March 19, 2014
CIVIL RIGHTS UPDATE: 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.