The Charge Against St. Louis Couple for Defending their Home

The Charge Against St. Louis Couple for Defending their Home
The Charge Against St. Louis Couple for Defending their Home

U.S.A.-(AmmoLand.com)- 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.

Section 563.031 specifically allows the use of deadly force, not just showing a weapon, against people who have entered private property unlawfully. In order to be justified, the person using the force must reasonably believe such force to be necessary to defend themselves or a third person from the unlawful use of force.

(3) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter private property that is owned or leased by an individual, or is occupied by an individual who has been given specific authority by the property owner to occupy the property, claiming a justification of using protective force under this section.

There is no question the rioters unlawfully entered the private property, which makes this charge very unlikely to stick.

The only serious question would be if the McCloskeys could be shown to be “unreasonable” in their fear of the angry mob who had entered their private property unlawfully, and by their account, threatened them, their dog, and their home with violence.

The left is pushing that narrative. At a left-wing site, the fact that the angry crowd entered unlawfully, and were reported to be shouting threats at the McCloskeys, is ignored, and the crowd is portrayed as “peaceful protestors” “walking by” the McCloskeys' house. From lawandcrime.com:

Here is some of the video. The crowd does not sound “peaceful”. 300 or 400 loud “protestors” certainly constitute disparity of force.

The video, obviously taken and posted by those on the side of the BLM activists, shows the need to record incidents on media the defenders' control.

Video from the McCloskey's perspective would be powerful evidence in court.

Prosecutors have absolute immunity, granted to them by the Supreme Court in the 1970s and '80s. Kim Gardner has little to fear. She can take the McCloskey's guns and claim the mob was peaceful, without fear of a lawsuit.

The McCloskeys are likely to prevail in court. But Kim Gardner can inflict considerable punishment by process.

The situation shows the importance of strong Castle Doctrine laws. Without the clear Missouri Castle Doctrine law, the McClosky's would be in serious danger of going to prison, merely for defending themselves.

All it takes is a political prosecutor who is on the side of the mob.



About Dean Weingarten:Dean Weingarten

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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FORD Will
FORD Will
14 days ago

The governor(A.G), either one, should take this TW?T out of office and charge her with malfeasance.

Old Reloader
Old Reloader
15 days ago

Old Reloader wishes to retract his comments. Need to get new glasses.
My apologies to all.

Patriot Solutions
Patriot Solutions
15 days ago

When the violent insurrectionists show up at your house see if Trump sends armed guards to protect you like he did for them as I read because I’m betting that these guys received special treatment that none of us would ever even be considered to receive. I’m thinking these guys have all the cash in the world to buy more guns, hire armed guards and lawyers to protect them while blue collar folks are being killed off everywhere. I some how think that fat cat lawyers in multi-million dollar mansions are not as big a victims as they portray to… Read more »

StLPro2A
StLPro2A
15 days ago

Massad Ayoob is an irrefutable expert witness authority on application of deadly force in all 50 states. From Massad Ayoob’s CONCEALED CARRY book pp44-45 the formula to determine to use deadly force is rock solid, engraved in stone, as what court calls “common custom and practice”. Deadly force is only permissible in immediate situation of unavoidable danger of death or grave bodily harm, as determined by simultaneous presence of the triad criteria: Ability, Opportunity, Jeopardy. Ability (disparity of force is a recognized weapon) CHECK; Opportunity (aggressor capable of immediately employing that power) CHECK; Jeopardy (manifest intent expressed in words/actions) CHECK.… Read more »

Just1Saddletramp
Just1Saddletramp
15 days ago

Liberals, antifas, and liberals have gone overboard with their radical ideas but many people who think they are conservative have done likewise, especially those who are defending the McCloskey’s. It is a prime example of Newton’s Third Law of Motion. Laws vary from state to state but my home state has ” Stand Your Ground ” and “Castle Doctrine” laws that stand near the top for firearm rights. That being said, in my home state the McCloskey’s would absolutely have charges filed against them for violations of said laws. Prior to their actions there is not any evidence that their… Read more »

Arizona Don
Arizona Don
15 days ago

After reading many of the comments here I’m not certain very many people understand just what is going on in America right now. We are obviously in a war it is just the conservatives are not fighting yet! This is and has been an organized effort to take a duly elected president out of office. However, it is not President Trump they are after it is total and complete control over everyone and everything in America! A coup d’etat better explains what is going on at this very moment. This effort is gong to get worse much worse as we get closer to November 3. Make… Read more »

Patriot Solutions
Patriot Solutions
15 days ago
Reply to  Arizona Don

Apparently you missed the chapter where it says the violent insurrectionists in the streets are also holding public office in those jurisdictions which is a critical point that I thought everybody understood at this late game time.

