Guns In Our Housing, Work Places And Communities: A Discussion Of The 2 nd Amendment And How It Applies To Our Agencies, Residents And Staff

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1 Presents: Guns In Our Housing, Work Places And Communities: A Discussion Of The 2 nd Amendment And How It Applies To Our Agencies, Residents And Staff Presented to SERC-NAHRO Annual Conference June 26, :30 PM 2:45 PM 630 Eye Street, N.W., Washington, DC ; Phone: (202) ; Fax: (202) ; hdli@hdli.org

BIOGRAPHY OF LISA L. WALKER Trainer & Speaker HDLI, 630 Eye St., NW, Washington, DC 20001; lwalker@hdli.

2 BIOGRAPHY OF LISA L. WALKER Trainer & Speaker HDLI, 630 Eye St., NW, Washington, DC 20001; ( ); (202) (office) Since July 2002 Lisa Walker has been the Executive Director and General Counsel of the Housing and Development Law Institute ( HDLI ), a legal think tank and training organization in the public and affordable housing industry. Ms. Walker designed and implements HDLI s successful interactive fair housing training program, directed toward the unique job responsibilities and challenges of public housing and redevelopment agencies, their management companies, and development partners. She has trained more than 4,500 front-line, maintenance, managerial, executive, and legal staff of housing agencies and developers of all sizes, including The CT Group, (D.C.), Dwayne Henson Investments, Inc. (TX), KG Residential, LLC (TX), HFI Management Company (TX), LBK Limited (TX), Dallas Hous. Auth. (TX), Fort Worth Hous. Auth. (TX), Abilene Hous. Auth. (TX), Candletree Apartments (TX), Denton Housing Authority (TX), Integrated Housing Solutions LLC (TX), Monarch Properties (TX), Orion Residential Properties (TX), Overton Park Townhomes (TX), Pace Realty (TX), Tarrant County Housing Assistance (TX), Seattle Housing Authority (WA), Housing Authority of the City of Los Angeles (CA), Los Angeles County Community Development Commission (CA), Housing Authority of the County of Ventura (CA), Housing Authority of the City of Ventura (CA), and Housing Authority of the City of Oxnard (CA), Lucas Metro Housing Authority (OH), Orlando Housing Authority (FL), Tampa Housing Authority (FL), Sanford Housing Authority (FL), Pinellas County Housing Authority (FL), Owensboro Housing Authority (KY), Bowling Green Housing Authority (KY), Beaver Dam Housing Authority (KY), Housing Authority of Henderson (KY), Housing Authority of Madisonville (KY), Charleston Housing Authority (SC), Newark Housing Authority (NJ), NorthBend/Coos/Curry Counties Housing Authority (OR), Henry County Housing Authority (IL), Richland County Housing Authority (IL), St. Mary s County Housing Authority (MD), Altoona Hous. Auth. (PA), Harrisburg Housing Authority (PA), Denver Hous. Auth. (CO), Syracuse Housing Authority (NY), Milford Hous. Auth. (CT), Roanoke Hous. Auth. (VA), Warner Robbins Hous. Auth. (GA), Public Housing Association Directors Association (PHADA-nationwide), Pacific Northwest Regional Council, and states of Michigan (MI), Indiana (IN), and Nebraska (NE) affiliates of the National Association of Housing and Redevelopment Officials (NAHRO). Ms. Walker also has a broad knowledge of federally-assisted public and affordable housing programs, applicable federal regulations (such as those implemented by HUD and the Justice Department), and the fair housing obligations implicit therein. HDLI is certified as a fair housing trainer by the Texas Department of Housing and Community Affairs (TDHCA). Prior to joining HDLI, Ms. Walker was a partner at Whiteford, Taylor & Preston, L.L.P, a large regional law firm servicing the Washington, D.C.-Maryland-Virginia corridor. As a commercial litigator, Ms. Walker handled the business disputes of corporations, partnerships, organizations, and individuals in the areas of contracts, employment, torts, intellectual property, and product liability, among other areas. Developing a particular interest in and knowledge of fair housing issues, Ms. Walker actively represented the Housing Authority of Baltimore City and City of Baltimore in Thompson v. HUD, major federal public housing reform litigation, and with respect to a wide variety of fair housing issues. Ms. Walker is licensed to practice law before the United States Supreme Court, the federal Fourth and Fifth Circuit Courts of Appeals, and the state and federal courts of Maryland and the District of Columbia. Ms. Walker holds a Bachelor of Science degree in Finance from the University of Maryland, College Park, where she received a four-year academic scholarship from the university. She holds a Juris Doctor from the University of Maryland School of Law, where she received a three-year academic fellowship and was a member of the competitive Moot Court Board. She has been active in local and national bar associations, on nonprofit boards of directors, as well as a number of other service and civic organizations. Ms. Walker serves as pro bono counsel to the Miss Black U.S.A. Pageant & Scholarship Foundation, Inc. She also is a frequent speaker, trainer, and presenter at industry meetings across the country.

