Guns Rights Victory in Delaware

Via LH

In response to a question from the Third Circuit Court of Appeals, The Delaware Supreme Court has ruled in Doe v. Wilmington Housing Authority that Section 20 of the Delaware Constitution, passed in 1987, is more extensive than 3rd Circuit precedent recognizes for the 2nd Amendment, which does not extend outside the home. Delaware’s Section 20 explicitly recognizes a right to carry outside the home for self-defense.

At issue is Wilmington Housing Authority’s revised regulations on guns, which prohibits carrying firearms in common areas. The Delaware Supreme Court argues they violate Section 20 of the Delaware Constitution. The Court uses intermediate scrutiny here, but they do a much more honest analysis at that level than most courts, which have really just instituted rational basis review under the guise of intermediate scrutiny. Here’s the Court:

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