This week, the Supreme Court of the United States (SCOTUS) struck down Hawaii's broadest gun-carry restriction.
To discuss the outcome of the case, we have the lawyer who won it on the show. Wolford v. Lopez was Alan Beck's first case at SCOTUS, and it turned into his first win. He said he was very happy with where the Court came down and sees it opening several new avenues for Second Amendment challenges.
Beck said the majority sided with his view of Hawaii's requirement that anyone carrying a gun get explicit permission to enter publicly accessible private property, which he explained critics have dubbed the "Vampire Rule" because vampires also need permission to enter. He said the Court performed the Bruen test the way he asked and expected, by treating step one as a simple filter rather than an exhaustive historical review. Then they examined and rejected Hawaii's use of anti-poaching laws (and even a Black code) as historical analogues for its modern law.
He rejected the contention from several justices and outside commentators that the majority significantly changed the Bruen test, especially at step one. He said the Court did the test in line with how it had previously done it. Although, he argued many lower courts had been misapplying that step, and the Court walking through step one in more detail than before could be in response to that.
Beck said, even without the Court changing its test, further clarifying how to do step one could upend several recent lower-court cases. He noted how new the Court's Second Amendment jurisprudence is, and said people shouldn't expect every new case to make massive new updates to its test. Instead, he said it will likely take decades for the Court to fully flesh out the Second Amendment, just as it did with the First.
He also revealed what direction and new cases he plans to pursue in the wake of the Court's latest Second Amendment holdings. Beck said he's already started working on getting Hawaii to change some of its other gun restrictions.
Special Guest: Alan Beck.