Sign In
Glasgow Tribune
  • Home
  • World
  • Europe
  • USA
  • Middle East
  • Asia
  • General
  • Business
  • Entertainment
  • Technology
  • Health
  • Sports
  • Newsroom
  • Opinions
Reading: Lawyer who beat Hawaii gun law calls states reliance on Black Code disgraceful
Share
Glasgow TribuneGlasgow Tribune
Font ResizerAa
  • World
  • Travel
  • Science
  • Technology
Search
  • Home
    • Home 1
    • Home 2
    • Home 3
    • Home 4
    • Home 5
  • Categories
    • Technology
    • Travel
    • World
    • Science
    • Health
  • Bookmarks
  • More Foxiz
    • Sitemap
Have an existing account? Sign In
Follow US
© 2022 Foxiz News Network. Ruby Design Company. All Rights Reserved.
Latest

Lawyer who beat Hawaii gun law calls states reliance on Black Code disgraceful

Last updated: June 27, 2026 3:06 pm
RNN
Share
Lawyer who beat Hawaii gun law calls states reliance on Black Code disgraceful
SHARE

The attorney who helped persuade the to strike down Hawaiis private-property concealed-carry restriction on Thursday criticized the states reliance on a Reconstruction-era Black Code to defend the law.

In a 6-3 decision in , the Court held that Hawaii cannot require licensed gun owners to obtain express permission before carrying firearms onto private property open to the public. Gun-rights challengers dubbed the policy the “vampire rule” because lawful gun owners had to be “invited in” before entering businesses while armed.

“It is disgraceful that any state would rely on a law specifically aimed at taking away the rights or any constitutional right of Black Americans as it was at that time,” attorney Kevin O’Grady, who represented the plaintiffs, told Fox News Digital.

“And it’s not surprising, however, that Hawaii would rely on it as they are diametrically opposed to the Second Amendment. We fully expected that the Supreme Court would identify that as the kind of law that one absolutely should not look to determine whether or not something is constitutional because this is the perfect example of something which is not constitutional.”

A major flashpoint was Hawaii’s effort to justify the law under the Supreme Court’s 2022 decision in State Rifle & Pistol Association v. Bruen. Since Bruen, courts evaluating firearm regulations have generally asked whether modern gun restrictions are consistent with the nation’s historical tradition of firearm regulation.

Hawaii cited several historical laws, including an 1865 statute enacted as part of the post-Civil War Black Codes. The law made it unlawful to carry firearms onto another person’s property without the owner’s consent.

, writing for the majority, rejected that argument outright, calling the Louisiana statute a “tainted artifact” that was enacted to disarm newly freed Black Americans and leave them defenseless after the Civil War. He concluded the law “cannot be taken seriously” as evidence of the Second Amendment’s original public meaning.

Justice Ketanji Brown Jackson, however, argued in her dissent the Court skipped an important constitutional question.

Jackson did not defend the Black Codes, which she acknowledged were racist and used to oppress newly freed Black Americans. But she argued the Court should have first decided whether the Louisiana law itself violated the Second Amendment, or whether the real constitutional problem was that it was enforced in a racially discriminatory way.

“It might well be that the Black Codes are invalid inputs for Bruen’s test,” Jackson wrote, “but only if they violated the Second Amendment — which may or may not be the case.”

Instead, she argued that under the , the Court could not simply dismiss those laws without first explaining why they should not count as historical evidence.

She outlined two possibilities: either the firearm restrictions in the Black Codes were constitutional but enforced in a racially discriminatory manner — making the constitutional defect an equal-protection problem — or the restrictions independently violated the Second Amendment. The Court, she argued, never resolved that question before excluding the .

“Either does matter, and if so, all potentially relevant historical experiences must be thoroughly examined,” she wrote. “Or, it does not, and the Court should just admit that the test it has created is boundless.”

Her reasoning immediately drew pushback from critics, who argued the was passed in response to laws like the Black Codes that denied newly freed Black Americans their constitutional rights, like the right to bear arms.

