It's Delaware but still a huge case. They have a program going on in New Jersey that ill be bringing up shortly. I'm waiting to get the paperwork in hand because it will blow people minds.

 

http://www.usatoday.com/story/news/nation/2013/05/26/nra-guns-public-housing/2362591/

 

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Crap. Judge Stark is one of the three judges on our right to carry case in NJ. He's an Obama appointee too.

This a scary case. It basically shows the government does not want guns in your homes

 

 

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Did they rule about the original policy or the amended one? The original policy banned all guns in public housing. It was then amended to only cover common areas, lobbies, and laundry rooms. Given the multiple occupancy aspect of public housing I can see how common areas would be similar to being out in your neighborhood so state transport laws need to be followed. Can't just CCW just because its a single building.

Did they rule about the original policy or the amended one? The original policy banned all guns in public housing. It was then amended to only cover common areas, lobbies, and laundry rooms. Given the multiple occupancy aspect of public housing I can see how common areas would be similar to being out in your neighborhood so state transport laws need to be followed. Can't just CCW just because its a single building.

  According to the article the Judge ruled on the amended policy with limitations on the restrictions to those common areas and such.

How about no drugs in public housing?  And what about no gang members too!!!!

National experts have said that ruling in this Delaware case could set a national precedent for how far public housing authorities are allowed to restrict gun ownership by residents.

 

The initial NRA-backed lawsuit was filed in June 2010 in the Delaware Court of Chancery seeking to overturn a flat ban on all guns in Wilmington public housing. The suit was transferred to U.S. District Court at the request of the city housing authority because it involved federal constitutional issues.

 

Shortly after the case ended up in District Court, following several rulings by the U.S. Supreme Court, the WHA dropped its flat ban on all weapons without a trial and allowed residents to keep guns for protection, though it limited guns in common areas like lobbies, lounges and laundry rooms.

 

The NRA, however, did not drop the lawsuit and forced a ruling by U.S. District Court Judge Leonard Stark on claims that the new gun restrictions were unconstitutional.

 

In August 2012, Stark sided with the WHA, ruling the restrictions were limited and reasonable and did not violate Second Amendment rights.

 

 

Didn't know that open carry in "common areas like lobbies, lounges and laundry rooms" was permitted in public housing in New  Jersey.

 

http://usatoday30.usatoday.com/news/nation/story/2012-08-01/gun-restrictions-wilmington/56644990/1

 

I do understand why a public housing tenant might want a gun. But I thought that a landlord in the private sector can prohibit a tenant from keeping firearms -- not just in public areas -- just like he can prohibit tenants from keeping pets or parking trucks or RVs in the parking lot.

 

AFAIK, illegal drugs are prohibited everywhere, including public housing in New Jersey and Delaware.

Didn't know that open carry in "common areas like lobbies, lounges and laundry rooms" was permitted in public housing in New  Jersey.

 

http://usatoday30.usatoday.com/news/nation/story/2012-08-01/gun-restrictions-wilmington/56644990/1

 

I do understand why a public housing tenant might want a gun. But I thought that a landlord in the private sector can prohibit a tenant from keeping firearms -- not just in public areas -- just like he can prohibit tenants from keeping pets or parking trucks or RVs in the parking lot.

 

AFAIK, illegal drugs are prohibited everywhere, including public housing in New Jersey and Delaware.

Would you willing want to live in a residence that banned firearms?  No thanks I'd rather live out of my car.

The thread title is misleading. There was an outright ban, but that was changed. The ban is only in common areas. You can in fact have firearms inside your home in these public housing units.

National experts have said that ruling in this Delaware case could set a national precedent for how far public housing authorities are allowed to restrict gun ownership by residents.

 

The initial NRA-backed lawsuit was filed in June 2010 in the Delaware Court of Chancery seeking to overturn a flat ban on all guns in Wilmington public housing. The suit was transferred to U.S. District Court at the request of the city housing authority because it involved federal constitutional issues.

