http://www.nradefensefund.org/litigation.aspx
MISSOURI
Lloyd Ricketts (Missouri). Mr. Ricketts is disabled, lives on social security payments, and resides in public housing. Missouri has a constitutional guarantee to keep and bear arms for self-defense. The Independence Housing Authority has a lease provision forbidding firearm keeping at any of its housing units. His former wife denounced him to the housing authority as a firearm owner. Consequently, Mr. Ricketts was served with an eviction notice. He filed a motion to dismiss the eviction notice. He claimed in the motion that the no firearm lease policy is an unconstitutional infringement of the right to keep arms in the home and that the lease is a contract of adhesion. The motion was heard on October 26, 2004. The court ruled in Mr. Ricketts’ favor on November 4, 2004.
Alvin Brooks v. State (Missouri). Missouri enacted legislation providing for the issuance of a license to carry a pistol concealed. Missouri's guarantee to bear arms for self-defense has a provision that this right does not encompass concealed carrying. Opponents of the legislation argued in court that the state guarantee to bear arms also serves as a prohibition on the passage of legislation providing for the issuance of a license to carry a pistol concealed. The National Rifle Association filed an amicus curiae brief on November 19, 2003. The brief argued, among other things, that the announcement in the state constitution that the right to bear arms does not include the right to bear arms concealed does not prevent the legislature from creating such a right legislatively. The Missouri Supreme Court held on February 26, 2004, that the right to bear arms does not prevent the legislature from enacting the statute in question. The case is reported as Brooks v. State, 128 S.W.3d 844 (Mo. 2004).
Robert Barry v. Missouri (Missouri). In Brooks v. State, 128 S.W.3d 844 (Mo. 2004), the Missouri Supreme Court held that the right to bear arms does not prevent the legislature from enacting a statute providing for the issuance of a license to carry a concealed firearm. The taxpayer lawsuit claims the license to carry a concealed firearm law violates Missouri’s Hancock Amendment against unfunded mandates in four counties. This information was provided on September 10, 2004. This case is in Moniteau County. The county is issuing licenses during litigation.
St. Louis County v. Missouri (Missouri). In Brooks v. State, 128 S.W.3d 844 (Mo. 2004), the Missouri Supreme Court held that the right to bear arms does not prevent the legislature from enacting a statute providing for the issuance of a license to carry a concealed firearm. The taxpayer lawsuit, by the county executive acting as a private citizen, claims the license to carry a concealed firearm law violates Missouri’s Hancock Amendment against unfunded mandates because the $100 statutory fee does not cover processing costs. St. Louis County was not issuing licenses during litigation. However, on July 12, 2005, Governor Matt Blunt signed legislation, which took effect immediately. The new law allows sheriffs to use the licensee fee to cover background check and associated staff costs. The new law removes any excuse for not issuing licenses.
Keith Byron Baranski (Missouri). He was convicted of conspiracy to import machine guns. The conviction has been affirmed on appeal. The search warrant in Mr. Baranski's case did not state the things to be seized and no sealed or unsealed affidavit accompanied the warrant. He filed a petition for a writ of certiorari based on the February 24, 2004, Supreme Court decision involving the 4th Amendment's particularity requirement for a search warrant in Groh v. Ramirez, 125 S.Ct. 1284 (2004). The writ was denied. However, the U.S. Court of Appeals for the 6th Circuit on March 14, 2005, in Baranski v. 15 Agents, held that Groh undermines the legal basis for the 8th Circuit’s affirmance of Baranski’s conviction. At the time the 8th Circuit issued its decision it did not have the benefit of the Supreme Court’s Groh decision. Therefore, Mr. Baranski will file for post conviction relief under 28 U.S. Code § 2255.
Jerry Troyer (Missouri). His .45 caliber revolver was recovered by the police from parties unknown to Mr. Troyer. He is eligible to keep and bear arms. However, the police want him to acquire a permit to purchase a pistol in order for the police to transfer the revolver back to him. He objected. A replevin petition was filed in the Circuit Court of Phelps County on June 18, 2005, seeking return of his revolver. On October 28, 2005, the Attorney General filed his answer. The state’s position is that Mr. Troyer needs a permit to acquire a pistol prior to obtaining custody of the revolver.
Larry Crow (Missouri). He is a custom gunsmith. His high skills include converting revolvers from one caliber to another caliber. BATF considers this to be firearm manufacturing and thus requiring a manufacturer’s license. This BATF position will be challenged in court because customizing firearms is not the same as manufacturing firearms.
