The McCloskey family, guns confiscated

[98valk]

https://www.rt.com/usa/494462-stlouis-mccloskey-police-gun-warrant/

St. Louis Circuit Attorney Kim Gardner is reportedly investigating the incident, having made clear her stance on the matter from the outset with a statement condemning how "peaceful protesters were met by guns and a violent assault." No shots were fired during the confrontation, nor was any physical contact reported between the demonstrators and the McCloskeys. Gardner is one of several "progressive" prosecutors elected in the past few years whose campaign was bankrolled by billionaire currency speculator George Soros, and her behavior in office has hewed close to what one might expect from a Soros-backed district attorney, from releasing every person arrested during weeks of rioting following the police killing of George Floyd on Memorial Day in Minneapolis to prosecuting the state's Republican governor for alleged invasion of privacy back in 2017.

Police have confiscated a rifle owned by lawyer Mark McCloskey, seen holding the weapon in last month's viral video as he and his armed wife confronted Black Lives Matter protesters who'd broken into their gated community.

St. Louis cops descended on the McCloskeys' Central West End home on Friday night with a search warrant for the gun, as well as the pistol that Patricia McCloskey was seen waving around in the infamous video, local media reported. The couple's attorney had reportedly taken possession of the pistol already.

[Jersey mike]

Read this this morning....it's BS. I know the man is an attorney but this is where the NRA or a good 2A attorney should be stepping in. Can't ask for oversight from the State A/G or even help from the Governor that's for sure.

[Patrick]

The attorney probably should taken all their guns for safe keeping knowing what a fool Gardner is. That woman needs to lose her job and get drummed out of the state ASAP.

[scooperhsd]

Unless I was charged with something other than not following the search warrant - I'd be telling the police to exit the gated community.

I'd also want to see the Judge and the D.A there PERSONALLY come in and try to take them.

[Pete]

This is a lesson in always having multiple backups for things you may need. Gubermint is not on your side

[Jess from VA]

This is pretty strange police (criminal) procedure.

No arrest warrant, but a search warrant?  So with widespread video of the incident, neither man nor wife are arrested (or issued an appearance summons), but the the guns are arrested (seized)?

Was this a red flag procedure?

Brandishing a firearm would be the low charge, but that is against the homeowners.

I'd like an explanation. 

 

[Patrick]

' We are from the government and we are here to help '

[Patrick]

Now they are about to be indicted ! For what ? I can't wait to see this.

The trespassers causing damage/harrassment is OK though.

That Gardner needs to be run out of the state.

[Jersey mike]

I'm hoping that the reason to this is to quiet any of those against the McCloskey's, to bring this to a grand jury, provide a "weak" argument/case against them and have it dismissed. That's my hope.

If this goes another way then look out, things will get worse.

[cookiedough]

and give them their guns back....

[Robert]

According to McCloskey, the police who served the warrant were "almost apologetic," but had no control over the case, which is being directed by St. Louis Circuit Attorney Kim Gardner, a Democrat.


He added, "This is the same circuit attorney that released 35 of the protesters that torched and looted downtown St. Louis, but now she wants to indict me. I didn't shoot anybody. I just held my ground, protected my house, and I'm sitting here on television tonight instead of dead or putting out the smoldering embers of my home."

[Oss]

1983 civil rights case will follow And bankrupt the  prosecutor.
Give it time

[Patrick]

1983 civil rights case will follow And bankrupt the  prosecutor.
Give it time

Good.

[Reb]

1983 civil rights case will follow And bankrupt the  prosecutor.
Give it time

Agreed,

Never Interrupt Your Enemy When He/She Is Making A Mistake!

St. Louis prosecutor is digging her own hole... Missouri also has a castle doctrine that should be applied in this case right?

[Patrick]

1983 civil rights case will follow And bankrupt the  prosecutor.
Give it time

Agreed,

Never Interrupt Your Enemy When He/She Is Making A Mistake!

St. Louis prosecutor is digging her own hole... Missouri also has a castle doctrine that should be applied in this case right?

I was wondering if Missouri had a castle law.

[Skinhead]

Sue that Bitch!

[Patrick]

The governor has just said he will do everything he can to pardon/commute them.

Can't wait to hear what gardner has to say about that.

[scooperhsd]

Are you sure she can get a win on that ? They might have been TECHNICALLY violating the law, but -
what would YOU do in this situation ? You don't see the cops coming to help you. You are badly outnumbered. You don't want to point the weapons at them (in case they go off), but you DO want to make your point that the protesters should just move on. I would not be surprised if we see Jury Nullification on this.

[Bighead]

The man handled his AR fairly well ( not pointing it at everyone) but his wife was actively pointing that pistola at people. Which I have no problem with if she was in fear of her safety.

[Patrick]

All I'm saying is that gardner says she is prosecuting them. They have had their guns taken from them. The governor says he will commute or pardon them. It remains to be seen if they are convicted. I think the governor is just trying to get gardner to come to her senses.

[Jersey mike]

Are you sure she can get a win on that ? They might have been TECHNICALLY violating the law, but -
what would YOU do in this situation ? You don't see the cops coming to help you. You are badly outnumbered. You don't want to point the weapons at them (in case they go off), but you DO want to make your point that the protesters should just move on. I would not be surprised if we see Jury Nullification on this.

