Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, April 5, 1995 TAG: 9504060047
SECTION: NATL/INTL PAGE: A6 EDITION: STATE
SOURCE: ASSOCIATED PRESS
DATELINE: PORTLAND, MAINE LENGTH: Medium
Sidestepping the constitutional issue of the right to bear arms, the Supreme Judicial Court instead ruled 6-0 that the Portland Housing Authority has no authority under state law to regulate possession of guns.
The National Rifle Association had challenged the ban as unconstitutional and a violation of state law.
The case has been watched closely around the country as a test of the ability of public housing agencies to restrict guns to prevent violence. The Chicago Housing Authority has prohibited firearms for more than 20 years.
The NRA sued on behalf of an anonymous couple who live in the projects and own hunting rifles and handguns in violation of their lease.
The Housing Authority won the first round when a judge upheld the ban, saying it did not violate the constitutional rights of gun owners or a 1989 state law barring ``political subdivisions'' from imposing gun regulation.
Jeffrey W. Jones, the couple's lawyer, said that while he would have welcomed a ruling from the high court on the constitutional issue, ``from my client's point of view, a victory is a victory.''
The 1989 law gives the state exclusive authority to regulate guns. And in Maine, where hunting is popular, it is unlikely the Legislature will enact a ban on guns in the projects.
Some public housing tenants were critical of the ruling.
``There's going to be people shooting each other,'' said Linda Diamond, a mother of four. ``I live where they do a lot of partying, and I see a lot of violence going on without guns. I can imagine what would go on if they did have guns.''
But Sandra Willette said she and others who might want a gun for protection should have that option.
The ban was written into lease agreements in 1975 in response to gang activity. The violence had gotten so bad that the Postal Service balked at delivering mail to the projects.
Police Chief Michael Chitwood said the ban helped ensure the safety of the housing authority's tenants.
``When you look at housing projects across America being our battlegrounds and war zones, and gun violence and drugs being the major problems, the Portland Housing Authority years ago took a proactive approach by including this provision of no guns in the housing projects,'' he said.
by CNB