Supreme Court Takes On Hawaii’s “Vampire Rule” | Alan Beck on Wolford v. Lopez

Published on February 17, 2026
Duration: 26:08

This video features attorney Alan Beck discussing the Wolford v. Lopez case, which challenged Hawaii's 'vampire rule' on concealed carry. Beck explains the rule, its distinction from California's version, and the arguments presented at the Supreme Court, including property rights and historical legal precedents like black codes. The discussion highlights the complexities of Second Amendment litigation and the legal strategies involved in challenging state firearm regulations.

Quick Summary

Hawaii's 'vampire rule' required businesses to post a sign allowing firearms or provide affirmative consent for concealed carry permit holders to enter. California's rule was more restrictive, mandating a 'guns allowed' sign with no option for affirmative consent, a distinction that led the Ninth Circuit to enjoin California's rule.

Frequently Asked Questions

What is Hawaii's 'vampire rule' regarding concealed carry?

Hawaii's 'vampire rule' required businesses to either post a sign explicitly allowing firearms or provide affirmative consent for individuals with a concealed carry permit to enter with a firearm. This rule specifically applied to permit holders, not those with other carry exemptions like security guards.

How did California's 'vampire rule' differ from Hawaii's?

California's 'vampire rule' was more restrictive. It mandated that businesses must post a 'guns allowed' sign for a person with a concealed carry permit to enter with a firearm. Unlike Hawaii's rule, it did not offer affirmative consent from the business owner as an alternative mechanism.

What historical legal arguments did Hawaii use to defend its 'vampire rule'?

Hawaii's defense of the 'vampire rule' involved referencing historical anti-poaching laws from the colonial era and, controversially, black codes enacted after the Civil War. These arguments aimed to establish historical precedent for restricting firearm carry in certain locations.

What was the significance of the Department of Justice's involvement in the Wolford v. Lopez case?

The Department of Justice, through the Solicitor General's office, filed amicus briefs and argued alongside the plaintiffs in Wolford v. Lopez. This marked a notable shift, as the DOJ had not previously been seen arguing on the same side as plaintiffs in such Second Amendment litigation.

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