Posted on 07/23/2020 5:41:54 AM PDT by marktwain
Kim Gardner, the radical St. Louis prosecutor, has asked for and obtained a warrant to seize the rifle and pistol used to defend a St. Louis couple's home, where hundreds of protesters trespassed and screamed at them on Sunday, 28 June, 2020.
It appears the charge used by far-left St. Louis Circuit Attorney Kim Gardner, to confiscate McClosky's firearms, is Missouri statute 571.030, Unlawful use of weapons. Bold added for emphasis:
*571.030. Unlawful use of weapons — exceptions — penalties. — 1. A person commits the offense of unlawful use of weapons, except as otherwise provided by sections 571.101 to 571.121, if he or she knowingly:
(1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use into any area where firearms are restricted under section 571.107; or
(2) Sets a spring gun; or
(3) Discharges or shoots a firearm into a dwelling house, a railroad train, boat, aircraft, or motor vehicle as defined in section 302.010, or any building or structure used for the assembling of people; or
(4) Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or
5. Subdivisions (3), (4), (5), (6), (7), (8), (9), and (10) of subsection 1 of this section shall not apply to persons who are engaged in a lawful act of defense pursuant to section 563.031.
(Excerpt) Read more at ammoland.com ...
The pistol used appears to have been inoperable.
They didn’t learn from the Zimmerman case.
Oh, they learned well. They got exactly what they wanted from the Zimmerman. There as here the ultimate objection isn’t necessarily a conviction.
As I understand it the governor has already pledged to pardon them so the whole thing is a moot point
Objection - objective. (Darn auto-correct)
When the news broke yesterday that they FABRICATED EVIDENCE in order to Criminally Charge these folks, the US Attorney should have ARRESTED ALL INVOLVED.
Gardner Is the one who should be put on trial.
Her time will come soon enough.
Bttt.
5.56mm
“The pistol used appears to have been inoperable.”
_______
It was until the prosecutor’s office tampered with it.
The two defendants are both trial lawyers and you can bet your last nickle that they are already planning a massive lawsuit against the DA for denial of rights under color of law.
There are exceptions. Number 5 seems to apply.
5. Subdivisions (3), (4), (5), (6), (7), (8), (9), and (10) of subsection 1 of this section shall not apply to persons who are engaged in a lawful act of defense pursuant to section 563.031.
TITLE 18 U.S.C., SECTION 242
DEPRIVATION OF RIGHTS UNDER COLOR OF LAW
SUMMARY:
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under “color of law” include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official’s lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime,
McClosky’s next move should be to sue the DA’s office for wrongful prosecution. He seems like a capable attorney. He shouldn’t have a problem.
Even though the McClosky’s appear to be left leaning supporters of BLM prior to this incident, I nonetheless feel sorry for their situation. They were simply in defense of their home, the same any other American would be doing to exercise their 2A rights.
But a good point can be made from this case, is were many profess open carry is the answer. Much to the contrary, open carry invites leftists to cry out and may even get you charged with a crime, as the McClosky’s in essence were doing. To be singled out by the left and run through the works of the MSM you will be ruined for life.
Granted, in many states, open carry is the law. But is it really worth the risk?
A questions for those that strongly advocate open carry: Do you personally open carry? Would you open carry in a situation (other than actual defense as with the McClosky’s), say in a Walmart when you know full well a lefty will call you out and you will get smeared by the media?
Concealed carry is the answer. Show the weapon only in self defense.
Not to them. After months of fighting for their freedom in the courts and spending hundreds of thousands of dollars.
“The pistol used appears to have been inoperable.”
You are grossly understating the real situation. The pistol WAS inoperable as the firing pin spring was on the wrong side. It had been intentionally made inoperable so it could be used in a previous courtroom trial as a prop.
The St. Louis Circuit Attorney ordered the crime lab to reassemble the gun so it would fire.
The DA, CA, and had of the crime lab are all guilty of evidence tampering.
With a Rat Governor these people would be toast...unless,of course,they brought the case to Federal court.
23 Jul: The Federalist: Legal Docs: St. Louis Prosecutor Tampered With Evidence In McCloskey Gun Case
by Tristan Justice
Missouri Republican Attorney General Eric Schmitt formally requested the case be dismissed and the state’s Republican Gov. Mike Parson has pledged to grant them a pardon if they are convicted by the activist prosecutor.
https://thefederalist.com/2020/07/23/legal-docs-st-louis-prosecutor-tampered-with-evidence-in-mccloskey-gun-case/
from putrid WaPo:
22 Jul: WaPo: 67 current, former prosecutors defend St. Louis prosecutor from attacks in McCloskey gun case
By Tom Jackman
(Tom Jackman has been covering criminal justice for The Washington Post since 1998 and anchors the True Crime blog. He previously covered crime and courts for the Kansas City Star)
On Wednesday, a group of 67 state and federal prosecutors, including Minnesota Attorney General Keith Ellison, former Los Angeles district attorney Gil Garcetti, and current prosecutors in Chicago, San Francisco, Philadelphia, Dallas and elsewhere issued a joint statement condemning the “shameful, aggressive and blatantly political attacks on Circuit Attorney Kim Gardner.”
Barbara McQuade, the former U.S. attorney for eastern Michigan, told The Washington Post, “President Trump needs to realize he’s no longer a loudmouth at the country club. He’s the president. He’s using a bully pulpit to have influence on public opinion, and it’s improper influence that can put a heavy thumb on the scales of justice.”...
“It’s disheartening to see politicians,” said Wesley Bell, the prosecutor of neighboring St. Louis County, “some of whom have no law enforcement experience, interfering in cases and trying to engineer outcomes.” Bell, elected in 2018 as a reformist, said despite the politics of elections, “a prosecutor should endeavor to be as apolitical as possible. To attack just a charging decision, after a full investigation, or try to encourage an outcome prior to it getting to a jury, is to me indefensible and completely against the idea of our Constitution and our justice system.”...
“It’s disheartening to see politicians,” said Wesley Bell, the prosecutor of neighboring St. Louis County, “some of whom have no law enforcement experience, interfering in cases and trying to engineer outcomes.” Bell, elected in 2018 as a reformist, said despite the politics of elections, “a prosecutor should endeavor to be as apolitical as possible. To attack just a charging decision, after a full investigation, or try to encourage an outcome prior to it getting to a jury, is to me indefensible and completely against the idea of our Constitution and our justice system.”
https://www.washingtonpost.com/nation/2020/07/22/67-current-former-prosecutors-defend-st-louis-prosecutor-attacks-mccloskey-gun-case/
I have a list of people who should pray that I die suddenly and unexpectedly rather than after having been told “you have three months to live”.
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