Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Safe at Home: Delaware Supreme Court Upholds Right to Bear Arms for Tenants of Public Housing

Friday, March 21, 2014

Thanks to a successful NRA-backed lawsuit, Delaware public housing tenants will be safer in their homes. In a unanimous ruling, the Supreme Court of Delaware held on March 18 that policies adopted by the Wilmington Housing Authority (WHA), which prevented residents, their families and their guests from exercising the right to self-defense in certain areas of the housing authority's property, were unconstitutional.    

According to the U.S. Department of Housing and Urban Development, persons receiving housing assistance are estimated to be over twice as likely to suffer victimization (including firearm-related crime) as other members of the population.

Despite that, WHA's policies, incorporated into each resident's lease agreement, prohibited a resident, members of his or her household, and any guests from carrying a firearm (or other weapon) in any "common area" (spaces like a laundry room, corridor, "community room" or parking area), unless the firearm or weapon was being transported to or from the resident's unit, or was being used in self-defense. A violation of this policy was grounds for immediate termination of the lease and eviction.

Another policy required the resident, household member, or guest to have available for inspection any permit, license, or other document required by law for the ownership, possession, or transport of any firearm (including a license to carry a concealed weapon) when there was reasonable cause to believe that the law or policies had been violated. The WHA claimed these policies were a "carefully crafted and balanced" approach that reconciled firearm rights with minimizing the risk of accidental or intentional shootings and "the alarm caused by having weapons displayed" in common areas, which (according to the WHA) were really not part of the resident's "home."

Two residents disagreed and filed suit, alleging these restrictions violated their right to bear arms. In 2012, a federal district court upheld the policies as valid under the Second Amendment. Although public housing was, fundamentally, a home, "not every square foot of public housing was any individual's …home.'" Assessing the validity of the policies, the court purported to reject the use of a deferential "reasonable regulation test."  Its notably superficial analysis, however, found that by limiting guns in common areas, the WHA limited "potential violence," and that "safety [was] best promoted by prohibiting possession of firearms in common areas." All that was needed was "a reasonable fit" between the policy and the WHA's interest in protecting the safety of those on the premises.

The residents appealed to the U.S. Court of Appeals for the Third Circuit, arguing the relevant consideration was the Delaware Constitution, not the U.S. Constitution. The Third Circuit agreed, sending the case to the Delaware Supreme Court for a ruling under Article I, Section 20 of the Delaware Constitution ("A person has the right to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use").  The National Rifle Association of America filed an amicus brief in support of the residents, arguing strongly that the WHA policy "flatly contradicts Article I, Section 20 of the Delaware Constitution."

In Tuesday's ruling, Doe v. Wilmington Housing Auth., No. 403, 2013, 2014 WL 1032699 (Del. Mar. 18, 2014), the Supreme Court of Delaware agreed. It confirmed that the right to bear arms under Delaware law was not limited to the "home" (however defined), and that the core of the right consisted of a purpose, lawful defense of self, family, and home, not a place.

The court further ruled that the Delaware right to keep and bear arms was intentionally broader than the district court's reading of the Second Amendment and protected the right to bear arms outside the home. The "distinctive language" of Delaware's Constitution and its legislative history demonstrated an intent to provide a right to keep and bear arms independent of the federal right.

This right was deemed a "fundamental right." While government actions affecting fundamental rights are almost invariably evaluated using the highest judicial test ("strict scrutiny"), the court in this case determined, unfortunately, that a lessened level of review was justified because the right was "not absolute." In applying intermediate scrutiny (where the governmental action must serve important governmental objectives and must be substantially related to the achievement of those objectives), the court nonetheless found that the common areas policy overreached its stated purpose. Given the objective (preventing the unsafe discharge of firearms), the policy did more than prohibit unsafe use; it banned almost all possession.

Moreover, WHA residents do have a possessory interest in the common areas, not just their units. Under the policy, "reasonable, law-abiding adults" were liable to "become disarmed and unable to repel an intruder by force in any common living areas when the intervention of society on their behalf may be too late to prevent an injury." Clearly, the policy "severely burden[ed] the right [to bear arms] by functionally disallowing armed self-defense in areas that Residents, their families, and guests may occupy as part of their living space. Section 20 of the Delaware Constitution precludes the WHA from adopting such a policy." The documentation policy that enforced the unconstitutional common areas policy was held to be unconstitutional as well.