Degforyou
Degforyou
15 days ago
Reply to  Arizona Don

I don’t think voting is going to work like it’s suppose to. Dems are going to be adding votes from dead people. This is why Dems want mail in votes so they can defraud the voting.

Sigguy
Sigguy
15 days ago

So where is the NRA??
So where is the GOA??
So where is the NAGR??

So where are all the pro gun organizations?

Seems they should all be jumping on this to come to the defense of the McCloskys!!!!! And get that dumb prosecutor out of office

Patriot Solutions
Patriot Solutions
15 days ago
Reply to  Sigguy

Yeah no doubt, they should be there selling them on the idea of getting un-constitutional permits like they do us. Get em used to buying their rights.

JIAZ
JIAZ
15 days ago

November 2020 thru February 2021 is shaping up to be an unpredictable and chaotic time in the USA. Being a member of a Mutual Aid & Assistance Group in your home state is smart preparation.

Mission: create a class of Americans that are willing to protect and defend themselves, their families, and their communities from violent actors in turbulent times. We are a pro-active class that is PREPARED to MOBILIZE and DEFEND our country from all enemies foreign and domestic. 

https://www.americancontingency.com/

https://www.youtube.com/watch?v=KLbbyf349Is

Old Reloader
Old Reloader
15 days ago

I find it absolutely amazing that no one has noticed or mentioned yet that the AR-15 rifle McCloskey was holding is actually a BB gun. Get a close-up photo and zoom in as much as you can. The upper receiver has the distinctive bump under the carry handle of the subject weapon that is only found on BB guns that mimic the AR-15. I’ve handled hundreds of them and never have I seen this on a real AR. When Mr. McCloskey was on Tucker Carlson this past Monday he gave a little hint that there will be some revelations soon… Read more »

Last edited 15 days ago by Old Reloader
1MOA2Day
1MOA2Day
15 days ago
Reply to  Old Reloader

I don’t think it matters to the prosecutor. She would file charges against you if you were driving in a car, someone threatened you and you “displayed” a real BB gun or one with RED tip air soft gun.

Tionico
Tionico
15 days ago
Reply to  Old Reloader

the lethality or lack thereof of eitiher of these “things” they were holding as they stood in their front yard has not nor ever will be an issue in the pea-brain of the prosecutor. Its not about lethal force at all. Its all about the FEELZ and the VIZ…. and this treasonous prosecutor “making a name for herself”. (what KIND of name and amongst WHO is a side issue, not relevant at present).If I were this couple I’d certainly move for a change of venue to OUTSIDE of St. Louis COunty. NO WAY will an impartial jury ever be seated… Read more »

Just1Saddletramp
Just1Saddletramp
15 days ago
Reply to  Old Reloader

Based on the assumption that you beliefs/claims are true, the McCloskey’s would have to be classified on a level below dumber than dumb. Why? No one in their right mind carry a “dummy” weapon to confront a crowd with some radical members who are carrying the real thing

StLPro2A
StLPro2A
15 days ago
Reply to  Old Reloader

Wielding an object that a reasonable person would construe as a deadly weapon does not avoid brandishing. If you are using it as a deadly weapon, it is construed in law as a deadly weapon. That’s why shooting someone pointing a airsoft gun at you is not protected from being shot by you.

SoSueMe
SoSueMe
15 days ago

I grow weary of politicians, bureaucrats, and attorneys at law violating the law with impunity. It’s time for the citizens militia to defend the law; the Constitution against domestic enemies!

uncle dudley
uncle dudley
15 days ago

Prosecutor Gardner has refused to follow up on certain cases in St Louis because she felt the police officers set up the accused and she has also refused to hear testimony from a large group of police officers. She is a racist who thinks that the blacks in St Louis have received unfair treatment across the board. This incident happened on a private road that was posted against trespassing yet the protesters tore the gate open and entered at their own risk, they are lucky it wasn’t Billy Bubba’s property he most likely would took more action than just displaying… Read more »

Rock
Rock
15 days ago

The wife needs some SERIOUS training, she’s not holding a cup of tea !!!
Looks like a Raven or Lorcin, “one shot wonder”.
ONE SHOT and it jams, leaving you to WONDER why you bought the cheapest P.O.S. to protect your life…
They may want to switch to the REPUBLICAN party now, cause the Dems just F**KED them !!!!!

