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Jason Wolford, et al. v. Anne E. Lopez, Attorney General of Hawaii
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-16164 · judgment September 6, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1, 33 (2022), holds that "the Second Amendment guarantees a general right to public carry" of arms, meaning ordinary, law-abiding citizens may "'bear' arms in public for self-defense." In this case, the Ninth Circuit sustained a Hawaii law that makes it a crime for a concealed carry permit holder to carry a handgun on private property unless he has been "given express authorization to carry a firearm on the property by the owner, lessee, operator, or manager of the property." H.R.S. § 134-9.5. That holding is in acknowledged direct conflict with the Second Circuit's holding in Antonyuk v. James, 120 F.4th 941 (2d Cir. 2024), a decision that struck down an identical State law in the same procedural posture as this case. The Ninth Circuit also sustained a multitude of other location bans on carry by permit holders, relying solely on post-Reconstruction Era and later laws. That doctrinal approach is in direct conflict with the Third Circuit's decision in Lara v. Commissioner Pennsylvania State Police, 125 F.4th 428 (3d Cir. 2025), the Fifth Circuit's decision in United States v. Connelly, 117 F.4th 269 (5th Cir. 2024), the Eighth Circuit's decision in Worth v. Jacobson, 108 F.4th 677 (8th Cir. 2024), and, most recently, the Eleventh Circuit's en banc decision in NRA v. Bondi, No. 21- 12314, 2025 WL 815734 at *5 (11th Cir. March 14,2025) (en banc), all of which hold that primary focus must be on Founding generation laws and tradition in applying the text, history and tradition test Bruen mandates. The questions presented are:
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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?
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Whether the Ninth Circuit erred in solely relying on post-Reconstruction Era and later laws in applying Bruen's text, history and tradition test in direct conflict with the holdings of the Third, Fifth, Eighth and Eleventh Circuits? LIMITED TO QUESTION 1 PRESENTED BY THE PETITION.
Counsel of record
For petitioner
Alan Alexander Beck
Law Offices of Alan Beck
For respondent
Neal Kumar Katyal
Milbank LLP
Case
Conference history
Distributed for 1 conference
Amicus briefs
7 cert-stage · 28 merits
(20 supporting pet./neither, 8 respondent)
Argument & decision
Argued January 20, 2026 — Alan A. Beck · Neal K. Katyal. Audio and transcript
Decided June 25, 2026. Opinion by Alito.
Proceedings
- Jul 27 2026Judgment Issued.
- Jun 25 2026Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Barrett, J., filed a concurring opinion, in which Thomas and Gorsuch, JJ., joined as to Part II–B. Kagan, J., filed a dissenting opinion. Jackson, J., filed a dissenting opinion, in which Sotomayor, J., joined.
- Jun 08 2026Motion to file a supplemental brief after argument filed by petitioners GRANTED.
- May 22 2026Motion for Leave to File Supplemental Brief of Jason Wolford, et al. not accepted for filing. (Corrected PDF to be submitted--May 26, 2026)
- May 22 2026Motion to file a supplemental brief after argument filed by petitioners Jason Wolford, et al.
- Jan 20 2026Argued. For petitioners: Alan A. Beck, San Diego, Cal.; and Sarah M. Harris, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Neal K. Katyal, Washington, D. C.
- Jan 09 2026Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Jan 09 2026Reply of petitioners Jason Wolford, et al. filed. (Distributed)
- Dec 29 2025Brief amici curiae of Property Law Professors Claire Priest, et al. filed. (Distributed)
- Dec 24 2025Brief amicus curiae of Prosecutors Against Gun Violence filed. (Distributed)
- Dec 23 2025Brief amici curiae of City of Baltimore, et al. filed. (Distributed)
- Dec 23 2025Brief amici curiae of Professors of Property Law filed. (Distributed)
- Dec 23 2025Brief amici curiae of The District of Columbia, et al. filed. (Distributed)
- Dec 23 2025Brief amicus curiae of Everytown For Gun Safety Support filed. (Distributed)
- Dec 23 2025Brief amici curiae of Global Action On Gun Violence filed. (Distributed)
- Dec 22 2025Brief amici curiae of Brady Center to Prevent Gun Violence, et al. filed. (Distributed)
- Dec 17 2025Brief of respondent Anne E. Lopez, Attorney General of Hawaii, filed. (Distributed)
- Dec 05 2025Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and is available on PACER.
