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Supreme Court Poised To Hear Two Gun Cases Testing Bruen’s Reach

The arguments will probe how the Court’s history-based method applies to property-based carry limits versus federal restrictions for habitual drug users.

Overview

  • On Jan. 20, the justices hear Wolford v. Lopez, which challenges Hawaii’s rule that carrying a firearm on private property open to the public is unlawful without explicit permission from the owner.
  • The Ninth Circuit upheld Hawaii’s law by invoking a 1771 New Jersey statute and an 1865 Louisiana measure as close historical analogues, a rationale critics argue conflicts with Bruen’s demand for a broader tradition.
  • Briefing in Wolford highlights a direct split with the Second Circuit and asks the Court to clarify how facial and as‑applied challenges should be evaluated in Second Amendment cases.
  • In March, the Court will take up United States v. Hemani, which contests the federal prohibition on gun possession by unlawful users or addicts of controlled substances.
  • Legal analysts expect the Court could strike signage-based carry limits yet uphold disarmament of habitual drug users, pointing to Rahimi’s reliance on historical analogies to regulate dangerous conduct.