Wolford v. Lopez · ¶176

The majority is likewise mistaken in maintaining that Hawaii’s law is not “relevantly similar” to its proffered analogues because Hawaii does not restrict conduct that produces effects similar to poaching. Ante, at 21–22 (internal quotation marks omitted). It asserts—without evidence— that this is true because “[o]thers on the premises will not even notice a person peacefully carrying a concealed weapon in the manner demanded by Hawaiian law.” Ante, at 22. That is sheer speculation. It also misses the point. The step-two question is not whether the most anodyne version of the conduct that the modern law targets would produce the same effects as the harms highlighted in the historical laws. Rather, we ask whether the analogues and the modern law target “‘relevantly similar’” issues. Rahimi, 602 U. S., at 692. Here the answer is clearly yes: Both the analogues and §134–9.5 aim to fortify…

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