 

Shortly after the case ended up in District Court, following several rulings by the U.S. Supreme Court, the WHA dropped its flat ban on all weapons without a trial and allowed residents to keep guns for protection, though it limited guns in common areas like lobbies, lounges and laundry rooms.

 

The NRA, however, did not drop the lawsuit and forced a ruling by U.S. District Court Judge Leonard Stark on claims that the new gun restrictions were unconstitutional.

 

In August 2012, Stark sided with the WHA, ruling the restrictions were limited and reasonable and did not violate Second Amendment rights.

 

 

Didn't know that open carry in "common areas like lobbies, lounges and laundry rooms" was permitted in public housing in New Jersey.

 

http://usatoday30.usatoday.com/news/nation/story/2012-08-01/gun-restrictions-wilmington/56644990/1

 

I do understand why a public housing tenant might want a gun. But I thought that a landlord in the private sector can prohibit a tenant from keeping firearms -- not just in public areas -- just like he can prohibit tenants from keeping pets or parking trucks or RVs in the parking lot.

 

AFAIK, illegal drugs are prohibited everywhere, including public housing in New Jersey and Delaware.

 

One that landlord is a private party. The contract limits you. Contracts signed under duress tend not to be binding. your average lessor/lessee relationship pursued by a renter at large has a very viable option for the renter to choose another unit on the open market. They also can negotiate the terms of the lease.

 

Two, the courts have set precedent that lease terms that ban arms open up the landlord to liability to provide increased security to their renters.

 

The government's position as landlord in public housing to those financially unable to seek a unit elsewhere changes the mechanism by which a private party may offer you the opportunity to sign your rights away.

This is in del. open carry is legal. But this is a step inside a home.

 

 

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The thread title is misleading. There was an outright ban, but that was changed. The ban is only in common areas. You can in fact have firearms inside your home in these public housing units.

 

That's how I read it. "Shortly after the case ended up in District Court, following several rulings by the U.S. Supreme Court, the WHA dropped its flat ban on all weapons without a trial and allowed residents to keep guns for protection, though it limited guns in common areas like lobbies, lounges and laundry rooms."

 

The WHA started with a universal ban, and I'd have to guess that their lawyers told them that they'd lose, so they changed it. But the NRA kept going with the lawsuit anyway, grasping defeat from the jaws of victory.

 

I don't think the gov't should be in the housing business (or the bike rental business) in the first place.

What gets me with this is if it's private property it's up to the owner. If the owner is anti they can say no guns allowed. Now in this case it's up to the government. Who is suppose to follow the constitution and laws. In this case they decided to follow neither. It shows in my eyes what the gov actually wants. No guns. It's not like this is taking place in nj where open carry is illegal by state law. They are actually doing the opposite of state law.

this might sound stupid......but "public housing" means? 

 

 is that you living in an apt? or is it you getting your apt paid for by the govt?

 

 if they mean you having your own apt paid for by your own money, then it's bull. if they mean an apt that you're being put in by govt money, then i've got no problem with it, as it's simply a condition of you having that apt. don't like the conditions, then don't take the money.

This goes on the argument of the wealthy only owning guns. Also think of seniors. A lot of the elderly end up in homes

 

 

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Is this any Section 8 (or equivalent) housing or just a tenant building with common areas?

 

Then again, who would ever know?  My Beretta carry case looks exactly like my Craftsman 18-volt drill carry case.

Here is why it's a bad idea

 

 

 

http://www.nj.com/gloucester-county/index.ssf/2013/03/trio_of_robbers_of_east_greenw.html

 

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this might sound stupid......but "public housing" means? 

 

 is that you living in an apt? or is it you getting your apt paid for by the govt?

 

 if they mean you having your own apt paid for by your own money, then it's bull. if they mean an apt that you're being put in by govt money, then i've got no problem with it, as it's simply a condition of you having that apt. don't like the conditions, then don't take the money.

