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568 F. App'x 128
3rd Cir.
2014
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Background

  • Appellants Jane Doe and Charles Boone sued the Wilmington Housing Authority challenging revised firearms policy provisions.
  • District Court held Common Area Provision (par. 3) and Reasonable Cause Provision (par. 4) did not violate the Second Amendment or Article I, § 20 of the Delaware Constitution.
  • Appellants appealed only the Delaware Constitutional ruling, not the Second Amendment ruling.
  • The Delaware Supreme Court certified two questions on Delaware constitutional law regarding firearm restrictions in public housing.
  • The Delaware Supreme Court answered the certified questions in the negative, applying intermediate scrutiny and holding the challenged provisions unconstitutional.
  • The court adopted the Delaware Supreme Court’s reasoning and remanded for judgment consistent with that guidance.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
May WHA prohibit displaying or carrying firearms in common areas? Doe contends Article I, § 20 protects bear arms in common areas. WHA argues policy reasonably regulates guns in common areas for safety. Denied; provision unconstitutional under Article I, § 20.
May WHA require residents to produce firearm documentation on reasonable cause? Doe argues inspection requirement infringes rights without justification. WHA asserts reasonable-cause inspection aligns with law enforcement and safety. Denied; provision unconstitutional under Article I, § 20.

Key Cases Cited

  • Doe v. Wilmington Hous. Auth., 88 A.3d 654 (Del. 2014) (Del. Supreme Court decision on Delaware constitutional interpretation of Article I, § 20)
  • Doe v. Wilmington Hous. Auth., 880 F. Supp. 2d 513 (D. Del. 2012) (district court decision addressing the challenged provisions)
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Case Details

Case Name: Doe v. Wilmington Housing Authority
Court Name: Court of Appeals for the Third Circuit
Date Published: Jun 6, 2014
Citations: 568 F. App'x 128; 12-3433
Docket Number: 12-3433
Court Abbreviation: 3rd Cir.
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    Doe v. Wilmington Housing Authority, 568 F. App'x 128