Alabama Attorney General Steve Marshall has joined a coalition of 26 states urging the Supreme Court of the United States to intervene in Hawaii's firearm carry ban. The ban, known as Act 52, restricts carrying or possessing firearms in designated "sensitive" areas such as bars, restaurants serving alcohol, parks, beaches, banks, and financial institutions.
The coalition filed an amicus brief in the case of Wolford v. Lopez supporting three residents and the Hawaii Firearms Coalition in their lawsuit to overturn the ban. A U.S. District Court had previously blocked much of Hawaii's enforcement of this law; however, the state appealed to the Ninth Circuit Court of Appeals which reversed that decision.
Attorney General Steve Marshall commented on this development: “The Constitution doesn’t stop at the shoreline of the Pacific and disappear over the ocean,” he said. He further criticized Hawaii's law for punishing citizens exercising their freedoms under what he termed a "radical political agenda."
The debate follows precedents set by previous Supreme Court decisions such as District of Columbia v. Heller and New York State Rifle & Pistol Association, Inc. v. Bruen which require courts to assess if modern firearm regulations align with Second Amendment texts and historical context.
Hawaii’s restrictions are argued not to have established an “enduring American tradition” justifying limits on carrying firearms in public places like parks or beaches. The Ninth Circuit’s ruling created a circuit split by reversing an injunction on Hawaii’s "default rule," which changes presumptions about carrying firearms into businesses open to the public without prior permission from owners.
This decision contrasts with a similar case in New York where an injunction was upheld against comparable legislation based on identical precedents used by both circuits.
“Without swift correction, the Ninth Circuit’s decision will muddle the clear Second Amendment standards this Court has adopted,” states part of their brief expressing concern over potential erosion of Americans' rights should other states follow suit.
Attorneys general from various states including Alaska, Arkansas, Florida among others joined this legal effort led by Attorney General Knudsen alongside Idaho Attorney General Raúl Labrador.