 

 

 

http://en.wikipedia.org/wiki/Public_housing

 

Public housing

From Wikipedia, the free encyclopedia

 

Public housing is a form of housing tenure in which the property is owned by a government authority, which may be central or local. Social housing is an umbrella term referring to rental housing which may be owned and managed by the state, by non-profit organizations, or by a combination of the two, usually with the aim of providing affordable housing. Social housing can also be seen as a potential remedy to housing inequality.

 

Although the common goal of public housing is to provide affordable housing, the details, terminology, definitions of poverty and other criteria for allocation vary within different contexts.

 

 

AFAIK, generally would mean gov't managed and gov't subsidized housing. It's gov't owned and gov't subsidized because it's not a market segment that the private sector is enthusiastic about entering.

 

A private sector landlord would be well within his rights to prohibit (or even to require) firearms, as well as pets, unregistered vehicles, occupants not specified in the lease, large numbers of visitors, etc. If he finds that a tenant is violating the terms of his lease, he can evict the tenant.

 

The conundrum here is that the court seems to have ruled that a state entity has the ability to restrict a right that's guaranteed by the US and the Delaware constitutions -- on state property. I will be interesting to see where the NRA goes with this -- and I don't deny it's worth :popcorn: some popcorn. Practically speaking, I'd take Delaware's firearms laws over New Jersey's any day of the week.

Del state laws are 1000 times better. Open carry, conceal with permit, no awb, any mag size you want. Gimme gimme

public housing = the projects

One thing to ask is, does this apply only to people who live there? What if a visitor were to carry can he face criminal charges?

 

Seems like this is more of a regulation for living there than a law

One thing to ask is, does this apply only to people who live there? What if a visitor were to carry can he face criminal charges?

 

Seems like this is more of a regulation for living there than a law

 

 

I assume if all guns are banned, it does not just apply to residents. It applies to everyone except law enforcement. 

I don't understand. If open carry is legal throughout Delaware, there is no grounds to prohibit in the public housing when it's allowed on other public land.

 

I call shenanigans.

Third circuit kicked it back to Delaware supreme court to weigh in and possibly overturn.

 

http://www.courierpostonline.com/article/BL/20130801/NEWS01/308010049/NRA-wins-initial-round-allowing-guns-public-housing?gcheck=1

Didn't know that open carry in "common areas like lobbies, lounges and laundry rooms" was permitted in public housing in New  Jersey.

 

http://usatoday30.usatoday.com/news/nation/story/2012-08-01/gun-restrictions-wilmington/56644990/1

 

I do understand why a public housing tenant might want a gun. But I thought that a landlord in the private sector can prohibit a tenant from keeping firearms -- not just in public areas -- just like he can prohibit tenants from keeping pets or parking trucks or RVs in the parking lot.

 

AFAIK, illegal drugs are prohibited everywhere, including public housing in New Jersey and Delaware.

 

 

A landlord can do so via contract. However, in doing so they take upon themselves and increased responsibility to ensure the safety of their tenants. Ny making it state law, the state avoids issues of the contract being under duress, and taking on additional liability. 

Third circuit kicked it back to Delaware supreme court to weigh in and possibly overturn.

 

http://www.courierpostonline.com/article/BL/20130801/NEWS01/308010049/NRA-wins-initial-round-allowing-guns-public-housing?gcheck=1

Wut??

Willoughby told the panel that Delaware is an open-carry state, meaning you don’t need any kind of permit if you carry a gun out in the open. Combining that with no limits on guns in common areas of public housing could lead to a situation where the one who slaps down the biggest gun in the TV room gets the remote, he said.

 

So it's legal outside, and it's legal in your "apartment".. but if we allow it in our common spaces it will be a war-zone?

So it's legal outside, and it's legal in your "apartment".. but if we allow it in our common spaces it will be a war-zone?

 

Thank you! I'm glad somebody understands. 

 

I mean, you are of course safe inside your own home/apartment or whatever, because it's your home. And outside you are safe, because that is where the police are to protect you. But these common areas, no police, no safety of your own home, equals war-zone. I don't know if you spend much time in DE, but like 90% of all crime takes place in common  spaces. Death traps. You add more guns to the mix, it gives Syria a run for their money.