“I would simply point her to what Justice Alito pointed out in the majority ruling — it was in response to these types of laws that in the first place,” Hannah Hill, vice president of the National Association of Gun Rights, told Fox News Digital.

“That right there is your answer,” H

TAGGED:latest
Share This Article
Email Copy Link Print
Previous Article Why Sami Zayn believes winning Undisputed WWE Championship at Night of Champions would be a 'cultural moment' Why Sami Zayn believes winning Undisputed WWE Championship at Night of Champions would be a ‘cultural moment’
Next Article Palisades Fire deadlock fuels fear that ideology is creeping into jury box — and Mangione could be next Palisades Fire deadlock fuels fear that ideology is creeping into jury box — and Mangione could be next

Editor's Pick

The revenge of the East: The end of West Germany has finally come

The revenge of the East: The end of West Germany has finally come

The establishment’s defeats in eastern regional elections mark more than a party crisis Occasionally, history does dish out poetic justice.…

By
RNN
5 Min Read
Tibetans scuffle with police outside the Chinese Embassy in India as they mark uprising anniversary
Tibetans scuffle with police outside the Chinese Embassy in India as they mark uprising anniversary

NEW DELHI — Dozens of Tibetan protesters clashed with police outside the Chinese…

3 Min Read
British plan to cede Chagos Islands to Mauritius, raising security concerns
British plan to cede Chagos Islands to Mauritius, raising security concerns

The Chagos Islands are one of the last vestiges of the British…

0 Min Read

Top Writers

Dephne Butler
RNN 7078 Articles

Oponion

EU seeking to target US Big Tech without angering Trump  FT

EU seeking to target US Big Tech without angering Trump FT

Brussels is reportedly considering a broader corporate tax to avoid…

October 7, 2026

West has ‘drained- all available oil inventories Vitol CEO

Crude stocks have been burned through…

October 6, 2026

The new sick man of Europe: Could France trigger a new sovereign debt crisis?

French bond yields are surging as…

October 6, 2026

Putin clears UniCredit sale in Russia

The Italian lender has faced pressure…

October 5, 2026

Russian businessman accuses Biden of stealing his money

Moscow has opened a criminal case…

October 1, 2026

You Might Also Like

Angel Reese snubs former college teammate amid first meeting as WNBA pros
Latest

Angel Reese snubs former college teammate amid first meeting as WNBA pros

It was strictly business for on Saturday night after the Seattle Storm defeated her Atlanta Dream 105-90. Storm rookie Flaujae…

2 Min Read
NASCAR driver Casey Mears reflects on Kyle Busch's impact on the sport after his death
Latest

NASCAR driver Casey Mears reflects on Kyle Busch’s impact on the sport after his death

NASCAR driver Casey Mears reflected on the death of on Friday, saying his impact on the sports of professional racing…

4 Min Read
California mom speaks with compassion but brutal honesty about presence of trans athlete in daughters sport
Latest

California mom speaks with compassion but brutal honesty about presence of trans athlete in daughters sport

Given how polarized the United States has become on just about , its understandable that many people are often tricked…

5 Min Read
American Culture Quiz: Test yourself on fast-food flashbacks and Hollywood hurdles
Latest

American Culture Quiz: Test yourself on fast-food flashbacks and Hollywood hurdles

The American Culture Quiz is a weekly test of our unique national traits, trends, history and people — including current…

1 Min Read
Glasgow Tribune
Glasgow Tribune

Runway News Network

UK Press & Publication Syndicate

Runway News Network (RNN) is a UK-based digital media group operating multiple independent news platforms across the United Kingdom. We provide structured journalism, press syndication and AI-optimised news distribution for organisations seeking national and regional visibility.

Contacts

  • hello@runwaynewsnetwork.com
  • adsales@runwaynewsnetwork.com
  • pressrelease@runwaynewsnetwork.com
  • opinions@runwaynewsnetwork.com
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?