In another victory for a broader interpretation of Second Amendment rights outside the home, the Delaware supreme court has ruled that the Wilmington Housing Authority cannot limit the right to keep and bear arms to the interior of its properties.
More at:
BREAKING: DE Supreme Court Rules RKBA Extends Outside the Home | The Truth About Guns
The DE Supreme Court's opinion here:
http://www.thetruthaboutguns.com/wp...E_V_WHA_-_SUPREME_COURT_OPINION_U00946381.pdf
The Washington Post, "The Volokh Conspiracy" column, "Public housing tenants have a right to bear arms, even in common areas":
So holds Tuesday’s Delaware Supreme Court decision in Doe v. Wilmington Housing Authority) (Del. Mar. 18, 2014). The court applied the Delaware Constitution’s right to bear arms provision — “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” — and the court noted that this language may justify broader protection than that given by the Second Amendment. Still, the precedent is likely to prove influential in other states as well, since the case deals with having guns for self-defense, which D.C. v. Heller has held is covered by the Second Amendment. (If the case had dealt with hunting and recreational use, for instance, the matter might well have been different.)
More at:
Public housing tenants have a right to bear arms, even in common areas
If this decision can be built upon (e.g., a right to bear arms in public for self-defense), you guys may be going virtual/judicial/constructive "Shall Issue" Right to Carry and this map may be changing again.... Cheesy
But then again, since you've got legal Open Carry the court may say that is the right and you'll have to do what Ohio did in the early 2000s (2003?), to force your legislature and governor to pass Shall Issue.
More at:
BREAKING: DE Supreme Court Rules RKBA Extends Outside the Home | The Truth About Guns
The DE Supreme Court's opinion here:
http://www.thetruthaboutguns.com/wp...E_V_WHA_-_SUPREME_COURT_OPINION_U00946381.pdf
The Washington Post, "The Volokh Conspiracy" column, "Public housing tenants have a right to bear arms, even in common areas":
So holds Tuesday’s Delaware Supreme Court decision in Doe v. Wilmington Housing Authority) (Del. Mar. 18, 2014). The court applied the Delaware Constitution’s right to bear arms provision — “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” — and the court noted that this language may justify broader protection than that given by the Second Amendment. Still, the precedent is likely to prove influential in other states as well, since the case deals with having guns for self-defense, which D.C. v. Heller has held is covered by the Second Amendment. (If the case had dealt with hunting and recreational use, for instance, the matter might well have been different.)
More at:
Public housing tenants have a right to bear arms, even in common areas
If this decision can be built upon (e.g., a right to bear arms in public for self-defense), you guys may be going virtual/judicial/constructive "Shall Issue" Right to Carry and this map may be changing again.... Cheesy
But then again, since you've got legal Open Carry the court may say that is the right and you'll have to do what Ohio did in the early 2000s (2003?), to force your legislature and governor to pass Shall Issue.