On October 3, the Supreme Court granted cert in Wolford v. Lopez on the following issue: "Whether the Ninth Circuit erred in holding, in direct conflict with the Second Circuit, that Hawaii may presumptively prohibit the carry of handguns by licensed concealed carry permit holders on private property open to the public unless the property owner affirmatively gives express permission to the handgun carrier?"
In response to Bruen's holding that citizens may not be denied permits to carry firearm without a special need, several states enacted sweeping bans on where firearms may be carried. One such provision enacted by Hawaii prohibits the carrying of firearms by a permit holder onto private property open to the public unless the owner affirmatively gives permission by "unambiguous written or verbal authorization" or by the "posting of clear and conspicuous signage." The Ninth Circuit upheld this prohibition in Wolford v. Lopez (2024).
That conflicts with the Second Circuit's decision in Antonyuk v. James (2024), which found violative of the Second Amendment New York's ban on firearm possession by a permitee onto private property open to the public unless the owner or lessee of the property posts clear and conspicuous signage or otherwise gives express consent to bring the firearm onto the property. That created an unprecedented default presumption that carriage is banned, instead of the historical presumption that it is banned only if explicitly done so.
