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‘Unprecedented’: Missouri lawyer says political posturing is to blame for St. Louis couple’s gun seizure

Jake Dima on July 17, 2020

  • A Missouri attorney said political posturing was the reason the St. Louis couple who were seen on video defending their home with firearms had their weapons seized with charges looming.   
  • The pair had both of their firearms seized without being in front of a judge, despite Missouri not having a red flag law. St. Louis Police dodged questions about the legality of the confiscation.  
  • The Missouri attorney said the pair has an “open and shut self defense claim,” and the actions by the local court have drawn the attention of gun rights organizations and government top brass, including President Donald Trump.

A Missouri attorney said political posturing is the reason that the St. Louis couple who went viral for defending their mansion with guns had their firearms seized with charges looming.

Attorney Kevin Jamison, author of the book Missouri Weapons and Self-Defense Law, said the case against Mark and Patricia McCloskey, the duo that has become well-known for warding off protesters with an M16A2-style rifle and handgun, is “weak to say the least.” Jamison suspects political bias to have played a role in the circuit attorney’s decision to seize the McCloskey guns and ponder charges, he told the Daily Caller News Foundation in an interview.

“The prosecutor has a lot of latitude in filing charges, but I think she’s here just to posture for her political base,” Jamison told the DCNF. “We have a legal system that is operated by people, and people bring their prejudices with them when they come to work.”

St. Louis Circuit Attorney Kimberly Gardner issued the order for police to confiscate the couple’s guns, despite not yet filing charges on either one of them, St. Louis Police told the DCNF in an email. Officers left the McCloskey home with the rifle on July 10 and later retrieved the handgun, which was given to the family’s former lawyer, according to 5 On Your Side.

Gardner was quick to react to video of the incident on Twitter shortly after it became public, calling the McCloskey’s behavior a “violent assault” that the city “will not tolerate.”

Official charges have not yet been filed against the pair, but Mark McCloskey said “the rumor is that we are going to be indicted shortly,” in a Tuesday appearance on Fox News.

Red flag laws allow local police to confiscate guns without filing charges if someone is deemed a threat to themselves or others; however, Missouri doesn’t have a red flag law. The DCNF asked St. Louis police which law they used to justify the warrant, but they deferred to the circuit court who didn’t respond to the DCNF’s request.

“It just seems like they’re harassing these people,” Jamison told the DCNF.

St. Louis police told the DCNF that the McCloskey’s called 911 for help the day of the incident to report multiple individuals busting down a private gate and forcing entry into their private community. The record of the 911 call lists the incident as a trespassing and 4th degree intimidation, according to emails, but St. Louis police would not say if any demonstrators were arrested.

“[They said] that they were going to kill us,” Patricia McCloskey told Fox News. “They were going to come in there. They were going to burn down the house.”

Jamison, who has over 30 years of law experience, can only cite one other case from memory where the person who dialed 911 wasn’t considered the victim in the eyes of the law.

“The first person to call 911 is almost always the victim,” Jamison said. “It is unprecedented for the first person to call 911 being arrested and harassed in this manner.” (RELATED: Police Reportedly Seize Rifle From St. Louis Couple Who Warded Off Protesters In Viral Video)

The Gun Owners of America, a prominent pro-Second Amendment group, slammed Gardner for her decision to confiscate the couple’s guns.

“The circuit attorney in St. Louis, Kim Gardner (D), has demonstrated her disrespect for gun owners, the Second Amendment and the basic human right to armed self-defense by confiscating Mark McCloskey’s AR-15,” GOA Senior Vice President Erich Pratt said in a statement given to the DCNF.

Moms Demand Action, an anti-gun organization, said on Twitter that the “armed intimidation” displayed by the couple “has no place in our society.”

Twelve GOP lawmakers wrote a letter to Attorney General William Barr last week urging the federal government to uphold the firearms rights of the McCloskeys after news broke of the gun confiscation, according to Fox News.

Republican Missouri Sen. Josh Hawley on Thursday also wrote to Barr calling the actions of Gardner an “unacceptable abuse of power and threat to the Second Amendment,” according to a separate Fox report(RELATED: GOP Lawmakers Urge Attorney General To Defend St. Louis Couple’s Gun Rights After Firearm Confiscation)

President Donald Trump has expressed interest in intervening on behalf of the couple, said Republican Missouri Gov. Mike Parson, according to Business Insider.

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  1. Jane Stacy July 19, 2020

    give them thier guns back arrest all the protesters they are not peaceful they busted down the gate that is an act of terrorism

  2. Marilyn July 19, 2020

    This was dead wrong! The couple were the victims!
    This would be a different story if their lives and homes had been threatened! Of course they have armed body guards !! ???????????????

  3. Tom July 19, 2020

    Gardner needs to be disbarred just like Michelle Obama was disbarred.

  4. Jojodmonkey July 19, 2020

    Really? Does any true patriot give a damn about these two scumbags? These two communist a$$holes are part of the communist revolution, they were representing no good scumbags that sued the police officers that arrested them getting rich and enriching the scum of the earth of the backs of taxpayers! I say let the communist eat their own! If you want to defend someone, defend an innocent police officer!

  5. JC July 19, 2020

    Charges need to be filed against Kim Gardner and let her get the smearng she deserves for exceeding her position and therefore breaking the law herself. She does not deserve her office

  6. Fhockey July 19, 2020

    Kim just bit off more than she can chew

  7. Fhockey July 19, 2020

    Kim just bit off more than she can chew .

  8. John July 19, 2020

    Please sue anyone connected to removing weapons their 2nd Amendment right to bear arm guarantees.

  9. Just Donna July 19, 2020

    Peaceful protesters don’t break down a wrought-iron gate and walk en masse down a private street. And how many of them were brandishing weapons? Why weren’t any of them shown or detained? And do you still confiscate an inoperable gun like the handgun held by the wife? Will she be indicted for giving the illusion that she could protect herself if needed? As for intimidation, tearing down that gate and trampling into a privately owned street more than fits the bill!

  10. Just Donna July 20, 2020

    You may not like what they do for a living, but they have a right to defend the home they’ve spent decades fixing up with their sweat equity. If this case can get rid of Gardner’s selective victimization, then so be it! Face it, if she goes after lawyers who represent her favorite people, what would she do to the rest of us???

  11. Old Gringo July 20, 2020

    If someone threatens to kill me or kill members of my family or say they are planning to burn my house down…me thinks I will grab my lawful acquired firearm and show them what will happen if they try to do what they threatened to do to me and my family…This couple was within their rights to defend themselves and their property…and if the mob had charged them with the intent to kill them they would have the legal right to shoot those who about to commit murder or arson to their property…I support their actions 100%.

  12. Terry July 20, 2020

    Isn’t that “official malfeasance”?

  13. GREGORY July 20, 2020

    SUE, SUE, SUE.

  14. Rob July 21, 2020

    The main picture at the beginning of this article clearly shows a black man in white t-shirt with a rifle being pointed AT the McCloskys! Mrs. is yelling at the man, her husband standing above her
    I would say they were clearly on their own property and clearly feared for their lives! This charge will be thrown out the de as I would expect that crooked attorney seeking reelection. After the previous scandal of Jusse Smollett, I surprised she’s still there
    Clearly a crook

  15. OBSIDIAN July 21, 2020

    Imagine what they could do to you.

  16. Don July 21, 2020

    Those pushing this charade need to be removed from office never to hold an office again.

  17. Roberta July 22, 2020

    Definitely!!! What happened to the couples rights? They were standing inches from their hone. They caused harm to nobody. They were being threatened!!!

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