Attorney General Alan Wilson defends Second Amendment, urges Supreme Court to hear key gun rights case

(COLUMBIA, S.C.) – South Carolina Attorney General Alan Wilson today joined 26 states and the Arizona Legislature in filing a friend-of-the-court brief urging the U.S. Supreme Court to hear Wolford v. Lopez, a major Second Amendment case out of Hawaii. The brief, led by Montana and Idaho, asks the Court to overturn a Ninth Circuit ruling that severely limits law-abiding citizens’ right to carry firearms in public spaces. 

“This case is about ensuring the Second Amendment is not treated as a second-class right,” said Attorney General Wilson. “If left in place, Hawaii’s law sets a dangerous precedent by flipping the burden, presuming carrying a firearm in public is unlawful unless expressly allowed. That directly contradicts our Constitution and threatens to eliminate the public’s right to self-defense in everyday places.” 

At issue is Hawaii’s Act 52, which broadly prohibits public carry of firearms in so-called “sensitive places,” including parks, beaches, and restaurants serving alcohol. It also bans carrying on private property that is open to the public unless the property owner gives explicit permission. 

The amicus brief argues that: 

• The Ninth Circuit’s decision creates a direct split with the Second Circuit, which struck down a nearly identical New York law as unconstitutional.
• Hawaii’s law is not supported by a historical tradition of firearms regulation as required under Y. State Rifle & Pistol Ass’n v. Bruen (2022).
• The state’s sweeping restrictions go far beyond what the Founders would have recognized and attempt to sidestep the constitutional right to carry by redefining vast public areas as “sensitive places.”

“The Constitution guarantees that law-abiding Americans have the right to protect themselves,” Attorney General Wilson continued. “We cannot allow activist courts or overreaching legislatures to strip away those rights through creative legal maneuvers. This case is an opportunity for the Supreme Court to set the record straight.” 

The coalition urges the Court to grant certiorari and reverse the Ninth Circuit, reinforcing the principle that the Second Amendment protects the right to carry a firearm in public for lawful self-defense. 

A copy of the amicus brief is available here.