Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Delaware Supreme Court Sides with Public Housing Tenants on the Right to Bear Arms

Thursday, November 6, 2014

On March 18, the Delaware Supreme Court struck a blow for gun rights, and against economic discrimination, when it struck down a Wilmington Housing Authority policy that restricted the rights of public housing tenants to bear arms where they live. The court ruled in the case of Jane Doe v. Wilmington Housing Authority that under the state’s constitutional right to arms provision, policies restricting residents from carrying firearms in common areas and requiring tenants to produce paperwork attesting to their lawful ownership of firearms were not permissible.

The case originated in 2010 when two public housing residents, identified in the litigation as Jane Doe and Charles Boone,filed suit against the WHA, contending that the agency’s rules violated both the U.S. Constitution’s Second Amendment and the Delaware Constitution. The NRA provided direct assistance in the filing of the suit.

Article I, § 20 of the Delaware Constitution states, “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.” Both Doe and Boone’s lease agreements had onerous rules regarding firearms in housing under WHA jurisdiction. In particular, Boone took issue with a rule stating that tenants could not, “display, use or possess… any firearms, (operable or inoperable) or dangerous instruments or deadly weapons as defined by the laws of the State of Delaware anywhere on the property of the Authority.”

The case was making its way through the U.S. District Court in Delaware when the U.S. Supreme Court ruled in McDonald v. Chicago that the Second Amendment binds not just federal actions but those of states and their localities as well. Following the Supreme Court’s ruling, the WHA revised the worst aspects of its firearm policy and allowed for possession of firearms within a tenant’s unit. 

The WHA nevertheless continued its approach of not allowing firearms in common areas. The new policy stated that a resident “[s]hall not display or carry a firearm or other weapon in any common area,” and included a provision requiring that residents “[s]hall have available for inspection a copy of any permit, license, or other documentation required by state, local, or federal law for the ownership, possession, or transportation of any firearm or other weapon, including a license to carry a concealed weapon… upon request, when there is reasonable cause to believe that the law or this Policy has been violated.”

The District Court ruled in favor of the WHA, with Judge Leonard P. Stark writing in the court’s opinion that the “Common Area Provision regulates conduct that is not within the ‘core’ of what is protected by the Second Amendment.” This action prompted the tenants to appeal their case to the U.S. Court of Appeals for the Third Circuit. 

In July 2013, the Third Circuit certified the caseto the Delaware Supreme Court. The Third Circuit requested the Delaware court to rule on whether, under Article I, § 20 of the Delaware Constitution, the WHA’s firearm policies regarding carry in common areas and production of documents were permissible. Under the principles of federalism, state courts are considered to be ultimate arbiters of state laws that do not implicate the U.S. Constitution or federal law. 

In analyzing whether the Delaware State Constitution bars the WHA’s policies, state Justice Henry Ridgley, writing for the en banc court, provided background on the right to bear arms in the First State. His opinion noted that “Delaware is an ‘open carry’ state,” and that “[l]ike the citizens of our sister states at the founding, Delaware citizens understood that the ‘right of self-preservation’ permitted a citizen to ‘repe[l] force by force’.” Ridgley went on to explain that although Delaware did not include a provision protecting the right to keep and bear arms at the state constitutional convention of 1791, “there was an apparent consensus among the delegates on an individual’s right to bear arms for self-defense.” With regard to the adoption of the right to keep and bear arms provision in 1987, Ridgley noted that the General Assembly intended to “explicitly protect[] the traditional right to keep and bear arms.”

The Delaware court also found that “the Delaware provision is intentionally broader than the [district court’s reading of the] Second Amendment and protects the right to bear arms outside the home, including for hunting and recreation.” Thus, according to Ridgley, “Section 20 is not constrained by the federal precedent relied upon by WHA.”

The Delaware court went on to apply an intermediate scrutiny test to the WHA policy barring firearm possession in common areas, under which “[t]he governmental action cannot burden the right more than is reasonably necessary to ensure that the asserted governmental objective is met.” Ridgley’s opinion explained that “WHA must show more than a general safety concern and it has not done so.” It then found that the burden the WHA policy places on tenants is substantial: “With the Common Area Provision in force under penalty of eviction, reasonable, law-abiding adults become disarmed and unable to repel an intruder by force in any common living areas.” Moreover, the opinion states, “the restrictions of the Common Area Provision are overbroad and burden the right to keep and bear arms more than is reasonably necessary.”

In striking down the policy requiring that residents produce evidence of their lawful ownership of a firearm, the court reasoned that since this policy was enacted to enforce the common area ban, which is unconstitutional, the paperwork requirement is illegal as well.

NRA had been involved with this battle to protect the rights of Delaware’s disadvantaged through its various stages, and filed a friend of the court brief with the Delaware Supreme Court in September 2013. The ruling is an important victory for the residents of Delaware and represents a triumph over gun control policies that all-too-often disproportionately affect the poor.

TRENDING NOW
NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

Colorado: Gun Control Bills Pass House After Weekend Votes

Sunday, April 21, 2024

Colorado: Gun Control Bills Pass House After Weekend Votes

After holding late-night votes until close to midnight on Saturday, April 20th, the Colorado House passed three anti-gun bills on their third reading, including liability insurance mandates, an 11% excise tax, and a state-level permitting systems for FFL's. 

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

News  

Monday, April 22, 2024

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

On Friday, ATF provided the unpleasant surprise of yet another rulemaking to implement the noxious Bipartisan Safer Communities Act (BSCA). 

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

News  

Monday, April 22, 2024

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

Along with “assault weapon” bans, so-called “high capacity” magazine restrictions are a cornerstone of modern gun control.

NRA Scores Legal Victory in Dispute with DC Attorney General

News  

Thursday, April 18, 2024

NRA Scores Legal Victory in Dispute with DC Attorney General

The National Rifle Association of America (NRA) has announced a legal victory in a high-profile governance matter brought by the Office of the Attorney General for the District of Columbia (DCAG).

Tennessee: Governor Lee Signs Legislation Protecting Financial Privacy of Gun Owners

Wednesday, April 24, 2024

Tennessee: Governor Lee Signs Legislation Protecting Financial Privacy of Gun Owners

Yesterday, Governor Bill Lee signed SB 2223/HB 2762, legislation that provides important financial privacy protections for gun owners when purchasing firearms, firearm parts, and ammunition. NRA would like to thank Governor Lee for signing this critical piece ...

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

Monday, April 22, 2024

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

On Friday April 19th, Governor Kim Reynolds signed House File 2586 and House File 2464 into law. The NRA would like to thank Governor Reynolds and the supporters in the Iowa legislature for their continued commitment to ...

Nevada Supreme Court Upholds “Ghost Gun” Regulations

Monday, April 22, 2024

Nevada Supreme Court Upholds “Ghost Gun” Regulations

The Supreme Court of Nevada upheld Nevada’s regulations on so-called “ghost guns” in Sisolak v. Polymer80, holding that the statutes are not unconstitutionally vague.

Colorado: Mandatory Vehicle Storage and Training Requirements On The Move!

Tuesday, April 23, 2024

Colorado: Mandatory Vehicle Storage and Training Requirements On The Move!

On Monday, April 22nd, the Colorado Senate passed two anti-gun bills, HB 24-1348 (mandatory vehicle storage) and HB 24-1174 (increased training requirements for concealed carry permits).

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.