March 18, 2014
Written by Dan Zimmerman
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.
[Click here to read the decision.] Doe v. Wilmington Housing Authority, challenged the original ban of firearms from all WHA properties. That policy was amended to prohibit firearms in common areas after the Chicago McDonald decision. But today’s ruling (available here) makes clear that the Second Amendment extends beyond the limits of the home. Here’s the money quote:
“…our interpretation of Section 20 is not constrained by the federal precedent relied upon by the WHA, which explains that at the core of the Second Amendment is the right of law-abiding, responsible citizens to use arms in defense of ‘hearth and home.’ We agree with Residents that Article I, Section 20 is not a mirror image of the Second Amendment and that the scope of the protections it provides are not limited to the home.”