Yes this is what I was referring to when I said this was done to quiet some people down. Hopefully a weak argument presented to a grand jury and they will dismiss.

[Big Rig]

This needs to be looked at a serious infringement on their 2nd amendment rights PERIOD!!!

NRA should be all over this!!! 

They broke no laws and defended their own property after an intruding force (peaceful protesters) stepped foot on their property.

She (Gardner) should be disbarred and tried sentenced, sued and made to apologize to the McCloskey's before she is put away.

IMHO

[Jess from VA]

The man handled his AR fairly well ( not pointing it at everyone) but his wife was actively pointing that pistola at people.  Which I have no problem with if she was in fear of her safety.

This is the principle issue as I see it.

I don't know MO brandishing law, or castle doctrine particulars (and I'm not looking them up).

Brandishing laws vary widely among the states.  They can require pointing and threatening, or just lifting your shirt to show a holstered sidearm. (And every gun owner should make it a point to know his state law on this) (I've twice shown a firearm in self defense, never pointed it, just shown it, which was all it took.)

If the cops were called and did not (or would not) respond, so much the better, and more reasonable the display of firearms.

It's been referred to as a peaceful protest, but it's also been reported they broke and entered private property and were trespassing, and that many of them verbally communicated threats of various kinds.  There were certainly enough protesters to present a lethal threat to both, even if they were all unarmed. (the numbers game)

And it was a BLM operation, and we all know many of those have recently involved violent assaults (deaths?) and rioting, and this common knowledge also makes the homeowners behavior all the more reasonable under the circumstances.

The pictures I've seen have him holding the rifle across his midsection and never pointing it at anyone.  The pictures show her pointing her mouse shooter all over the place (mostly straight up), including at the back of her husband's head (I would not have allowed her out there at all, especially armed).  If she did point it at protesters, that may explain him reporting it was inoperable anyway (in accord with MO law requiring an operable firearm).  It may not have been inoperable at the time, but it probably was made inoperable shortly thereafter, and good luck proving they did that (if they did).

This is not really a 2d Amend case, it's a case of brandishing vrs self defense (under all applicable MO laws), and reasonableness of actions taken given the threats presented.  I think they have a slam dunk winner, but I'd want to win long before it ever got to a jury of my (or their) supposed peers.  Jury nullification may be very unlikely if the jury pool is 80% in love with BLM.

I have read the St Louey prosecutor knows she can't win, but will use the charges to further her career, and to stir up good fund raising efforts for BLM (or whoever) after they lose.

[gordonv]

This was on the local radio talk show yesterday. One thing mentioned, was this may become more of a (what?) public option/social media trial, than an actual trial in court.

[Bighead]

This was on the local radio talk show yesterday. One thing mentioned, was this may become more of a (what?) public option/social media trial, than an actual trial in court.

Wont happen the AG dropped the charges.  Give their weapons back NOW!!!!!!

[Patrick]

Gardner dropped the charges ?!  I'll be darned. I think her career is finished.

[Bighead]

Gardner dropped the charges ?!  I'll be darned. I think her career is finished.

No her Boss did.
https://headlineusa.com/missouri-drop-charges-mccloskeys/?utm_source=HUSAemail&utm_medium=email&utm_campaign=HUSAemail

[Serk]

Gardner dropped the charges ?!  I'll be darned. I think her career is finished.

No her Boss did.
https://headlineusa.com/missouri-drop-charges-mccloskeys/?utm_source=HUSAemail&utm_medium=email&utm_campaign=HUSAemail

The state AG filed an amicus brief (Friend of the court filing) arguing that the charges should be dropped and has publicly stated that they should be dropped, but I don't believe he has the power to outright override a local AG and force them to be dropped.....

https://justthenews.com/government/courts-law/missouri-attorney-general-files-amicus-brief-asking-court-drop-charges

[scooperhsd]

Maybe not - but Gov Mike Parson has said he will pardon them if anything happens.

[Patrick]

Maybe not - but Gov Mike Parson has said he will pardon them if anything happens.

He has been quite vocal about that.  Good

I was thinking that just maybe gardner was coming to her senses. Apparently not. I still think her career is over.

[98valk]

the ag tampered with evidence she had no case if the gun was non-functional, it wasn't, she made it functional and then filed charges.

https://www.thegatewaypundit.com/2020/07/kim-gardner-staffer-tampered-patricia-mccloskeys-inoperable-hand-gun-disassembled-gun-put-back-together-make-work/

[Bighead]

Gardner dropped the charges ?!  I'll be darned. I think her career is finished.

No her Boss did.
https://headlineusa.com/missouri-drop-charges-mccloskeys/?utm_source=HUSAemail&utm_medium=email&utm_campaign=HUSAemail

The state AG filed an amicus brief (Friend of the court filing) arguing that the charges should be dropped and has publicly stated that they should be dropped, but I don't believe he has the power to outright override a local AG and force them to be dropped.....

https://justthenews.com/government/courts-law/missouri-attorney-general-files-amicus-brief-asking-court-drop-charges

That could be but I took it as he would have them dropped. He said that as the states head law enforcement officer he would not stand by while the states law was ignored.

[58Woody]

"If the government says you don't need a gun, you NEED a gun ! "