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Who is jerry Troyer and why is he important?
Below you will find a summary of what happened to Jerry Troyer and why it's important to every Missouri gun owner. SACMO is highlighting this case to help repeal the antiquated and unnecessary permit to acquire law in Missouri. Please take the time to read it and support us so we can finally do away with this onerous gun law.
TROYER CASE DISMISSED GUN RETURNED NO PERMIT REQUIRED
Two and a half years after advising Jerry Troyer he would have to obtain a permit to acquire before his antique Webley revolver could be returned to him, the Missouri State Highway Patrol (MSHP) filed for dismissal of the case brought by Mr. Troyer and financially supported by both the NRA and SACMO. They consented to return his revolver without a permit to acquire. Initially the MSHP stated their demand for the permit was under the advice of the Missouri Attorney General's office.
Despite the absence
of a ruling by the judge, the decision to return the revolver validates not only
Mr. Troyer's rights to have his property returned to him, but also SACMO's
claims that the permit to acquire law 
is being seriously abused. While we at
SACMO are pleased with the outcome for Mr. Troyer, we can't help but be
disturbed by the idea that there is nothing preventing a law enforcement agency
in the state of Missouri from doing the same thing to any other citizen of the
state.
SACMO President Dale Schmid, the Webley revolver and Jerry Troyer
As long as Missouri has this antiquated permit to acquire law, law enforcement can use it to intimidate gun owners, deny citizens their rights and do it at taxpayer's expense.
VICTORY!
On Thursday, October 5, 2006, a 2 1/2 year struggle to stand up for one gun owners rights has ended. His rights were successfully defended due in part to support from the NRA and SACMO.
After initially claiming the state attorney general's office instructed them that Mr. Jerry Troyer would have to obtain a permit to acquire before they could return his antique Webley revolver to him, the Missouri State Highway Patrol filed for dismissal of the case brought by Mr. Troyer after deciding they would return his property without a permit to acquire after holding it for over 2 years. SACMO would like to thank the NRA and all the individual gun rights supporters who contributed to the successful defense of our rights.
UPDATE – DECEMBER 14th, 2005
THE JERRY TROYER LEGAL DEFENSE FUND AND CASE: As you might remember, Mr. Troyer was the man who lost his British, 1917 Webley revolver and reported it to the Missouri State Highway Patrol along with the make, model, serial number, date and place of manufacture, a photo of the gun and a detailed description of the gun case that it was in.
It was found, turned in to the Patrol in Rolla, Jerry was informed to come and get it but was then told, when he got there, that he had to get a Permit-To-Acquire (PTA) before they would give him his gun back.
Jerry argued that a PTA neither proved ownership nor was necessary in this case. He even pointed out to them that his gun was specifically exempt from the PTA as a “Curio and Relic” (RSMo 571.020 - .080) because it was over 50 years old and associated with a “world event.”
Eventually, after a lot of arguments and several trips back and forth to the Patrol office, he came to SACMO for help. We agreed with his position, created the Troyer LDF, raised money, hired an attorney to file a writ of replevin and paid half the estimated cost up front.
As of this date, the attorney has filed an amended petition for the writ, the motion was granted by the court and it was forwarded to the MSHP. They responded on October 30th but with a trick contained within it.
Our attorney, a former assistant prosecutor, spotted it right away. The patrol tried to alter the case by making it against one of their guys, Captain Randy Becker, the man who insisted upon the PTA from Mr. Troyer at the patrol office, instead of against the Patrol itself. We have come to learn that this is the standard way to goof-up the proceedings.
If not corrected, when the case finally comes to trial the patrol could simply say something like, “Captain Becker is no longer in that department and doesn’t have the gun.” That would necessitate naming someone else and starting the process all over again and each time it came to trial again, the lawyers for the patrol could say, “Well, now someone else has the gun within the patrol and you have to start all over again.” If left unchecked, it would eventually either discourage or bankrupt the plaintiff, namely, us.
Our attorney has asked for a motion to enjoin the MSHP itself. The motion was made at a “motion hearing” on December 8th and it was granted. The next step is to set a trial date, which will probably be sometime in March of 2006.
Please remember that the purpose of this effort is to be able to go to the Missouri General Assembly with proof positive that the PTA is not only antiquated, subject to capricious interpretation by every sheriff in every one of our 114 counties plus the City of St. Louis, and is so badly abused that EVEN THE MISSOURI STATE HIGHWAY PATROL LOST A CASE IN COURT OVER IT!
Some of you might be thinking that this is starting to sound like some kind of chess game where one has to think two or three moves ahead and in a devious fashion. Well, you are about right. We have to be this way not only on the subject of PTA, but for all of our gun rights. We have to plan ahead and we have to be prepared to lose occasionally and then come back and try, try again. It’s not exactly fun but that’s just the way it is.
But, in this case, it all looks very hopeful and, thanks to you folks, SACMO has collected 100% of the money necessary to pay for the rest of this case (unless something unexpected comes along). This fund will close when the case is over. And, believe me, the whole world will know about it if we win.
The “permit-to-acquire” is a system long abused and misused by the law enforcement community and long overdue for repeal. People like Jerry must be supported against the arbitrary application of this derelict gun law.
Dale A. Schmid, President,
The Second Amendment Coalition of Mo. Inc.
STAND UP TO GUN LAW ABUSE.