- Dec 01 2025CIRCULATED
- Nov 25 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Nov 24 2025Brief amicus curiae of United States filed.
- Nov 24 2025Brief amici curiae of Peace Officers Research Association of California, et al. filed.
- Nov 24 2025Brief amicus curiae of Professor J. Joel Alicea filed.
- Nov 24 2025Brief amicus curiae of Firearms Policy Coalition filed.
- Nov 24 2025Brief amicus curiae of U.S. Sportsmen’s Alliance Foundation filed.
- Nov 24 2025Brief amici curiae of Montana, et al. filed.
- Nov 24 2025Brief amicus curiae of National Association for Gun Rights filed.
- Nov 24 2025Brief amici curiae of National Rifle Association of America, et al. filed.
- Nov 24 2025Brief amicus curiae of Liberty Justice Center filed.
- Nov 24 2025Brief amicus curiae of National Shooting Sports Foundation filed.
- Nov 24 2025Brief amicus curiae of The Buckeye Institute filed.
- Nov 24 2025Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
- Nov 24 2025Brief amici curiae of Gun Owners of America, et al. filed.
- Nov 24 2025Brief amici curiae of California Gun Rights Foundation, et al. filed.
- Nov 24 2025Brief amici curiae of Association of New Jersey Rifle & Pistol Clubs, Inc., et al. filed.
- Nov 24 2025Brief amici curiae of Clayton Cramer, et al. filed.
- Nov 21 2025Brief amicus curiae of National African American Gun Association, Inc. filed.
- Nov 21 2025Brief amicus curiae of Patrick J. Charles in support of neither party filed.
- Nov 21 2025Brief amici curiae of Second Amendment Foundation, et al. filed.
- Nov 20 2025Brief amicus curiae of Foundation for Moral Law filed.
- Nov 18 2025Record requested from the United States Court of Appeals for the Ninth Circuit.
- Nov 17 2025Brief of petitioners Jason Wolford, et al. filed.
- Nov 17 2025Joint appendix filed.
- Nov 12 2025SET FOR ARGUMENT on Tuesday, January 20, 2026.
- Oct 03 2025Petition GRANTED limited to Question 1 presented by the petition.
- Sep 22 2025Supplemental brief of respondent Anne Lopez filed. (Distributed)
- Sep 15 2025Supplemental brief of petitioners Jason Wolford, et al. filed. (Distributed)
- Jun 25 2025DISTRIBUTED for Conference of 9/29/2025.
- Jun 16 2025Reply of petitioners Jason Wolford, et al. filed.
- Jun 04 2025Brief of respondent Anne E. Lopez in opposition filed.
- May 05 2025Brief amicus curiae of Foundation for Moral Law filed.
- May 05 2025Brief amici curiae of Montana, et al. filed.
- May 05 2025Brief amicus curiae of The Buckeye Institute filed.
- May 05 2025Brief amicus curiae of Association of New Jersey Rifle & Pistol Clubs, Inc. filed.
- May 02 2025Brief amici curiae of Second Amendment Law Center, et al. filed.
- May 01 2025Brief amicus curiae of United States filed.
- May 01 2025Brief amicus curiae of The National Association For Gun Rights filed.
- Apr 10 2025Motion to extend the time to file a response is granted and the time is extended to and including June 4, 2025.
- Apr 08 2025Motion to extend the time to file a response from May 5, 2025 to June 4, 2025, submitted to The Clerk.
- Apr 01 2025Petition for a writ of certiorari filed. (Response due May 5, 2025)