St. Louis couple charged for pulling guns at protest

[George II]

Source: Politico

By ASSOCIATED PRESS

07/20/2020 05:23 PM EDT

ST. LOUIS — St. Louis’ top prosecutor told The Associated Press on Monday that she is charging a white husband and wife with felony unlawful use of a weapon for displaying guns during a racial injustice protest outside their mansion.

Circuit Attorney Kim Gardner announced the charges against Mark and Patricia McCloskey, who are both personal injury attorneys in their 60s. They also face a misdemeanor charge of fourth-degree assault.

Gardner said in an interview with the AP ahead of more broadly announcing the charges that the McCloskeys’ actions risked creating a violent situation during an otherwise nonviolent protest.

“It is illegal to wave weapons in a threatening manner — that is unlawful in the city of St. Louis,” Gardner said.

Read more: https://www.politico.com/news/2020/07/20/st-louis-couple-charged-guns-373517

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This is a STATE/City charge, no pardon possible!

[mahatmakanejeeves]

1. No federal pardon possible. State-level pardon, sure. NT

[Kaleva]

2. I think the Gov. said he'll pardon the couple.

[Mr.Bill]

3. They could both be disbarred

and he couldn't do anything about that.

[Bernardo de La Paz]

4. A pardon does not erase conviction, so they'd have to give up their guns for life, I think. . . . nt

[nykym]

7. Yep!

There is a lifetime ban from possessing firearms for ALL felony convictions, not just violent felonies. However, the new Missouri expungement statute provides for the removal of all “collateral” consequences of some felony convictions if the expungement action is successful. RSMo 610.140. Note that this applies to state crimes and not federal convictions.

[3Hotdogs]

8. Oh, nooos. Not give up the gunz !

[Hangingon]

9. No

October 1996 Page 84 11. LOSS AND RESTORATION OF STATE FIREARMS PRIVILEGES1
A person convicted of any "dangerous felony,"* an attempt to commit a dangerous felony, or of a crime under the laws of any state or of the United States which, if committed in Missouri, would be a dangerous felony, may not possess a of concealable firearm3for five years after conviction or release from confinement for such a conviction, whichever is later.
Mo. Rev. Stat. 8 571,070.1. A person who has been convicted of a crime punishable by imprisonment for a term exceeding one year under the laws of any state or of the United States (other than a crime punishable by imprisonment of two years or less, classified as a misdemeanor, and not involving an explosive weapon, firearm, silencer, or gas gun) may not obtain a permit to acquire a concealable firearm. Mo. Rev. Stat. 8 571.090.1(2). Without such a permit, it is illegal to purchase, lease, borrow, exchange, or receive a concealable firearm. Mo. Rev. Stat.

[George II]

13. That and other ramifications. A pardon (or commutation) doesn't expunge their records....

In addition to probably giving up their guns (laws differ between states), there will be other legal ramifications, too. They'll be on TSA lists, if they want to travel outside the US they'll be scrutinized by immigration in the other country, etc.

[Kaleva]

14. It is my understanding that an acceptance of a pardon is admission of guilt.

[SWBTATTReg]

5. Good good good! As a resident of the city of STLMO where these two jokers pulled their guns on ...

unsuspecting protesters who were simply passing by their house on their way to somewhere else, I was shocked, that two so called attorneys pulled their guns on people simply walking by on the sidewalks. God, if I were walking my dog or something on the sidewalk (like I do a lot), and a neighbor pulled a gun on me, I'd be livid. I hope they lose their licenses too, they knew better than this, and if they had an issue, why didn't they call the police instead??? Why did they have to be the ones to act, instead of common sense and call the police? Better yet, I seem to remember that their neighborhood has a security service too, that periodically traveled the streets over there (CWE Central West End).

[BumRushDaShow]

6. As noted, the governor apparently plans to absolve the criminals

Parson says pardon likely if St. Louis couple charged

By JIM SALTERJuly 18, 2020

O’FALLON, Mo. (AP) — Missouri Gov. Mike Parson told a radio host that based on the information he’s received, it’s likely he would pardon a white St. Louis couple if they are charged for brandishing guns during a racial injustice protest outside their mansion. Democratic Circuit Attorney Kim Gardner is investigating Mark and Patricia McCloskey, both in their 60s, for an incident on June 28. Protesters who were marching to the nearby home of Mayor Lyda Krewson walked onto the private street where the McCloskeys live.

The couple accused demonstrators of knocking down an iron gate marked with “No Trespassing” and “Private Street” signs, though a protest leader has said the gate was already open and no protesters damaged it. The McCloskeys came outside with weapons — him with a long-barreled gun and her with a small handgun.

Their actions, captured on video and viewed by millions, drew praise from some who said they were legally defending their home, but scorn from others who said they risked bloodshed by displaying the weapons. Photos emerged as memes on both sides of the gun debate.

Gardner has not disclosed whether she intends to file charges, but several leading Republicans — including President Donald Trump, Sen. Josh Hawley and Parson — have criticized her for even deciding to investigate the couple. Parson cited Missouri’s “castle doctrine” law that justifies lethal force for those protecting their homes. Hawley is seeking a U.S. Department of Justice investigation of Gardner.

/snip

https://apnews.com/f2628f500ee310d289407f6b5753c314

I believe here in PA, we also have that "Castle Doctrine" vs "Stand Your Ground". But one can imagine if that couple had both been black lawyers in a house like that, they would have been 6 ft under by now.

[Kaleva]

15. But a conviction will still be on their record and they might not be able to own guns

"Pardon Effects
Pardons symbolize forgiveness for the crime, but usually don’t wipe out guilt or expunge the conviction. This typically means that, where asked, job applicants must disclose the conviction, though they can add that a pardon was granted. It also means courts can consider pardoned offenses when deciding the appropriate punishment for any future crimes. See below for more on the effects of pardons."

https://www.nolo.com/legal-encyclopedia/pardons.html

[BumRushDaShow]

17. These 2 apparently have a history

of being litigious rabble-rousers.

[Cha]

10. Excellent!

[warmfeet]

11. May they be prosecuted to the full extent

of the law.

[bucolic_frolic]

12. Don't know why they came out of their house

to confront what they believed to be a hostile crowd.

[empedocles]

16. Lot of weird around that. Lead story on fox 6p news

[Kaleva]

18. They may have felt their plush lawn was in extreme danger.

[Steelrolled]

21. Some people like confrontation.

[TeamPooka]

19. Brandishing a gun is illegal because if you pull a gun oua person is justified in feeling threatened

and can pull a gun to shoot the brandisher in self defence.
It basically starts gunfights and shoot outs.

[keithbvadu2]

20. And Trump wants them at his rally?

And Trump wants them at his rally?

[The Mouth]

22. highly symbolic

For many, the right to defend your property is an absolute.