Copyright 2017 Housing and Development Law

4 Gives PHAs the right to evict residents who are a threat to the health and safety or peaceful enjoyment of others. 42 USC 1437d(L)(6) "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. U.S. Const. amend II. Law Institute. All rights reserved. 2

5 The Supreme Court has rephrased the 2 nd Amendment as follows: Because a well regulated Militia is necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed. D.C. v. Heller, 554 U.S. 570 (2008) The Supreme Court has defined some terms for us relative to the 2 nd Amendment: Keep and bear Arms means to possess and carry weapons in case of confrontation. D.C. v. Heller, 554 U.S. 570 (2008) Law Institute. All rights reserved. 3

6 Query: Does the 2nd Amendment protect individual rights, or the collective right to possess and bear arms as part of militia service? Query: Does the 2nd Amendment also protect individual rights, or only the right of states to have a militia? Answered in: D.C. v. Heller, D.C. v. Heller, 554 U.S. 570 (Jun. 26, 2008) -landmark Supreme Court case held there is an individual right to keep and bear arms in the District of Columbia (a federal city). 157-page decision available at: Law Institute. All rights reserved. 4

7 Facts: In 2003, a D.C. Special Police officer challenged the constitutionality of three provisions of a D.C. law that restricted D.C. residents from owning handguns and required that all firearms, including rifles and shotguns, be kept unloaded and disassembled or bound by a trigger lock, unless they are located in a place of business or are being used for lawful recreational activities. *Excluded from the law were those grandfathered in and active and retired law enforcement officers. Law Institute. All rights reserved. 5

8 Procedural posture: The district court dismissed the suit. The appellate court reversed and struck down the D.C. laws banning or restricting the use of firearms. U.S. Supreme Court granted certiorari and decided the case in June Unprecedented Congressional Support: 55 State Senators and 250 Representatives signed onto an amicus brief in support of Mr. Heller. Law Institute. All rights reserved. 6

9 Amicus Curiae: 47 briefs A majority of Congress signed an amicus brief urging that the ban be overturned. VP Cheney and Senator John McCain also signed on. Neither current President Obama nor former President G.W. Bush signed the brief. Issue Supreme Court considered: Whether D.C. law* violated the 2nd Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for self defense in their homes. First case to directly address whether the right to keep and bear arms is a right of individuals, in addition to a collective right that applies to stateregulated militias. *D.C. Code (a)(4), (a), and Law Institute. All rights reserved. 7

11 Holding: The 2 nd Amendment protects an individual s right to possess a firearm for self defense. The court affirmed the overturning of D.C. s gun ban. Holding: D.C. s prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense violates the 2nd Amendment. D.C. must permit Heller to register his handgun and must issue him a license to carry it in the home. Law Institute. All rights reserved. 9

12 The Supreme Court said that the ban: "amounts to a prohibition on an entire class of 'arms' that Americans overwhelmingly choose for the lawful purpose of self-defense. The Supreme Court said: The enshrinement of constitutional rights necessarily takes certain policy choices off the table. These include the absolute prohibition of handguns held and used for self-defense in the home. Law Institute. All rights reserved. 10

