While the state of Missouri is considered a pro-Second Amendment state—including having Constitutional Carry—the City of St. Louis has a tendency to try to go its own way on the matter. The recent case of a resident evicted from his public housing unit after a defensive gun use appears to be the latest example.
St. Louis once had a Circuit Attorney, Kim Gardner, who was heavily funded by anti-gun billionaire George Soros, and who seemed more interested in the overzealous prosecution of gun owners than truly violent criminals. In 2023, then-mayor Tishaura Jones proposed banning certain firearms in the city; an idea met with a swift response from then-Missouri Attorney General Andrew Bailey.
In yet another recent example of things going wrong in St. Louis, a wheelchair-bound man was told by the St. Louis Housing Authority (SLHA) that he was being evicted after the man was forced to use a firearm to defend himself from a violent attacker.
The incident took place on August 26, and a report by FOX 2/KTVI St Louis notes that the Housing Authority sent the resident, Torrey Holliday, an eviction letter after viewing a surveillance video that “captured [Torrey Holliday] on front lobby video shooting someone.”
When asked to comment by FOX 2, SLHA referred to “conduct that threatens the health or safety of residents, staff, or the community.” It was then noted, “When such conduct is documented, SLHA takes appropriate enforcement action consistent with Section 22.1.2.1 of our Admissions and Continued Occupancy Policy (ACOP), which may include lease termination.”
But the section referenced refers to eviction for criminal activity.
The problem for SLHA is that there did not appear to be any criminal activity on the part of Mr. Holliday.
According to the Independent, the tenant noted that the SLHA “ignored the lack of building security,” and Mr. Holliday claimed “staff knew he carried a firearm.” Mr. Holliday also pointed out that there are no signs in the lobby that suggest firearms are prohibited.
But perhaps most important is the fact that police investigated the shooting and “classified [it] as an act of self-defense against an armed intruder.”
Grafana describes the incident:
“Holliday, who uses a wheelchair, found himself cornered in the lobby of his apartment complex on the 5300 block of North Euclid. According to court records and police reports, a man named Randall T. Taylor had previously stolen a firearm from him. When they crossed paths again, Taylor confronted him, declared a robbery, and kept advancing even as Holliday tried to roll his wheelchair away.
Holliday drew his weapon, fired, and protected his life. Law enforcement subsequently charged Taylor with first-degree robbery, armed criminal action, and unlawful possession of a firearm.”
Firearms in public housing has long been an issue for Second Amendment advocates, with reports of certain public housing authorities prohibiting firearms ownership for residents. After the landmark Supreme Court ruling in District of Columbia vs. Heller affirmed the Second Amendment does, indeed, protect a fundamental individual right to keep and bear arms, things started to change. The day after Heller, NRA filed a civil rights lawsuit against the City of San Francisco and the San Francisco Public Housing Authority (SFPHA) to invalidate the City's ordinance and lease provision that banned the possession of firearms in public housing.
The SFPHA eventually settled the suit with NRA and allowed for lawfully owned firearms in their properties.
NRA was involved in a similar lawsuit against the Wilmington (Del.) Housing Authority, which resulted in the Delaware Supreme Court striking a blow for gun rights, and against economic discrimination, when it struck down a policy that restricted the rights of public housing tenants to bear arms where they live.
Then there was the story of Harvey Lembo, a retired Maine lobsterman who lived in public housing and, like Mr. Holliday, required the use of a wheelchair. After using a firearm in self-defense, he was told he was not allowed to own a gun where he lived. He sued, the state of Maine passed an NRA-backed law preventing restrictions on lawful gun ownership in public housing, and the suit was eventually settled, recognizing both Mr. Lembo’s rights and the new law.
In 2019, The Washington Examiner reported a federal court “issued a permanent injunction on [an] East St. Louis Housing Authority’s gun ban, claiming it violated the Second and 14th Amendments [recognition of a] citizen’s [right to] protect themselves.” The judge cited the Heller decision in his ruling.
While Mr. Holliday’s case involved a defensive firearm discharge, and not just possession, Heller was clear that self-defense is “the central component of the [Second Amendment] right itself.” Bruen, of course, additionally affirmed that the Second Amendment does not only apply within the home, but also outside the home. Moreover, Missouri’s firearm preemption statute comprehensively prohibits localities from regulating firearms inconsistently with state law.
All this casts serious doubt on the legality of the SLHA’s actions based on what has been publicly reported about the case.
As of right now, the reason given for the eviction notice was violating a restriction against “criminal activity.” What the SLHA’s bases this assertion on is not clear, given the determination that Mr. Holliday acted in self-defense.
We will be sure to keep you informed of any updates on this developing story.
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