Rowboat
Rowboat
15 days ago
Reply to  Rock

Yep, they are rank amateurs alright; like most of the gun owners in the Country. Most haven’t had the benefit of military, police or certified instructor training, or have never been hunting; but once again, the mere presence of a firearm had the effect of keeping the scumbags away. I predict that this encounter will do several things for the McCloskies ; 1. They will become Trump supporters. 2. They will get better firearms ( although the AR is a good start ) 3. They will seek training from a professional. 4. They will get a bigger mean ass dog… Read more »

Tionico
Tionico
15 days ago
Reply to  Rowboat

If they are REALLY awakened (note well, I did not wrote “woke”) they will do all of the above, AND move OUT of St. Loiuis Metro area. That area, and parts of KC MO are cesspits largely BECAUSE gummit uffishuls like this Gardner creature infest the halls of power. Vote them out of office in YOUR life with your feet. They could prolly sell that nice estate for a fat buck, go find a really nice place not that far away (certainly within an hour’s drive) and put a big chunk of cash aside in a Rainy Day Fund….. a… Read more »

John
John
16 days ago

We have been conditioned over the years that Rights are not absolute. With this narrative, the 2nd Amendment has been reduced from absolute Government Restriction “Shall not infringe” to Rights are not absolute.

You see, “Shall not infringe” IS absolute.

The three branches of government are in coohotes together dreaming up all kinds of ways Rights are not absolute, as this St Louis prosecutor, totally ignoring the restriction “shall not infringe”, and Madison clearing warned such conduct to be tyranny!

Last edited 15 days ago by John
Mystic Wolf
Mystic Wolf
15 days ago
Reply to  John

Imagine what it will be if quid-pro-joe gets into office, we could kiss all of our rights goodbye, and you can bet the house he will get rid of everything he can and the satan worshipping DEMONcrats would protect him every step of the way.

Quatermain
Quatermain
15 days ago
Reply to  Mystic Wolf

This election will decide nothing at the ballot box that will be accepted. What` comes after that is the question.

Ryben Flynn
Ryben Flynn
16 days ago

Ironically, both of them are Democrats.

nrringlee
nrringlee
16 days ago

This progressive pair has walked in to a minefield of their own making. Folks like these who live the “legislate everything” lifestyle soon find themselves caught up in their own mess. But here is the skinny. Those of us who have carried firearms, actually weapons professionally for a few decades know t hat rule number one is you never muzzle flash anyone or anything that you do not intend to destroy. Back when I was a young pup in a land far away doing so earned you a beat down. Whoever trained these two needs to take up golf. Semper… Read more »

Mystic Wolf
Mystic Wolf
15 days ago
Reply to  nrringlee

True, when I was in the COAST GUARD, going through weapons training if you as much as turned a little bit from downrange you were removed from the range.

SoSueMe
SoSueMe
15 days ago
Reply to  nrringlee

….but, they weren’t trained is the problem.

Finnky
Finnky
15 days ago
Reply to  nrringlee

@ring – My expectation on first viewing was that a local instructor would reach out to them and offer instruction. Perhaps potential liability with this pair exceeds advertising benefit of addressing their obvious need. The woman looks like it is the first time she’s touched a gun and the man isn’t much better. Hate to admit prejudice, but my knee jerk assumption was that they are anti-gun Democrats – just from a short video. Still suspect they believe in their own rights but not ours. Now and read that they are receiving offers of replacements for seized firearms – but… Read more »

JH1961
JH1961
16 days ago

TROLl ALERT! Where are the moderators?

JH1961
JH1961
16 days ago

Immunity or not, ‘maliious prosecution’ is legally and morally indefensible.

GUNFUN
GUNFUN
16 days ago

I love to see these democrats in the news.

Finnky
Finnky
15 days ago
Reply to  GUNFUN

@GF & – Which ones? The protesters or the gun wavers?

Which ones are going to learn from this event and what is the lesson? More importantly, what are the rest of us going to learn from this?

Patriot Solutions
Patriot Solutions
16 days ago

Missouri AG files brief to get charges tossed. Link below.

Transition from Maritime law to Constitutional law can be a bumpy ride. The President of the world is not going to simply hand freedom over to We The People without a fight but I know, you guys still think you’re just fighting those Democrat communists and Soros.

https://www.thegatewaypundit.com/2020/07/update-missouri-attorney-general-files-brief-dismiss-junk-charges-mccloskeys/

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Donttreadonme
Donttreadonme
16 days ago

Shame on law enforcement for carrying out this clearly ridiculous order. They should have refused, just like they refuse to arrest all the animals that are creating this chaos in the first place.

Finnky
Finnky
15 days ago
Reply to  Donttreadonme

@don’t – Two reasons. (1) they were ordered to back off from riots. (2) raiding a home with limited number of peaceful and compliant adults is far safer. As the saying goes “If you ever find yourself in a fair fight, it is time to reevaluate your tactics.” Flip side is when drastically outnumbered (mob vs a few cops) they reevaluate their strategy.