13 Other Significant Heller Holdings: Handguns are arms" that cannot be banned by D.C. government. D.C. cannot require that arms be kept unloaded and disassembled or bound by a trigger lock thisis an unreasonable restriction. Other Significant Heller Holdings: The right of individuals to possess and carry personal weapons is for self-defense Query: Can PHAs regulate personal weapons not traditionally used for self-defense? Law Institute. All rights reserved. 11

14 Other Significant Heller Holdings: These 2nd Amendment rights are subject to reasonable restrictions. Query: What reasonable restrictions can PHAs create? The Supreme Court notably stated: Like most rights, the 2nd Amendment is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose... Law Institute. All rights reserved. 12

15 The Supreme Court also said:... nothing in our opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. The Heller decision only provided 2nd Amendment protection for commonly used and popular handguns. The 2nd Amendment does not protect those weapons not typically possessed by law-abiding citizens for lawful purposes, such as short-barreled shotguns. Law Institute. All rights reserved. 13

16 Heller condoned the following prohibitions and restrictions: These are the so-called Safe Harbors Prohibitions on: Possession of firearms by felons Possession of firearms by the mentally ill Carrying of firearms in sensitive places such as schools and government buildings Unusual or uncommon arms Military grade weapons (e.g., M16 rifles) Restrictions on the commercial sale of arms The Court stated that the foregoing list of "presumptively lawful regulatory measures was exemplary and not exhaustive. Law Institute. All rights reserved. 14

17 Heller made clear what restrictions violate the 2 nd Amendment: Absolute prohibitions on handgun possession in the home. Laws that render guns inoperable in the home. What about automatic weapons? Heller is unclear: "It may be objected that if weapons that are most useful in military service M16 rifles and the like may be banned, then the 2nd Amendment right is completely detached from the prefatory clause. But as we have said, the conception of the militia at the time of the 2nd Amendment s ratification was the body of all citizens capable of military service, who would bring the sorts of lawful weapons that they possessed at home. D.C. v. Heller, 554 U.S. 570 (2008) Law Institute. All rights reserved. 15

weapons held bans to be lawful under the

18 Concealed Carry? The Court noted that the majority of nineteenth century courts that considered the prohibition of carrying concealed weapons held bans to be lawful under the 2nd Amendment or state constitutions. Law Institute. All rights reserved. 16

19 It had been well-settled that the 2nd Amendment only applied to actions of the Federal Government (which includes the District of Columbia which is a federal city). It had been well-settled that the 2nd Amendment did not apply to states or their subordinate jurisdictions or instrumentalities like PHAs... Presser v. Illinois, 116 U.S. 252, 265 (1886); Miller v. Texas, 153 U.S. 535 (1894); Bach v. Pataki, 408 F.3d 75, 84, 86 (2d Cir. 2005), cert. denied, 546 U.S (2006) Post-Heller - Courts did not apply Heller to states E.g., that the 2nd Amendment did not apply to states or their subordinate jurisdictions was the basis for dismissal by the 2 nd Circuit in a New York case, Maloney v. Rice (f/k/a Maloney v. Cuomo) (Jan 2009) Case involved a state ban on nunchaku sticks -a martial arts weapon. HELD - the 2nd Amendment does not apply to the states and specifically held that Heller did not change this longstanding jurisprudence. HELD - New York has a "rational basis" for prohibiting the possession of nunchaku. Law Institute. All rights reserved. 17

20 9 th Circuit Flip Flop? Following gun murders at a county fair, Alameda County, CA prohibited firearms on county property. Gun show operators sued the county alleging that it s law was unconstitutional. The trial court upheld ban. June The 9 th Circuit reversed, holding that the 2nd Amendment is incorporated through the 14 th Amendment to the states. This reversed its prior holding in Hickman v. Block (2 nd Amendment only protects collective right to form militia) Nordyke v. King (2008) Law Institute. All rights reserved. 18

