Its Amici in Wolford v. Lopez abandon the embarrassing “analogue.”

Stephen Halbrook | 1.13.2026 9:21 PM

On Tuesday, January 20, the Supreme Court will hear oral argument in Wolford v. Lopez, which concerns whether the Ninth Circuit erred in holding that Hawaii may prohibit the carrying of handguns by permit holders on private property open to the public unless the property owner affirmatively gives express permission.  The Ninth Circuit upheld the ban under Bruen based on the existence of merely two purported historical analogues, a 1771 New Jersey law on poaching and an 1865 Louisiana Black Code law.

As I explained in a previous post, I filed an amicus curiae brief on behalf of the National African American Gun Association, extensively detailing the nature of the Louisiana law as part of the Black Codes intended to limit the freedom of movement and the right to bear arms of the newly-freed slaves.  As explained in the New York Tribune, March 7, 1866, the statute making it unlawful to "carry firearms on the........

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