The court pointed out specifically that the policies were not sustainable simply because the WHA claimed to be acting as a landlord and not as a government or sovereign authority. There was a critical distinction between government property used for housing, and government property used for providing "services typically provided to the public on government property," and residents of government property didn't waive their firearm rights simply by virtue of their occupancy.  "The individual's need for defense of self, family, and home in an apartment building is the same whether the property is owned privately or by the government."

Thanks to the court's ruling, residents of the WHA will no longer be treated as second class citizens with respect to their Second Amendment rights.

TRENDING NOW
NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

News  

Monday, December 15, 2025

NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

It is indeed that time of year. Time for the 65th annual National Defense Authorization Act (NDAA). This critical federal legislation specifies the budget and policies for the United States Department of Defense for the next fiscal year. 

SCOTUS Denies Cert in NRA-ILA Challenge to NFA Short-Barreled Rifle Restrictions

Monday, December 15, 2025

SCOTUS Denies Cert in NRA-ILA Challenge to NFA Short-Barreled Rifle Restrictions

The U.S. Supreme Court denied certiorari in Rush v. United States, a challenge to the National Firearms Act of 1934’s restrictions on short-barreled rifles.

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

Thursday, December 11, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

The National Rifle Association joined the Second Amendment Foundation, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and Citizens Committee for the Right to Keep and Bear Arms in filing ...

ATF Proposes Helpful Reforms for Travel with NFA Items

News  

Monday, December 8, 2025

ATF Proposes Helpful Reforms for Travel with NFA Items

Until the National Firearms Act is a relic of the past, every little bit that makes it easier to navigate can surely help. In recent weeks, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) ...

Buckle Up, Friends: DOJ Opens New 2A Division, Promises “A Lot More Action” to Safeguard Rights

News  

Monday, December 15, 2025

Buckle Up, Friends: DOJ Opens New 2A Division, Promises “A Lot More Action” to Safeguard Rights

In a landmark accomplishment in furtherance of President Donald J. Trump’s Executive Order on the Second Amendment, the U.S. Department of Justice (DOJ) has announced the creation of a new section under its Civil Rights Division - ...

Just One More Step: Australia’s New Weapon Laws

News  

Monday, March 24, 2025

Just One More Step: Australia’s New Weapon Laws

Australia implemented a firearm ban and mandatory confiscation in 1996 pursuant to the National Firearms Agreement, in which nearly 700,000 privately-owned firearms were turned in to the government and destroyed. 

George Soros’s Open Society Funded Foreign Agents’ Lawsuits Against U.S. Gun Industry

News  

Monday, December 15, 2025

George Soros’s Open Society Funded Foreign Agents’ Lawsuits Against U.S. Gun Industry

Earlier this month, the Washington Free Beacon ran a piece titled, “‘Assault on Our Sovereignty’: How George Soros Funds Foreign Government Lawsuits Against American Gun Makers.”

Minnesota: Governor Walz Issues Two Gun Control Executive Orders

Tuesday, December 16, 2025

Minnesota: Governor Walz Issues Two Gun Control Executive Orders

With the holiday season upon us, former VP candidate Governor Tim Walz has once again proven his "Bah Humbug" stance on the Second Amendment. 

Third Circuit Grants Rehearing En Banc in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Thursday, December 11, 2025

Third Circuit Grants Rehearing En Banc in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Today, the Third Circuit Court of Appeals granted rehearing en banc in Siegel v. Platkin, an NRA-supported challenge to New Jersey’s carry restrictions.

UK Continues Perilous Slide into 1984 Territory

News  

Monday, December 8, 2025

UK Continues Perilous Slide into 1984 Territory

By now, many of you have probably heard about the British subject (we are not really sure they should be called citizens anymore) who, after visiting the United States and enjoying the firearm freedoms many ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.