21 9 th Circuit Flip Flop Under Nordyke v. King (2008) - the Heller decision would apply to violations by states and local governments. This ruling later was vacated for en banc reconsideration. Nordyke v. King Upheld, under intermediate scrutiny, D.C. s: Firearms registration scheme Prohibition on assault weapons Ban on large capacity ammunition feeding devices Heller v. District of Columbia, 698 F. Supp. 2d 179, 191 (D.D.C. 2010) (Heller II) Law Institute. All rights reserved. 19

22 Most firearm prohibitions and restrictions have been UPHELD, based on that part of Heller stating: "nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions on the commercial sale of arms. See Brannon P. Denning & Glenn H. Reynolds, Heller, High Water(mark)? Lower Courts and the New Right to Keep and Bear Arms, 60 Hastings LJ. 1245, 1248 (2009) The Seventh, Eighth, and Tenth Circuits, along with federal district courts in Wisconsin and West Virginia, have upheld a federal statute prohibiting illegal drug users from possessing guns. United States v. Yancey, 621 F.3d 681, 682 (7th Cir. 2010) (per curiam) (holding that 18 U.S.C. 922(g)(3), which prohibits unlawful drug users from possessing guns, is constitutional); United States v. Seay, 620 F.3d 919, 920 (8th Cir.) (same), cerl denied, 131 S. Ct (2010); United States v. Richard, 350 F. App'x 252, 260 (10th Cir. 2009) (unpublished) (same); United States v. Hendrix, No. 09-cr-56- bbc, 2010 U.S. Dist. LEXIS 33756, at *8 (W.D. 'Vis. Apr. 6, 2010) (same); United States v. Bumm, No. 2:08-cr-00158, 2009 U.S. Dist. LEXIS 34261, at *1 (S.D. W. Va. Apr ) (same). Law Institute. All rights reserved. 20

23 California San Fran. Hous. Author. had a gun ban based on a 2007 San Francisco ordinance prohibiting guns on city property, such as parks and playgrounds. Ordinance did not specifically apply to the PHA. Ordinance also required residents to store handguns in lock box or disable them with a trigger lock. Guy Montag Doe v. San Fran. Hous. Auth. (2008) California PHA added to public housing lease agreements a provision that allowed for the eviction of any resident found with guns or ammunition in their home. According to the PHA, since the lease provision was introduced, no public housing tenants had been evicted from their homes for possessing a weapon, as long as it was legally obtained and registered. Guy Montag Doe v. San Fran. Hous. Auth. (2008) Law Institute. All rights reserved. 21

24 California day after Heller, NRA filed suit against San Francisco Hous. Auth. challenging its ban of guns in public housing. Plaintiff was a gay man who wanted gun for self-defense against hate crimes. Guy Montag Doe v. San Fran. Hous. Auth. (2008) California January Case settled PHA and management company agreed to remove lease provision Allows PH residents to possess legal firearms within the SFHA apartment building Possession of unlawful weapons, including guns possessed by convicted felons, will continue to be banned Guy Montag Doe v. San Fran. Hous. Auth. (2008) Law Institute. All rights reserved. 22

26 Illinois Post-Heller, NRA filed four lawsuits in Chicago and other local jurisdictions Sought to have the 2nd Amendment incorporated by the Fourteenth Amendment, so that the 2nd Amendment will apply to state and local jurisdictions and not just to the federal government Three of the Illinois suits were settled - gun ban ordinances were repealed as part of settlement Illinois June 2, th Circuit affirmed the dismissal stating that Heller applied only to the Federal Government (including the District of Columbia), and not to states or their subordinate jurisdictions This conflicted with the 9th Circuit Court of Appeals' earlier decision, holding that Heller applies to states. 567 F. 3d 856 (7th Cir. 2009) Law Institute. All rights reserved. 24

27 2nd Circuit 2nd Amendment is NOT incorporated through the 14 th Amendment to the states Maloney v. Rice (Jan 2009) Ninth Circuit 1 2nd Amendment is NOT incorporated Hickman v. Block (1996) 2-2nd Amendment is incorporated Nordyke v. King (April 2009) Seventh Circuit - 2nd Amendment is NOT incorporated NRA v. Chicago (June 2009) Illinois U.S. Supreme Court granted certiorari on September 30, 2009 to resolve conflict. Combined NRA v. Chicago and McDonald v. Chicago Plaintiffs used Chicago cases to apply Heller to state and local governments nationwide. Law Institute. All rights reserved. 25

