Thu Aug 2, 2012, 05:28 AM
SecularMotion (3,246 posts)
Gun ruling may become a model for the nationWILMINGTON, Del. -- In a decision that may become a model for the nation, a federal judge here ruled that gun restrictions imposed by the Wilmington Housing Authority on its residents are constitutional.
The housing authority's policy of prohibiting residents from openly carrying firearms in "common areas" of public housing buildings is reasonable and does not unduly restrict residents' Second Amendment right to own and possess a gun, U.S. District Judge Leonard P. Stark wrote in a 42-page opinion. "It is a good day for the residents of public housing," the housing authority's executive director, Frederick S. Purnell, said Tuesday, adding the policy is designed to protect the safety of tenants, not limit their rights. The plaintiffs in the National Rifle Association-financed lawsuit, residents Charles Boone and a woman only identified as "Jane Doe," could not be reached for comment. But their lawyer, Francis X. Pileggi, said the federal suit originally was filed to overturn a blanket ban on gun ownership in this city's public housing, "and that was changed after we filed a lawsuit." http://www.usatoday.com/news/nation/story/2012-08-01/gun-restrictions-wilmington/56644990/1
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31 replies, 2235 views
| Author | Time | Post | |
| SecularMotion | Aug 2012 | OP | |
| Missycim | Aug 2012 | #1 | |
| safeinOhio | Aug 2012 | #2 | |
| NewMoonTherian | Aug 2012 | #4 | |
| safeinOhio | Aug 2012 | #5 | |
| NewMoonTherian | Aug 2012 | #12 | |
| geckosfeet | Aug 2012 | #7 | |
| PavePusher | Aug 2012 | #13 | |
| geckosfeet | Aug 2012 | #24 | |
| PavePusher | Aug 2012 | #25 | |
| geckosfeet | Aug 2012 | #30 | |
| Callisto32 | Aug 2012 | #14 | |
| geckosfeet | Aug 2012 | #23 | |
| baldguy | Aug 2012 | #3 | |
| ileus | Aug 2012 | #6 | |
| geckosfeet | Aug 2012 | #8 | |
| safeinOhio | Aug 2012 | #9 | |
| spin | Aug 2012 | #10 | |
| 4th law of robotics | Aug 2012 | #28 | |
| rDigital | Aug 2012 | #20 | |
| ileus | Aug 2012 | #22 | |
| bongbong | Aug 2012 | #26 | |
| rDigital | Aug 2012 | #27 | |
| shadowrider | Aug 2012 | #31 | |
| spin | Aug 2012 | #11 | |
| davepc | Aug 2012 | #15 | |
| 4th law of robotics | Aug 2012 | #29 | |
| slackmaster | Aug 2012 | #16 | |
| Jenoch | Aug 2012 | #17 | |
| Glassunion | Aug 2012 | #18 | |
| aikoaiko | Aug 2012 | #19 | |
| petronius | Aug 2012 | #21 |
Response to SecularMotion (Original post)
Thu Aug 2, 2012, 05:46 AM
Missycim (950 posts)
1. So in other words
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If you are living in public housing you lose some Constitution rights?
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Response to Missycim (Reply #1)
Thu Aug 2, 2012, 06:14 AM
safeinOhio (7,477 posts)
2. Aaccording to the SC and
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It's most right wing member, there is no Constitutional right to carry any gun any where, only to own a handgun, in your own home. See the majority opinion by Scalia in McDonald vs Chicago. Every Constittuional right we have has some restriction. Perhaps you can come up with any other right that has no restriction?
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Response to safeinOhio (Reply #2)
Thu Aug 2, 2012, 06:39 AM
NewMoonTherian (883 posts)
4. 3rd amendment?
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Seriously though, I think you're on the wrong side of this one. A private apartment building - fine, they can set their own rules. A government housing authority should not be able to tell residents what they can't do in their homes, because they have no other option. And it absolutely is meant to limit their rights, despite the official's statement to the contrary, because no one can provide any factual evidence that open carry presents a threat to safety.
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Response to NewMoonTherian (Reply #4)
Thu Aug 2, 2012, 06:44 AM
safeinOhio (7,477 posts)
5. "common areas" of a government owned area?
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To change this they would also have to allow open carry in schools, courts and for jail visits.
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Response to safeinOhio (Reply #5)
Thu Aug 2, 2012, 10:00 AM
NewMoonTherian (883 posts)
12. What constitutes common areas?
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If this ruling allowed the authority to ban open carry in lounges and courtyards, it would be different. The article describes common areas as to include halls, so I can only assume it includes any publicly accessible part of the property. In that case, a resident can't move to or from his or her home without violating the ban.
