

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