Illinois 2009 Issue Presented: Whether the 2nd Amendment is incorporated into the Due Process Clause or the Privileges or Immunities Clause of the Fourteenth

28 Illinois 2009 Issue Presented: Whether the 2nd Amendment is incorporated into the Due Process Clause or the Privileges or Immunities Clause of the Fourteenth Amendment so as to be applicable to the States, thereby invalidating ordinances prohibiting possession of handguns in the home. Law Institute. All rights reserved. 26

29 Supreme Court Decision GENERAL HOLDING: The 2 nd Amendment is incorporated into the 14 th Amendment, thereby protecting 2 nd amendment rights from the actions of local governments. Supreme Court Decision HELD: The 2nd Amendment protects a personal right to keep and bear arms for lawful purposes, most notably for selfdefense within the home. Law Institute. All rights reserved. 27

30 Supreme Court Decision HELD: Self-defense is a fundamental, basic right and is the central component of the 2nd Amendment right. Supreme Court Decision HELD: The right to self-defense applies to handguns because they are the most preferred firearm in the nation to keep and use for protection of one s home and family. Law Institute. All rights reserved. 28

31 Supreme Court Decision HELD: The right to keep and bear arms is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose... Supreme Court Decision HELD:... this holding does not cast doubt on such longstanding regulatory measures as prohibitions on the possession of firearms by convicted felons and the mentally ill, laws forbidding the carrying of firearms in sensitive places such as schools and government buildings,... Law Institute. All rights reserved. 29

33 McDonald and Heller are specifically limited to bans on handguns used for self-defense in the home. Heller, 554 U.S. at 635. Do not affect controls on the use of handguns for other purposes or, for now, the use of other types of weapons. Law Institute. All rights reserved. 31

34 Do not strike down any guncontrol law or elaborate upon what kind of laws would offend the Constitution. Failed to give us clear guidance as to what type of regulation or restriction on handgun possession is legal, leaving fertile ground for future litigation. Law Institute. All rights reserved. 32

ISSUES RELATING TO GUN CONTROL IN PUBLIC HOUSING

PUBLIC HOUSING ISSUES: Prior PHA Cases Domestic Violence HUD PHA Policies

37 Over the years, a number of cases challenging state, local, and/or PHA gun bans were dismissed because the 2 nd Amendment was not being applied against the states. Will likely be revisited and reversed. DOMESTIC VIOLENCE Law Institute. All rights reserved. 35

38 Domestic Violence Offender Gun Ban Amendment to the Omnibus Consolidated Appropriations Act of 1997 ( a/k/a/ "the Lautenberg Amendment ). 18 U.S.C. 922(g)(9) Bans shipment, transport, ownership and use of guns or ammunition by individuals convicted of a misdemeanororfelonydomesticviolence,orwho is under a restraining (protection) order for domestic abuse. The act also makes it unlawful to knowingly sell or give a firearm or ammunition to such person. HUD Law Institute. All rights reserved. 36

39 HUD does not have a specific policy, and has not issued any regulations or notices concerning guns in public housing. Published a 2000 study highlighting proliferation of gun violence in PH: In The Crossfire: The Impact of Gun Violence on Public Housing Communities (2/16/00) accessible at PHA POLICIES What is Permissible? Law Institute. All rights reserved. 37

41 Probably can effect a complete ban on possession of all weapons by felons, minors, and those of unsound mind - which has been held not to be violative of the 2nd Amendment. What types of felon? non violent? Who is of unsound mind or mentally ill? ADA/504 definition of disability? Court adjudication? What types of conditions qualify Probably can effect a complete ban on the possession and use of firearms by Individuals who have been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year (felons). 18 U.S.C. 922(g) (1) (2006). Law Institute. All rights reserved. 39

