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Mark McCloskey won’t get his guns or money back despite pardon, Missouri judge rules
The Hill ^ | 12/30/22 3:56 PM ET | BY JULIA SHAPERO

Posted on 12/31/2022 4:34:49 AM PST by RandFan

A Missouri judge ruled on Wednesday that Mark McCloskey — the St. Louis lawyer who pointed a gun at Black Lives Matter protesters marching near his front lawn in 2020 — will not get his guns or his money back despite receiving a pardon last year.

McCloskey and his wife, Patricia McCloskey, pleaded guilty in July 2021 to misdemeanor charges for assault and harassment over the incident. The couple surrendered a Colt AR-15 rifle and a Bryco .380-caliber pistol as part of the plea agreement, according to the St. Louis Post-Dispatch.

However, after Missouri Gov. Mike Parson (R) pardoned the McCloskeys in August 2021, Mark McCloskey filed a lawsuit seeking the return of the couple’s guns and a refund for fines they paid.

Circuit Judge Joan Moriarty rejected McCloskey’s request on Wednesday, noting that he and his wife are “required to follow through with their end of the bargain” despite the pardon, the Post-Dispatch reported.

“While the governor’s pardon does clear plaintiff’s record of the conviction, his guilt remains and the terms of an agreement that predicated said guilt also remains,” Morarity added.

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


TOPICS: Miscellaneous; News/Current Events; US: Missouri
KEYWORDS: banglist; democratstooge; joanmoriarty; markmccloskey; melcarnahan; melcarnahanstooge; mikeparson; missouri; patriciamccloskey; smellcarnahan; theshill
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To: RandFan

Lawsuit to follow.


21 posted on 12/31/2022 5:39:29 AM PST by Clutch Martin ("The trouble ain't that there is too many fools, but that the lightning ain't distributed right." )
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To: RandFan

A lot of people here who complain about judges refuse to vote for ‘non-perfect’ GOP candidates.

...and it doesn’t take much math to understand that those people are getting EXACTLY the expected results of their non-voting.


22 posted on 12/31/2022 5:40:50 AM PST by BobL
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To: Machavelli

She’s protected in St. Louis...


23 posted on 12/31/2022 5:53:44 AM PST by Eric in the Ozarks (Baseball players, gangsters and musicians are remembered. But journalists are forgotten.q at)
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To: mewzilla

......”I no longer think we’re going to move away from this”.......

I agree - voting now is only a matter if you’re registered or not.


24 posted on 12/31/2022 6:05:05 AM PST by caww (O death, when you seized my Lord, you lost your grip on me......Augustine)
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To: RandFan

All Arab News (AP) calls this man a ‘gun waiver’ as though he were engaging in brandishing against innocents.


25 posted on 12/31/2022 6:05:35 AM PST by robowombat ( )
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To: RandFan

She is elected, and her term ends in 2024

https://ballotpedia.org/Joan_L._Moriarty


26 posted on 12/31/2022 6:22:27 AM PST by AlbertWang
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To: RandFan

With the pardon they are certainly free to go an purchase new. They are not “prohibited possessors” after being pardoned.


27 posted on 12/31/2022 6:43:33 AM PST by Ouderkirk (The modern world demands that we approve what it should not even dare ask us to tolerate.)
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To: RandFan

Does she live in St. Louis ?


28 posted on 12/31/2022 6:59:56 AM PST by Eric in the Ozarks (Baseball players, gangsters and musicians are remembered. But journalists are forgotten.q at)
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To: noiseman

A pardon negates the conviction but the conviction stays on your record. Based on that, your right to buy or own a gu. Is nullified.


29 posted on 12/31/2022 7:35:18 AM PST by DownInFlames (P)
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To: mewzilla

“As long as Deep State has the mechanisms available to steal elections, every state still free is on borrowed time.

Free states are just one stolen election away from disaster.

I no longer think we’re going to move away from this.”

The ability to steal elections and the fact that they run the inJustice Dept means Americans have NO RECOURSE against DemocRAT insanity. As seen in the last “election” instead of having to change course because their policies are unpopular, it’s now full steam ahead. Criminal DemocRATS walk free while innocent Republicans are indefinitely locked away in Biden’s Gulag. Meanwhile the Republican party hides in a closet.


30 posted on 12/31/2022 7:42:06 AM PST by Brooklyn Attitude (I went to bed on November 3rd 2020 and woke up in 1984.)
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To: DownInFlames

With the exception of the unconstitutional Lautenberg amendment re domestic violence misdemeanors, gun rights are not nullified for misdemeanors.


31 posted on 12/31/2022 8:08:22 AM PST by allblues (God is neither a Republican nor a Democrat but Satan is definitely a Democrat)
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To: RandFan

Please correct me if I am wrong, lawyer Freepers, but doesn’t the acceptance of a pardon imply guilt?


32 posted on 12/31/2022 8:09:57 AM PST by FormerFRLurker
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To: FormerFRLurker

The Missouri Justice Dept was bought by George SoreAss years ago.


33 posted on 12/31/2022 8:35:09 AM PST by CMailBag
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To: noiseman
"My understanding of a pardon is that it’s like nothing ever happened."

Wasn't the pistol Patricia McCloskey holding not even capable of firing. Then the Circuit Attorney Kim Gardner had the gun repaired after it had been confiscated by the police? Gardner was later removed from the case, and her removal was confirmed by the Missouri Supreme Court. You'd think that in itself would cause a Judge to release whatever property of the McCloskey's is being held.

34 posted on 12/31/2022 9:09:43 AM PST by mass55th ("Courage is being scared to death, but saddling up anyway." ~~ John Wayne )
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To: FormerFRLurker
”… doesn’t the acceptance of a pardon imply guilt?”

From that Constitution thingy:
and he shall have Power to grant Reprieves and Pardons for Offences against the United States,”

I don’t see anything about guilt or innocence. My understanding is that the President has the power to dictate the governments actions regarding any accusation of having committed a crime. That would seem to include elimination of punitive fines. I wouldn’t rule out the possibility that some pardons might leave convictions intact. I don’t believe the President is limited in that way, however.

I don’t recall that Ford’s pardon of Nixon even particularized what crimes might have been committed.

35 posted on 12/31/2022 9:24:23 AM PST by William Tell
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To: RandFan

Even a POS like a Bryco can defend one’s home from a horde of trespassing violent thug terrorists.


36 posted on 12/31/2022 10:00:01 AM PST by Organic Panic (Democrats. Memories as short as Joe Biden's eyes)
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To: cuban leaf

you also get your rights back

But you are right you do not get your property back nor the fines paid
I think given the jury pool they we’re probably afraid of a trial


37 posted on 12/31/2022 10:11:46 AM PST by wardaddy (Truth is treason in the Empire of liars)
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