Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Judge: Gun-waving lawyer shouldn't get guns or money back
AP ^ | Dec 30, 2022

Posted on 12/30/2022 10:24:15 PM PST by where's_the_Outrage?

ST. LOUIS (AP) — A Missouri judge has ruled that a pardon from the governor doesn't mean the St. Louis lawyer and his wife who gained national attention for waving guns at racial injustice protesters in 2020 should get back the weapons they surrendered and fines they paid after guilty pleas last year.

Mark McCloskey sued last year to have returned a Colt AR-15 rifle and a Bryco .380-caliber pistol that he and his wife, Patricia McCloskey, surrendered when they pleaded guilty to charges stemming from the confrontation with protesters. McCloskey said he was entitled to the guns and remitted fines because Republican Gov. Mike Parson pardoned him and his wife weeks after their guilty pleas.

On Wednesday, Circuit Judge Joan Moriarty ruled that the pardon had no bearing on the plea agreement, The St. Louis Post-Dispatch reported.

“Plaintiff and his wife are required to follow through with their end of the bargain,” she wrote.

Mark McCloskey said he plans to appeal.

(Excerpt) Read more at msn.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: 2a; 2ndamendment; antifa; banglist; markmccloskey
Navigation: use the links below to view more comments.
first previous 1-2021-4041-44 next last
To: ModelBreaker

They broke down a metal gate on their home, for God’s sake.


21 posted on 12/31/2022 4:36:59 AM PST by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to says it.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: where's_the_Outrage?
Hope they take this to the SCOTUS.

So far the legal fees are probably greater than the value of the firearms by at least one order of magnitude and maybe more (considering that the McCloskeys are both lawyers and probably aren't billing themselves for their own time).

But yes, of course I'd like to see where this goes, as long as they are paying their own way and my taxes aren't paying their legal fees.

22 posted on 12/31/2022 4:48:22 AM PST by Sooth2222 (“Toute nation a le gouvernement qu’elle mérite.” ("Every nation has the government it deserves.”) )
[ Post Reply | Private Reply | To 1 | View Replies]

To: where's_the_Outrage?

Buy new guns and don’t show them to anyone. Even when you are ready to use it.


23 posted on 12/31/2022 4:57:19 AM PST by GranTorino (Bloody Lips Save Ships.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Steve Van Doorn

Prolly listened to bis lawyer.


24 posted on 12/31/2022 5:08:33 AM PST by Roccus (First we beat the Nazis........then we defeated the Soviets....... Now, we are them.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: where's_the_Outrage?
This lady judge needs to be dropped off on the Southside or Westside of Chicago without protection.
25 posted on 12/31/2022 5:09:45 AM PST by Chgogal (Welcome to Fuhrer Biden's Weaponized Fascist Banana Republic! It's the road to hell..)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ModelBreaker
They pointed guns at people who were not threatening them.

What a stupid thing to say.
26 posted on 12/31/2022 5:16:21 AM PST by Dan in Wichita
[ Post Reply | Private Reply | To 6 | View Replies]

To: Equine1952

Warning shots, the Easter Bunny, and unicorns don’t exist. COM.

************************************************************

With all due respect, I’ve carried for a long time, but I have told myself for a long time that “IF” there was an opportunity to fire a warning shot I would do so because I don’t want to take another human life IF AT ALL POSSIBLE.

Having 50 years experience with guns and owning many guns and going to shoot regularly, I have no doubt I could shoot someone coming at me in the legs too IF there is/was time to do so.

Yes there is risk in a warning shot but there sure as hell RISK in shooting and killing someone too. If your not standing on the right square of real estate, things can get real bad for you as Mr. McCloskey found out standing on Missouri ground. In 90% of Texas, no one LIVING IN TEXAS would have thought much about what McCloskey did.


27 posted on 12/31/2022 5:51:00 AM PST by Cen-Tejas
[ Post Reply | Private Reply | To 13 | View Replies]

To: CFW

Better to keep the gun at half guard until you have to shoot. It is just as intimidating and more defensible in court.


28 posted on 12/31/2022 7:20:09 AM PST by circlecity
[ Post Reply | Private Reply | To 11 | View Replies]

To: Steve Van Doorn

They pleaded down to a lesser crime, rather that risk it all by getting the “full ride” (a greater crime) from a (liberal) jury.


29 posted on 12/31/2022 7:26:10 AM PST by SgtHooper (If you remember the 60's, YOU WEREN'T THERE!)
[ Post Reply | Private Reply | To 4 | View Replies]

To: ModelBreaker

Not so. The BLM mob broke down the gate to the private community clearly marked no trespassing. With the destruction of private property and the illegal gathering of the mob, these people clearly felt threatened. I admire their restraint.

I’m not sure what I would have done. IOW, don’t mess with a gated community. You don’t know what lengths they will go to protect their property. This could have easily been a massacre.


