A lawsuit funded by the National Rifle Association was filed Thursday in Delaware Chancery Court seeking to lift the Wilmington Housing Authority’s ban on residents’ possessing firearms.
The 10-page lawsuit states that the ban — which is contained in lease agreements — “is unconstitutional on its face” because it infringes on the residents’ right to keep and bear arms, which is guaranteed in the Delaware and U.S. Constitutions.
Barry Willoughby, an attorney for the WHA, said the NRA’s position “is extreme and not supported by sound public policy.”
“Although the WHA and other Delaware public housing organizations respect the rights of their residents, WHA believes that the safety of its residents is enhanced by the lease provision limiting gun possession,” he said.
The lone plaintiff is listed as “Jane Doe,” and is described only as a resident of WHA’s Parkview Apartments. Attorney Francis G. X. Pileggi, who filed the legal action, said the woman’s identity is being withheld to protect her from retaliation, though WHA officials already know who she is and pressured her not to file the suit, the lawsuit claims.
The suit states that Doe “has kept, is keeping and/or desires to keep a firearm in her home for personal protection.”
According to the lawsuit, WHA officials were put on notice that the lease terms were unconstitutional, but they failed to respond. The suit further alleges that when WHA officials learned “Doe” was seeking legal advice to challenge the gun ban, “agents of defendants tried to intimidate plaintiff by approaching her at her apartment door in an attempt to discourage her from pursuing her rights.”
Source: Sean O’Sullivan for The News Journal.
A lawsuit funded by the National Rifle Association was filed Thursday in Delaware Chancery Court…
by Tactical-Life.com / May 28, 2010