The Wilmington Housing Authority cannot restrict residents’ right to carry guns in public-housing common areas, nor can it require residents to produce their firearm permits upon request, the Delaware Supreme Court has ruled. The high court issued the ruling in response to certified questions of law from the U.S. Court of Appeals for the Third Circuit in a legal dispute between the housing authority and two of its residents.
Justice Henry duPont Ridgely, who authored the opinion, said the WHA’s restrictions “infringes the fundamental right of responsible, law-abiding citizens to keep and bear arms for the defense of self, family, and home.” The Supreme Court’s decision directly negates a 2012 ruling by U.S. District Judge Leonard P. Stark of the District of Delaware. Stark ruled in Doe v. Wilmington Housing Authority that the regulations did not violate the Second Amendment of the U.S. Constitution.
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