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
Connecticut’s “Convertible Pistol” Ban Picks up Where California’s Overreach Left Off

News  

Monday, February 23, 2026

Connecticut’s “Convertible Pistol” Ban Picks up Where California’s Overreach Left Off

What the Second Amendment community has long known has become increasingly difficult for gun grabbers to deny: no handgun is safe from the prohibitionist agenda.

Minnesota: Hearing on Semi-Auto and Magazine Bans Next Week

Friday, February 20, 2026

Minnesota: Hearing on Semi-Auto and Magazine Bans Next Week

On Tuesday, February 24th, the House Public Safety Finance and Policy committee will hold a hearing on two all-encompassing ban bills, House File 3433 and House File 3402

Firearms Industry “Responsible Controls” Legislation is an Existential Threat to Gun Owners

News  

Monday, February 23, 2026

Firearms Industry “Responsible Controls” Legislation is an Existential Threat to Gun Owners

Anti-gun activists think they have figured out a way around the Second Amendment, democratic accountability, and the federal Protection of Lawful Commerce in Arms Act (PLCAA) to impose a limitless raft of gun control on ...

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Tuesday, February 17, 2026

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Today, February 17th is the legislative crossover deadline in Virginia, and any bills that have not left their chamber of origin by the end of the day are considered dead for the session.

Virginia Gun Owners Face Magazine Confiscation!

Monday, February 2, 2026

Virginia Gun Owners Face Magazine Confiscation!

Astute Virginia gun owners anticipated terrible gun control legislation from the 2026 General Assembly. Still, some may be shocked to learn that anti-rights zealots in the Virginia Senate have advanced a bill to CONFISCATE standard capacity firearm ...

Breach of Canadian Firearm Owners’ Data: The Latest in a String of Failures

News  

Monday, February 23, 2026

Breach of Canadian Firearm Owners’ Data: The Latest in a String of Failures

Canada’s gun owners have no reason to trust the federal government, and whatever misplaced faith remains took a huge hit when details of a cybersecurity breach at the Canadian Firearms Program became public.

Minnesota: Gun Control Bills Stall in Committee

Wednesday, February 25, 2026

Minnesota: Gun Control Bills Stall in Committee

Following committee votes on Tuesday, February 24th, and Wednesday, February 25th, many of the most egregious gun controls bills in the legislature have stalled and may not receive further action this session.

Oregon: Floor Vote TODAY on Ballot Measure 114 Override Bill - LAST CHANCE TO TAKE ACTION!

Monday, February 23, 2026

Oregon: Floor Vote TODAY on Ballot Measure 114 Override Bill - LAST CHANCE TO TAKE ACTION!

Today, HB 4154 is scheduled for third reading and a vote on House Bill 4145, the Ballot Measure 114 override bill. This is the last opportunity for Second Amendment advocates to oppose this bill in the ...

NRA Files Amicus Brief to Protect Gun Owners’ Private Information

Wednesday, February 18, 2026

NRA Files Amicus Brief to Protect Gun Owners’ Private Information

Today, the National Rifle Association and Second Amendment Foundation filed an amicus brief in Hall v. Sig Sauer, urging a Pennsylvania federal court to reconsider an order requiring Sig Sauer to disclose its customers’ names and ...

Minnesota: Hearing Scheduled for Preemption Repeal Bill

Tuesday, February 24, 2026

Minnesota: Hearing Scheduled for Preemption Repeal Bill

Tomorrow, February 25th, the House Elections, Finance, and Government Operations Committee will hold a hearing on HF 3351, a statewide preemption repeal. 

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.