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