42 Probably can effect a complete ban on the possession and use of firearms by Individuals who are fugitives from justice. 18 U.S.C. 922(g) (2) (2006) Probably can effect a complete ban on the possession and use of firearms by Individuals who are an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). 18 U.S.C. 922(g) (3) (2006) Law Institute. All rights reserved. 40

43 Probably can effect a complete ban on the possession and use of firearms by Individuals who have been adjudicated as a mental defective or who has been committed to a mental institution. 18 U.S.C. 922(g) (3) (2006). Probably can effect a complete ban on the possession and use of firearms by aliens who are illegally or unlawfully in the U.S. or have been admitted to the U.S. under a nonimmigrant visa. 18 U.S.C. 922(g) (5) (2006); U.S. v. Yanez-Vasquez, No SAC, 2010 U.S. Dist. LEXIS at *2-5 (D. Kan. Jan. 28, 2010) (upholding as constitutional 18 U.S.C. 922(g)(5), which makes it unlawful for illegal aliens to possess guns). Law Institute. All rights reserved. 41

44 Probably can effect a complete ban on the possession and use of firearms by Individuals who have been dishonorably discharged from the military. 18 U.S.C. 922(g) (6) (2006). Probably can effect a complete ban on the possession and use of firearms by individuals who previously were citizens of the United States and have renounced their citizenship. 18 U.S.C. 922(g) (7) (2006). Law Institute. All rights reserved. 42

45 Probably can effect a complete ban on the possession and use of firearms by persons found guilty of domestic violence misdemeanors and felonies and individuals subject to a DV protective or restraining order. 18 U.S.C. 922(g)(8)) and (9); See also United States v. Booker. 570 F. Supp. 2d 161, (D. Me. 2008) (quoting Heller, 551 U.S. at 626. See also United States v. Reese, 627 F.3d 792, 794 (10th Cir. 2010) (reversing the dismissal of an indictment charging the defendant with three counts of possessing firearms while subject to a domestic protection order); United States v. Erwin, No. 1:07- CR-556 (LEK), 2008 U.S. Dist. LEXIS (N.D.N.Y. Oct. 6, 2008) (finding that Heller does not make 18 U.S.C. 922(g)(S), which bans gun possession among those subject to a protection order, unconstitutional); United States v. Montalvo, No. 08-CR-00'IS, 2009 U.S. Dist. LEXIS (W.D.N.Y. Mar. 12, 2009) (upholding an indictment under 18 U.S.C. 922(g)(8)). Not a Safe Harbor, But... Law Institute. All rights reserved. 43

46 Probably can effect a complete ban on the possession and use of firearms by persons whom the Authority determines constitute a danger to others. Should be based upon objective evidence. WHERE CAN YOU PREVENT POSSESSION? Law Institute. All rights reserved. 44

47 Probably can effect a complete ban on the possession and use of firearms in sensitive places such as schools and government buildings. PHA offices and common areas Probably can reasonably restrict the use and possession of registered handguns for health and safety reasons: Restrict possession to inside unit and prohibit outside of unit in common areas except for transport; Prohibit discharging of all weapons for other than selfdefense, etc. Law Institute. All rights reserved. 45

48 Given the special frailties and mental challenges of many in the elderly population, probably can establish a compelling interest for at least a limited ban of handguns, etc. in elderly buildings, or other areas with vulnerable persons. Lincoln Park Hous. Comm n v. Andrew, 2004 Mich. App. LEXIS 792 (Mich. Ct. App. 2004) WHAT TYPES OF WEAPONS CAN YOU BAN? TESTING Law Institute. All rights reserved. 46

49 Probably can effect a complete ban on all dangerous weapons not ordinarily used for self-defense - maybe blackjacks, explosive devices, sawedoff shotguns, M 16 riles, machine guns and other non-handgun military combat-type weapons. D.C. v. Heller, 554 U.S. 570 (2008) Probably can effect a complete ban on all dangerous weapons not ordinarily used for self-defense - maybe blackjacks, explosive devices, sawedoff shotguns, M 16 riles, machine guns and other non-handgun military combat-type weapons. D.C. v. Heller, 554 U.S. 570 (2008) Law Institute. All rights reserved. 47

