63. Firearms, particularly handguns, carry a high street price and are often the subject of burglaries. The presence of a gun can make a home more attractive to thieves. Testimony of Dr. Barrett.
64. Individuals who purchase guns for self-defense often do not know how to use them properly. Testimony of Dr. Barrett.
65. Prohibition of guns is an important proactive and symbolic step in preventing the escalation of violence. Testimony of Dr. Barrett.
66. The RRHA Commissioners [**20] were concerned about the violence caused by guns, and the danger that children would be accidentally killed or wounded by playing with guns kept in the home. Testimony of Commissioner Toney.
67. A firearm rendered inoperable by removal of a firing pin remains dangerous and a target of crime.
68. There is no evidence that a tenant has ever used a gun in self-defense.
69. There is no evidence that ceremonial or antique weapons, such a ceremonial swords or tomahawks, contribute to the problems that the commissioners were trying to address.
70. At least one RRHA official would interpret 5(s) as requiring removal of tomahawks or other antique weapons. This testimony suggests that section 5(s) may be arbitrarily applied. Testimony of Edwards.
71. There is no evidence that RRHA requires a broad definition of "weapons" to effectively remove firearms.
35. The prohibition on the use and/or possession of various firearms is rationally related to the strong RRHA interest in reducing crime and violence. There is substantial evidence that eliminating guns will reduce crime in the developments and reduce accidental death. Despite conflicting expert testimony, this Court finds that a prohibition of firearms from public housing is a reasonable lease term within the meaning of § 1437d(l)(1).
36. There is no evidence that a ban on "weapons of any type" would [**30] achieve legitimate interests not accomplished by a ban on firearms. All the evidence indicates that the commissioners were concerned exclusively about firearms, explosives, and other violent weapons associated with crime.
37. The prohibition of "weapons of any type" places the plaintiff who owns ceremonial swords, and others who own antique or ceremonial "weapons", in the position of materially breaching their lease. This provision could also be applied to knives, bows, flare guns, mace, fencing foils, baseball bats, and any other item which could be defined as a "weapon." This creates a substantial likelihood that this provision will be applied in an arbitrary or discriminatory manner.
38. In the absence of any justification or explanation for the extremely sweeping language, and in light of the fact that such language may be selectively applied to tenants, the Court finds that the words "weapon of any type" make section 5(s) unreasonable in violation of § 1437d(l)(1). These words are therefor invalidated, and should be severed under section 16. Once the remaining portion of 5(s) is reworded for grammatical clarity, it should read: "To refrain from the use and/or possession on Management's [**31] property of guns, firearms (operable or inoperable), nunchucks, or similar instruments, blackjacks and explosive devices.
39. The Court finds that this phrasing of section 5(s) is rationally related to the legitimate RRHA interest in reducing crime and theft in the developments. Once the objectional phrase is severed, the remaining provision is reasonable.