The Charge Against St. Louis Couple for Defending their Home

AmmoLand ^ | 21 July, 2020 | Dean Weingarten

[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

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.

[lurk]

So you’re a prosecutor who knows your case is toast for a dozen reasons and you face a strong possibility of litigation.

What would make you proceed?

[GOPJ]

In this case, however, after the mob had broken through the iron gate into private property, self-defense and fear of imminent bodily harm will overrule any brandishing charge.

Not if the prosecutor is a George Soros pick... the new 'law' is based on "if you're friends of the thugs in charge".

In short, criminals are being protected while threatened frightened citizens are being charged.

It's the commie way...

(soon to be 'the legal system' in every city if Biden's team can do enough fraud to get him 'elected'...

[V_TWIN]

No prob. Still not sure what’s gonna happen

[zeugma]

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”.

Me too. It will be messy.

[ohioman]

“We can all argue whether prosecution is justified; if this wasn’t an election year then I doubt charges would have been filed. But the way the law reads the evidence seems to be against the defendants.”

Not a surprising statement coming from a Troll such as yourself.

[Pontiac]

It's been argued that accepting a pardon is the same as pleading guilty and they would never be able to own guns again convicted or not.

A pardon restores all civil rights of the convicted.