50 Probably can effect a complete ban on the possession and use of machineguns made after United States v. Haney, 264 F.3d 1161, 1168 (10th Cir. 2001). Probably can effect a complete ban on the possession and use of pipe bombs. United States v. Wright, 117 F.3d 1265, 1272, 1274 (11th Cir. 1997). Law Institute. All rights reserved. 48

51 Probably can effect a complete ban on the possession and use of sawed-off shotguns. United States v. Wright, 117 F.3d 1265, 1272, 1274 (11th Cir. 1997). Probably can effect a complete ban on assault weapons and large capacity ammunition feeding devices. Heller II, 698 F. Supp. 2d 179, 191 (D.D.C. 2010) TESTING Law Institute. All rights reserved. 49

52 Probably can impose conditions and qualifications on the commercial sale of all arms. Completely ban sales if consistent with PHA policy D.C. v. Heller, 554 U.S. 570 (2008) Law Institute. All rights reserved. 50

Probably can impose a firearms registration scheme. Heller II, 698 F. Supp. 2d 179, 191 (D.D.C. 2010) TESTING Undetermined: Establish a roster of approved handgun types, and ban anything not listed.

53 Probably can impose a firearms registration scheme. Heller II, 698 F. Supp. 2d 179, 191 (D.D.C. 2010) TESTING Undetermined: Establish a roster of approved handgun types, and ban anything not listed. Alternatively, ban specific types of handguns and allow all others not listed. See Pena v. Cid, No. 2:09-cv FCD KJM (E.D. CA 2009) (stayed pending Nordyke outcome) Law Institute. All rights reserved. 51

or place unreasonable restrictions on their use

54 Probably cannot have a complete ban on handguns or other weapons ordinarily used for selfdefense, or place unreasonable restrictions on their use or possession. Law Institute. All rights reserved. 52

55 Probably cannot require handguns to kept unloaded and disassembled or bound by a trigger lock or otherwise effect a policy that renders handguns or legal weapons inoperable may pose a threat to safety. Probably cannot ban ceremonial swords, antique tomahawks, and similar weapons that usually pose no danger to the public. Richmond Tenants Organization, Inc. v. Richmond Redevelopment, 751 F. Supp (E.D.V.A.1990), aff'd, 1991 U.S. App. LEXIS (4th Cir. Va. 1991) Law Institute. All rights reserved. 53

U.S. District Court for the Central District of Illinois, Rock Island Division Warren County, Illinois Housing Authority, has a ban on personally-owned firearms by PH residents.

57 U.S. District Court for the Central District of Illinois, Rock Island Division Warren County, Illinois Housing Authority, has a ban on personally-owned firearms by PH residents. Public housing resident who is a physically disabled former police officer wants to have a handgun in his residence for personal protection. Law Institute. All rights reserved. 55

58 On 4/3/12, the Second Amendment Foundation filed a federal lawsuit against the PHA seeking an injunction against the WCHA's ban on personally-owned firearms by residents of government-subsidized housing. The lawsuit seeks equitable, declaratory and injunctive relief challenging the WCHA ban. Case is pending. 66 year old PH resident owns a rifle and two shotguns which are lawfully registered and which he possessed in his PH unit. PHA began using a new lease provision that made tenants refrain from storing, maintaining, using, distributing, purchasing or selling any type of firearms or ammunition on the Leased Premises or the Development, whether registered or unregistered. On 7/22/11 the NRA sponsored a suit against the PHA seeking equitable and injunctive relief, plus attorneys fees. Case is pending. Law Institute. All rights reserved. 56

59 The housing authority imposed a ban on the possession of firearms, even in the home. A lawsuit was filed challenging the ban as an infringement of the right to keep and bear arms. In the wake of McDonald the housing authority suspended its ban on firearm ownership by tenants. It announced on August 9, 2010, that it was working on new firearm regulations. Case is pending. A gay gun owner wanted a weapon to defend himself from "sexual orientation hate crimes." NRA sued SFHA the day after Heller (2008) On January 14, 2009, the parties settled. Residents now allowed to possess legal firearms within a SFHA apartment building. Law Institute. All rights reserved. 57

Significant Cases: (see also others listed in this PowerPoint) Lincoln Park Hous. Comm n v. Andrew, 2004 Mich. App. LEXIS 792 (Mich. Ct. App. 2004) D.C. v. Heller, 554 U.S. 570 (2008) Heller II, 698 F.

61 Significant Cases: (see also others listed in this PowerPoint) Lincoln Park Hous. Comm n v. Andrew, 2004 Mich. App. LEXIS 792 (Mich. Ct. App. 2004) D.C. v. Heller, 554 U.S. 570 (2008) Heller II, 698 F. Supp. 2d 179 (D.D.C. 2010) McDonald v. Chicago, 130 S.Ct (2010) U.S. v. Masdandaro, No , 2011 U,S. App. LEXIS 5964 (4th Cir. Mar. 24, 2011) Woollard v. Sheridan, No.JFM-1O-2068, 2010 WI (D. Md. Dec. 29, 2010) Significant PHA Cases/Lawsuits: Winbigler et al v. Warren County Housing Authority et al. (2012) Scott v. D.C. Housing Authority (2011) Doe v. Wilmington Housing Authority et al. (2011) Doe v. San Francisco Hous. Auth. (2009) Law Institute. All rights reserved. 59

62 Law Review Articles: Iyen Acosta, Cath. Univ. Law. Rev., Doe v. Wilmington Housing Authority: The Common Area Caveat as a Paradigmatic Balance Between Tenant Safety and Second Amendment Rights (2014), accessible at &context=lawreview Stephen Kiehl, Md. Law. Rev., In Search of a Standard: Gun Regulations After Heller and McDonald (2011) Law Review Articles: Tina Mehr & Adam Winkler, Am. Constitution Soc'y, The Standardless 2nd Amendment (2010) Lawrence Rosenthal & Joyce Lee Malcolm, Northwestern Law. Rev., MCDONALD V. CHICAGO: WHICH STANDARD OF SCRUTINY SHOULD APPLY TO GUN-CONTROL LAWS? (2010) Brannon P. Denning & Glenn H. Reynolds, Heller, High Water(mark)? Lower Courts and the New Right to Keep and Bear Arms, 60 Hastings LJ. 1245, 1248 (2009) Law Institute. All rights reserved. 60

63 HDLI s Online Fair Housing Training Give Your Staff the Training They Need: Full Course Approx. 7 hours Individual Modules From 20 minutes to 1 hour Staff and Resident Development Courses Trainee takes courses at his or her own pace Assessment tests given throughout to test comprehension Printable training certificates issued at end for those who pass PHA receives final test results Law Institute. All rights reserved. 61

64 HDLI Customizes All Trainings For Clients 1. ON-SITE Commissioners Training Roles From A to Z (approx. 7 hours) 2. ON-SITE Customized Fair Housing Trainings Protected Classes, Exemptions, AFFH, VAWA, LEP, Assistance Animals, Live-in Aids, Reasonable Accommodations & modifications Half-Day Fair Housing Training (approx. 4 hours) Full-Day Fair Housing Training (approx. 7 hours) ON-SITE Public Housing Evictions & Section 8 Terminations Training (approx. 7 hours) 4. ON-SITE Administrative Review Process Training Public Housing Grievances and Section 8 Reviews (approx. 7 hours) 5. ON-SITE Sexual Harassment Training Half-Day Training (approx. 4 hours) Full-Day Training (approx. 7 hours) 6. ON-SITE Excellence in Customer Service Training (approx. 2 hours) Have other training needs? Contact us to discuss: or hdli@hdli.org Law Institute. All rights reserved. 62

No February Criminal Justice Information Reporting

No February Criminal Justice Information Reporting Military Justice Branch PRACTICE DIRECTIVE No. 1-18 9 February 2018 Background Criminal Justice Information Reporting On November 5, 2017, a former service member shot and killed 26 people at a church