I don't think they would have to change policy regarding any other place. Public housing deals with the homes of people who can't easily choose to live anywhere else. Special consideration has to be given to protect their rights. |
Response to NewMoonTherian (Reply #4)
Thu Aug 2, 2012, 07:03 AM
geckosfeet (8,893 posts)
7. Disagree. Citizens brought the suit. They did not like open carry in common public areas.
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I am ok with that. Conceal it and everyone is better off - including the person carrying.
Many states have brandishing laws - IMO this is no different. |
Response to geckosfeet (Reply #7)
Thu Aug 2, 2012, 10:13 AM
PavePusher (15,374 posts)
13. In other words, poll taxes are O.K.?
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Disgusting.
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Response to PavePusher (Reply #13)
Fri Aug 3, 2012, 07:28 AM
geckosfeet (8,893 posts)
24. Whaaaa? How did your brain make the jump to poll taxes?
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But if you want to make conceptual leaps here's one - you don't walk around with you dick hanging out, please conceal your gun too.
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Response to geckosfeet (Reply #24)
Fri Aug 3, 2012, 11:29 AM
PavePusher (15,374 posts)
25. Since one must pay a fee to exercise this Constitutional Right....
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Poll tax. No leap at all, it's exactly the same thing.
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Response to PavePusher (Reply #25)
Fri Aug 3, 2012, 06:12 PM
geckosfeet (8,893 posts)
30. Well. If you say so. But disagree.
Response to geckosfeet (Reply #7)
Thu Aug 2, 2012, 10:20 AM
Callisto32 (2,997 posts)
14. It is VERY different.
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Walking around with a holstered firearm in plain view is NOT brandishing.
Think about it, all the uniformed police would be "brandishing" all the time. Unless they get special rules, but no animals are ever more equal than other animals, right? |
Response to Callisto32 (Reply #14)
Fri Aug 3, 2012, 07:25 AM
geckosfeet (8,893 posts)
23. There are and they do.
Response to Missycim (Reply #1)
Thu Aug 2, 2012, 06:23 AM
baldguy (30,778 posts)
3. Someone didn't read the OP.
Response to SecularMotion (Original post)
Thu Aug 2, 2012, 07:03 AM
ileus (9,313 posts)
6. This is why we can't give an inch to these people.
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the grabbers know no limits...
First this threat to life and family, next a total ban. What a sad day for the 99% across America. |
Response to ileus (Reply #6)
Thu Aug 2, 2012, 07:04 AM
geckosfeet (8,893 posts)
8. Oh. Brother.
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Last edited Thu Aug 2, 2012, 07:09 AM USA/ET - Edit history (1) Have another glass of kewlade.
The NRA declined comment on the restrictions or Stark's ruling. NRA spokeswoman Jacqueline Otto said the important thing is that the right of residents of public housing to have a gun was upheld. Gun ruling may become a model for the nation |
Response to ileus (Reply #6)
Thu Aug 2, 2012, 07:17 AM
safeinOhio (7,477 posts)
9. Another reason to not give an inch
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To crazy gun nuts. Next they'll want to remove restrictions on mass murders open carrying and making it legal for anyone to carry chemical weapons for self defense. Then they'll want no restrictions on third graders carrying guns to school. It is a slippery slope to give in on any restrictions to them.
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Response to safeinOhio (Reply #9)
Thu Aug 2, 2012, 07:40 AM
spin (14,762 posts)
10. Is pepper spray a chemical weapon in your opinion?
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I legally carry pepper spray in Florida and I bought my spray from Amazon.com.
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Response to safeinOhio (Reply #9)
Fri Aug 3, 2012, 01:57 PM
4th law of robotics (6,801 posts)
28. Mass murderers are not allowed to own fire arms
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as they would necessarily be felons.
Unless you're talking about stripping them of their rights pre-emptively on the assumption that one day they may misuse those rights. If so I must ask, why stop with the 2nd? We could do far more good to prevent pre-crime by doing away with the 4th and 5th amendments and of course that pernicious first amendment. |
Response to ileus (Reply #6)
Fri Aug 3, 2012, 02:14 AM
rDigital (2,239 posts)
20. You can't give an inch
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because all they want is an outright gun ban. However, they are too cowardly to come out and say it. So they take the salami approach. One slice at a time.
First, they'll try and take semi-auto rifles. Then, handguns. Then pump shotguns. Finally your hunting rifle, sorry I meant high powered sniper rifle. |
Response to rDigital (Reply #20)
Fri Aug 3, 2012, 07:12 AM
ileus (9,313 posts)
22. well yeah most know that...
