Delaware Court Rules Against Open Carry

scm54449 · Aug 3, 2012

"Gun ruling may become a model for the nation

WILMINGTON, 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..."

Here is a link to the full story: http://www.marshfieldnewsherald.com/usatoday/article/56644990?odyssey=mod|mostview

McX · Aug 3, 2012

sounds like a model of the "Chicago' ruling. it is disappointing that in days where we have seen a rise in the rights of the citizen in gun laws, that dark places of closed minds still exist, and come to be. Gun Nazis say: No gun rights for you!

davidmcbeth · Aug 3, 2012

scm54449 said:
Here is a link to the full story: http://www.marshfieldnewsherald.com/usatoday/article/56644990?odyssey=mod|mostview

Next time, you may wish to link to the court opinion:

http://www.ded.uscourts.gov/sites/default/files/opinions/lps/2012/july/10-473.pdf

This opinion is a joke .... look, they talk about sensitive areas being anywhere where children might be present "recreating (which is everywhere, 'cause that's all kids do, right?) ... and the court did not use strict scrutiny.

And the court says that the regulation still allows for self defense ... but that the regulations can be simple "common sense" and be OK.

And the court refused to examine the "common sense"-ness of the negative correlation between gun ownership and crime ... but wouldn't that go to the "common sense" nature? Clearly the court thinks that guns are evil.

Its a twisted opinion of an idiot. As with most others, it may be appealed. The NRA was the one on this one ... good job on this one NRA....ya got the wrong judge (like there is a right one in this venue hahaha). It matters not--an appeal will occur; remember Heller lost at this stage.

I called the judge's law clerk and talked about the decision and as to why the judge did not consider the facts regarding the effectiveness of the regulation. He had no answer really and said I was the first one ever to call him. I just stated that he is a public official and I was commenting on his performance and trying to understand why the judge set aside facts and did not consider them in his decision making process and that this action was likely an error. Feel free to call the judge's clerk and let them know your opinion of their opinion at 302-573-4571.
They don't want to hear your opinion ... but still, you are free to express displeasure at their performance. http://www.ded.uscourts.gov/judge/judge-leonard-p-stark We talked for about 5 minutes ... he suggested I write to the judge .... so if you call, you can say that you never learned how to write !
If the judge was local, I would go and visit him at his home to discuss the matter and show him the error of his ways. Judges LOVE it when you visit their house.

Delaware Court Rules Against Open Carry

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