http://courts.delaware.gov/opinions/download.aspx?ID=202890The decision is a good one when you read it. I was particularly interested in the way the judges viewed the long history of the right to keep and bear arms in Delaware and how this right has always been viewed as fundamental. Pages 11, 12 and 13. Show how we finally were able to get an actual constitutional article in 1987. I'm sure that our friends on the open carry board will be pleased that it is made most clear that Open Carry is a fundamental right.
This decision also apparently means that concealed carry would be legal for residents in the home and the home in this case includes common areas of public housing buildings.
There has been a question as to the legality of concealed carry in your own home without a license. The law makes no such exemption and there have been arrests for this.
Not sure how much weight this will have nationally because we actually had lost this case earlier in federal court on 2nd amendment arguments.
One very interesting point was the finding by the court that in Delaware the right to carry had been perceived as a fundamental right since the foundation of the state long before we Article 20 was adopted.
This does add weight to the argument that the RKBA is a pre-existing natural right not dependent on the written constitution.
