Delaware Supreme Court Recognizes Right to Bear Arms Outside Home

Doe v. Wilmington Housing Authority, et al., Del. Supr., No. 403, 2013 (March 18, 2014).

Important Case: Today’s unanimous Delaware Supreme Court opinion, en banc, is one of the few in the country that has expressly recognized that there is a constitutional “right to bear arms outside the home”. Slip op. at 17. In particular, this decision was based on Article I, Section 20 of the Delaware Constitution, which provides broader rights than the Second Amendment to the U.S. Constitution. This case involved the rights of residents of a housing authority in Wilmington that were subject to eviction for exercising their fundamental right to self defense.

Prior decisions and procedural history in this matter were highlighted on these pages. Many thanks to the National Rifle Association for providing financial support for the author of this blog to vindicate the rights of the housing authority residents.