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but they know first they have to jump our rights thru a bunch of hoops before they can justify their final destination for the 2A.
They don't really expect criminals to obey laws but understand they can bully legal owners, businesses, manufactures and 2A groups with ever increasing laws. |
Response to rDigital (Reply #20)
Fri Aug 3, 2012, 12:26 PM
bongbong (5,436 posts)
26. LOL
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More hilarity from the "I'm too scared to walk out of my house without a gun!" crowd.
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Response to bongbong (Reply #26)
Fri Aug 3, 2012, 12:33 PM
rDigital (2,239 posts)
27. Cool story, bro
Response to rDigital (Reply #20)
Fri Aug 3, 2012, 06:24 PM
shadowrider (4,585 posts)
31. Is that the sniper rifle with the heat seeking bullets?
Response to SecularMotion (Original post)
Thu Aug 2, 2012, 08:41 AM
spin (14,762 posts)
11. All the articles I found talked only about open carry ...
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Would a person with a legal concealed weapons permit be allowed to carry his weapon on the common grounds of the Wilmington Housing Authority buildings?
I understand that Delaware does allow concealed carry in the state although it is a "May Issue" state not a "Shall Issue " state. Open carry is "Unrestricted; however, local ordinances prohibiting open carry may exist." sources: http://www.concealandcarryhq.com/index.php/delaware-concealed-carry-laws/ http://www.usacarry.com/delaware_concealed_carry_permit_information.html#delaware_concealed_carry_map) It is unfortunately true that gun control efforts in our nation have a long history of discrimination against the poorer members of our society and minority groups. That's why I oppose "May Issue" as "Shall Issue" is color blind. (In all fairness my question is probably irrelevant as the reality is that in a state with a "May Issue" concealed carry law would never obtain permission from the authorities to be able to legally carry a concealed handgun for self defense as that privilege would be reserved for the "better members" of society;, the rich, the famous and the politically connected few.) Oddly enough I can carry a legally concealed weapon in Delaware as I posses a Florida Concealed weapons permit and am a resident of Florida. (No, I am not a vigilante or a fool like Zimmerman. I don't go looking for trouble.) (source: http://licgweb.doacs.state.fl.us/news/concealed_carry.html) I find it strange that as one of the 800,000 residents of Florida I have more gun rights in Delaware than the citizens of that state. (Of course it could be argued that open carry in Delaware is possible but restricted while it Florida it is forbidden in public.) |
Response to SecularMotion (Original post)
Thu Aug 2, 2012, 12:20 PM
davepc (3,733 posts)
15. Poor people have less rights then rich people...the American way
Response to davepc (Reply #15)
Fri Aug 3, 2012, 01:58 PM
4th law of robotics (6,801 posts)
29. Poor *law abiding* citizens have fewer rights now
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the criminals will still carry.
Fortunately law abiding citizens will be disarmed and helpless which is good because . . . something something. |
Response to SecularMotion (Original post)
Thu Aug 2, 2012, 01:08 PM
slackmaster (60,567 posts)
16. Less freedom for poor people
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That's messed up.
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Response to SecularMotion (Original post)
Thu Aug 2, 2012, 08:58 PM
Jenoch (1,784 posts)
17. It seems that many have misunderstood the point of
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the legal action. Before this court ruling the housing authority banned the residents of these buildings from having guns in their apartments. The lawsuit was about getting that right restored.
"...their lawyer, Francis X. Pileggi, said the federal suit originally was filed to overturn a blanket ban on gun ownership in this city's public housing, "and that was changed after we filed a lawsuit." |
Response to SecularMotion (Original post)
Thu Aug 2, 2012, 09:11 PM
Glassunion (5,056 posts)
18. This sounds all too familiar.
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http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=118&topic_id=366156#367478
At least they are not going door to door... Yet. |
Response to SecularMotion (Original post)
Thu Aug 2, 2012, 10:03 PM
aikoaiko (16,629 posts)
19. If I understand correctly, it is not illegal to openly carry in common areas of multi-units in...
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...private housing but it is for these people in public housing. What is it about these people that they can't be trusted with the same liberty? Is it because they are poor? Is it because they are people of color (at least one of the complainants was black)? I wonder what classist, racist patrician attitudes make this ok for some people. |
Response to aikoaiko (Reply #19)
Fri Aug 3, 2012, 02:46 AM
petronius (19,792 posts)
21. But the owner of a private apartment complex would be able
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to open-carry in common areas, I would assume. And a public housing complex isn't really 'public space' in the way a street or a park would be. So I'm not really convinced this decision is wrong: even though the property owner is a state agency, it seems reasonable to let it behave like a private owner in some respects...
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