Columbus, OH – On Monday, The Buckeye Institute filed an amicus brief in Wolford v. Lopez, calling on the U.S. Supreme Court to reverse the U.S. Ninth Circuit Court of Appeals and tell Hawaii it cannot restrict constitutional rights the government does not like on private property when that property is open to public use.

“Imagine an Ohio law banning cars with bumper stickers from That School Up North from filling up at Ohio gas stations during the week of The Game unless the station posts a sign explicitly permitting ❌ichigan fans,” said David C. Tryon, director of litigation at The Buckeye Institute. “Such a law, while understandable during game week, is an obvious violation of constitutional rights. And Hawaii’s law—criminalizing carrying a firearm onto private property unless the owner expressly consents—is no less a violation.”

In its brief, The Buckeye Institute argues that 1) the Second Amendment is entitled to the same deference, protection, and respect as all other constitutional rights; 2) that Hawaii’s new law exemplifies a troubling trend of state overreach and shows remarkable indifference to Second Amendment rights; and 3) that Hawaii’s law encroaches on the right to bear arms. 

Hawaii’s law not only deems the exercise of a constitutional right as illegal, but it also places a legal burden on property owners to have knowledge of the law and then make it clear to visitors and patrons that they are allowed to exercise their constitutional rights. Such a law is indefensible and an unconstitutional restriction on the right to keep and bear arms. 

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