30 posted on 12/31/2022 7:48:28 AM PST by DownInFlames (P)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Steve Van Doorn

Does anyone remember why they pleaded guilty?


I might.

The StL district attorney charged them with felonies. This would be the same D.A. who hounded governor Greitens out of office and who declined to charge any of the people (racial injustice protestors) who broke into their private, gated neighborhood, or tore down statues in St. Louis.

Governor Parsons had promised them a pardon, but as I understand it, under the Missouri Constitution, he can only issue a pardon after a case has been decided. When they were offered a plea deal, plead guilty to a misdemeanor and end the case now—and get the pardon they took the deal. I imagine they saved much more money in legal fees than the two guns were worth.

This is not to say that they should get the guns back. Despite Missouri’s overall conservatism, St. Louis is not a place where whites who resist ‘racial injustice protestors’ are likely to get a fair shake from the powers-that-be.


31 posted on 12/31/2022 8:08:27 AM PST by hanamizu
[ Post Reply | Private Reply | To 4 | View Replies]

To: jacknhoo
"They should never have taken a plea deal."

That's easy to say when it's not your liberty at stake.

32 posted on 12/31/2022 8:46:26 AM PST by Paal Gulli (The world will not be destroyed by those who do evil, but by those who watch and do nothing.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: hanamizu; FreedomPoster; Roccus

Thank you


33 posted on 12/31/2022 11:30:16 AM PST by Steve Van Doorn (*in my best Eric Cartman voice* 'I love you, guys')
[ Post Reply | Private Reply | To 31 | View Replies]

To: ModelBreaker
They pointed guns at people who were not threatening them.

I would consider breaking through the gate into my gated community threatening.

Also, those guns were not loaded and one was not operable.

34 posted on 12/31/2022 12:06:56 PM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
[ Post Reply | Private Reply | To 6 | View Replies]

To: DiogenesLamp

WE’RE GOING TO NEED TO START KILLING A LOT OF DEVIANTS


35 posted on 12/31/2022 12:07:19 PM PST by Lazamataz (The firearms I own today, are the firearms I will die with. How I die will be up to them.)
[ Post Reply | Private Reply | To 34 | View Replies]

To: ModelBreaker
They pointed guns at people who were not threatening them.

WE'RE GOING TO HAVE TO START KILLING A LOT OF DEVIANTS

YOU DEVIANT

36 posted on 12/31/2022 12:09:17 PM PST by Lazamataz (The firearms I own today, are the firearms I will die with. How I die will be up to them.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: DiogenesLamp

Also, those guns were not loaded and one was not operable.


Not a lawyer, but I believe that a gun’s being unloaded or even inoperable is irrelevant as far as the law is concerned. How is the person it’s pointed at to know?

And yes, having a mob break down a door/gate to gain access to your neighborhood (they were on the way to the mayor’s home) is threatening in and of itself and the prosecution of the couple instead of the mob (led by Congresswoman-elect Cori Bush) is typical of how justice is administered by Soros-backed prosecutors.

Despite being found to be unethical in her prosecution of Greitens, she was still re-elected to office and will likely hold the job as long as she wants. That’s how a majority of St. Louis voters roll.


37 posted on 12/31/2022 12:19:31 PM PST by hanamizu
[ Post Reply | Private Reply | To 34 | View Replies]

To: hanamizu
Not a lawyer, but I believe that a gun’s being unloaded or even inoperable is irrelevant as far as the law is concerned. How is the person it’s pointed at to know?

I think it was a lawyer that said "The law is an @$$."

Years of watching it operate has convinced me that the legal system far too often gets it wrong.

I remember an announcement years ago about a man who spent 15 years in prison being released because DNA proved he was innocent.

At the time I thought to myself, "How do you prove a man "guilty" when he did not in fact commit the crime?"

It should be impossible, yet here we have seen it time and time again.

Somehow juries do the impossible and "prove" someone did something when the reality is that the person did not do the thing.

That very day I realized our legal system had a big freaking hole in it.

38 posted on 12/31/2022 12:32:42 PM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
[ Post Reply | Private Reply | To 37 | View Replies]

To: ModelBreaker

If you stop breaking your models, you won’t have to glue them back together so much and you will be able to think clearly.


39 posted on 12/31/2022 12:51:34 PM PST by Sarcazmo ("Sarcasm is the highest form of wit" ~ O. Wilde)
[ Post Reply | Private Reply | To 6 | View Replies]

To: DiogenesLamp

I think it was a lawyer that said “The law is an @$$.”


It was Dickens. “If the law supposes that, the law is a ass—an idiot” in Oliver Twist.


40 posted on 12/31/2022 12:59:04 PM PST by hanamizu
[ Post Reply | Private Reply | To 38 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-44 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson