An Opportunity to Clarify 1791 vs. 1868
By Stephen P. Halbrook
The Volokh Conspiracy
January 14, 2026
As the Supreme Court prepares for oral argument on Tuesday next week in Wolford v. Lopez, it should consider resolving the relevant time period for interpreting the scope of the Second Amendment. The issue arises in contexts as diverse as the federal prohibitions on certain classes of people (see post here) and whether adults aged 18 to 20 have Second Amendment rights (see post here). It is pertinent to the Wolford issue of Hawaii’s default rule of no guns on private property open to the public without prior consent.
“An Opportunity to Clarify 1791 vs. 1868,” The Volokh Conspiracy, January 14, 2026.
