State lawmakers support legislation to overturn the gun bans if housing authority officials ignore the NRA’s demand letters.
In four strongly-worded letters, the National Rifle Association has put the state’s public housing authorities on notice: they should voluntarily remove their prohibitions against individual firearms ownership to avoid a lawsuit.
NRA General Counsel Robert Dowlut sent the letters via e-mail Monday to the executive directors of the four housing authorities that operate their own low-income housing in Delaware.
“It has been brought to our attention by members of the National Rifle Association and by the Caesar Rodney Institute that the Dover Housing Authority, Newark Housing Authority, and Wilmington Housing Authority contain lease provisions that prohibit a resident from possessing a firearm. Such a restriction is unconstitutional,” Dowling wrote in a letter to the Delaware State Housing Authority.
A CRI special report published Monday revealed that many public housing residents feel trapped in their homes because of crime in their communities, because they are prohibited from owning firearms for self-defense.
To support the unconstitutionality of the bans, Dowlut cited Article I, § 20 of the Delaware Constitution, which guarantees, “A person has the right to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use.”
“Furthermore, the United States Supreme Court in District of Columbia v. Heller… held that the right to keep an operable firearm in the home for self-defense is a core right guaranteed by the Second Amendment,” Dowlut told the executive directors. “Consequently, the court struck down a ban on the possession of handguns and a ban on the possession of operable firearms in the home.”
The government cannot place conditions on an entitlement to a benefit, such as public housing, by requiring the tenants to surrender a constitutional right, such as the right to keep and bear arms, Dowlut wrote.
None of the four housing authority executive directors responded to calls seeking comment for this story.
John Thompson is president of the Delaware State Sportsmen’s Association (DSSA), the state NRA affiliate.
Thompson said the DSSA will work “hand in hand” with the NRA to overturn the bans.
“I find the arrogance of the public officials responsible for this to be amazing,” Thompson said. “They publically express their concern for these people, yet at the same time they leave them defenseless. They presume to know what’s best for others, without any concern for what the people want.”
Lawmakers respond
The Caesar Rodney Institute was told Monday by members of all four legislative caucuses that they would support legislation to overturn the gun bans.
“I think we should be taking a look at it,” said Sen. Joe Booth, R-Bridgeville. “I do think they have the right to protect themselves in their own household.”
Booth recalled the recent DSSA candidates’ forum held last month in Dover, which drew more than two-dozen candidates for office and 600 people.
“There was a boat-load of politicians who got up there and said they’d defend the Second Amendment,” Booth said. “Here’s a clear case and we need to take a look at it. This is a stand-up-and-be-counted thing.”
Thompson hopes the housing authorities educate themselves about the law before deciding upon a response to the NRA’s letters.
“My crystal ball is kind of cloudy, but initially I think they’ll resist, just because I don’t think they’re familiar with the issues, and they’re not aware of the success the NRA has had around the country,” he said. “Until they get competent legal advice, I think they’ll get their backs up and stand their ground, for a while.”
Reprinted with permission from the Caesar Rodney Institute