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Civil Rights Roundup - December 15, 2010

NRA
Published on December 16, 2010
Category: 2nd Amendment & Law
Duration: 12:18

This video details the legal case of Lloyd Ricketts versus the Housing Authority of the City of Independence, Missouri. It highlights how a public housing authority attempted to evict a tenant for firearm possession, despite state preemption laws and constitutional rights. The case ultimately affirmed that landlords of public housing cannot prevent law-abiding tenants from possessing firearms and upheld the Missouri Constitution's right to bear arms.

Tags

Housing Authority of the City of Independence
Lloyd Ricketts
Missouri Constitution Article 1 Section 23
Missouri Revised Statutes Section 21.75
State Preemption Statute
Public Housing Firearm Ban
Eviction Lawsuit
Right to Keep and Bear Arms
NRA Civil Rights Defense Fund

Quick Summary

In Ricketts v. Housing Authority of the City of Independence, a Missouri court ruled that public housing landlords cannot prohibit law-abiding tenants from possessing firearms. The decision upheld Missouri's state preemption statute (RS 21.75) and the state constitution's right to bear arms, preventing the Housing Authority's lease clause from being enforced.

Chapters

  1. 00:00Introduction to Ricketts v. Housing Authority
  2. 00:12Parties to the Legal Action
  3. 01:01Housing Contract and Firearm Prohibition Clause
  4. 01:53Lloyd Ricketts' Lawful Firearm Ownership
  5. 02:20Ex-Wife's False Claims and Housing Authority Investigation
  6. 03:31Search of Ricketts' Home and Firearm Confiscation
  7. 04:11Eviction Notice and 'One Strike' Policy
  8. 05:03Housing Authority Files Lawsuit
  9. 05:30NRA Civil Rights Defense Fund Intervention
  10. 05:54Missouri Constitution's Right to Bear Arms
  11. 06:38Missouri State Preemption Statute (21.75)
  12. 07:07Text of Missouri Preemption Statute
  13. 08:41Prohibition of Local Firearm Bans
  14. 08:56False Allegations to Police and Firearm Confiscation
  15. 09:31Attorney's Warnings and Housing Authority's Refusal
  16. 09:57Motion to Dismiss Filed
  17. 10:39Court Hearing and Ruling
  18. 10:52Court Rules in Favor of Ricketts
  19. 11:00Outcome: No Eviction, Guns Returned
  20. 11:10Mr. Ricketts' Passing and Case Legacy
  21. 11:25Case Affirmations: Public Housing, Constitutional Rights
  22. 11:46Affirmation of Preemption Statute
  23. 11:53Conclusion: Local Government Must Abide by Law

Frequently Asked Questions

What was the central legal issue in Ricketts v. Housing Authority of the City of Independence?

The central issue was whether a public housing authority could legally prohibit law-abiding tenants from possessing firearms in their units, despite state preemption laws and constitutional rights. The Housing Authority attempted to evict Mr. Ricketts based on a lease clause banning firearms.

How did Missouri state law impact the Housing Authority's firearm ban?

Missouri Revised Statutes Section 21.75, a state preemption statute, explicitly prohibits local governments and their subdivisions, like housing authorities, from enacting ordinances or regulations concerning firearm possession. This law rendered the Housing Authority's ban null and void.

What constitutional rights were at stake for Lloyd Ricketts?

Lloyd Ricketts' case involved his right to keep and bear arms, as guaranteed by the Second Amendment of the U.S. Constitution and, more specifically, Article 1, Section 23 of the Missouri Constitution. This right protects individuals in their defense of home and property.

What was the outcome of the Ricketts v. Housing Authority lawsuit?

The Circuit Court of Jackson County, Missouri, ruled in favor of Mr. Ricketts, granting his motion to dismiss the eviction lawsuit. This decision meant he was not evicted, his firearms were returned, and it affirmed the principle that public housing landlords cannot ban lawful firearm possession.

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