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Thread: Missouri AG moves to dismiss charges against couple who pointed guns at crowd

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    Missouri AG moves to dismiss charges against couple who pointed guns at crowd

    Missouri AG moves to dismiss charges against couple who pointed guns at crowd
    Bradford Betz

    Missouri Attorney General Eric Schmitt on Monday moved to dismiss charges brought by St. Louis’ top prosecutor against a couple who pointed guns at a crowd marching to the mayor’s home last month, Fox News has learned.
    St. Louis Circuit Attorney Kim Gardner, the city’s top prosecutor, said Mark and Patricia McCloskey – both personal injury attorneys in their 60s – will be charged with felony unlawful use of a weapon following the June 28 incident.
    It is illegal to wave weapons in a threatening manner -- that is unlawful in the city of St. Louis," Gardner said in a statement. She added that she was recommending a diversion program as an alternative to jail if the McCloskeys are convicted. Gardner declined to discuss to why Missouri’s “castle doctrine,” a law that justifies deadly force for those who are defending their homes from intruders, didn’t apply.
    Within hours of the ruling, Missouri Attorney General Eric Schmitt filed a brief seeking to dismiss Gardner’s charges against the McCloskeys on the grounds that their Second Amendment rights are being violated
    “The right to keep and bear arms is given the highest level of protection in our constitution and our laws, including the Castle Doctrine, which provides broad rights to Missourians who are protecting their property and lives from those who wish to do them harm,” Schmitt said in a prepared statement provided to Fox News.
    The rest here:
    http://www.msn.com/en-us/news/crime/...id=mailsignout

    At least the state AG knows about law, as well.........
    This will send the graboids over the edge...............
    For waltky: http://quakes.globalincidentmap.com/
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    Good for the AG.
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    Quote Originally Posted by Peter1469 View Post
    Good for the AG.
    the prosecutor who filed the charges was probably one of those "woke" people....
    Can't have citizens defending themselves against the true love of the liberal, can we...........
    For waltky: http://quakes.globalincidentmap.com/
    "The Nation that makes a great distinction between its scholars and its warriors will have its thinking done by cowards and its fighting done by fools."
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    Igitur qui desiderat pacem, praeparet bellum

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    Quote Originally Posted by stjames1_53 View Post
    the prosecutor who filed the charges was probably one of those "woke" people....
    Can't have citizens defending themselves against the true love of the liberal, can we...........
    Just listen to her crap in from of the cameras. She is woke.
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    That was the one thing that I was wondering, the Castle doctrine should take care of it but it has loop holes but MO is a stand your ground state

    With it being a stand your ground state, there is no possible prosecution.

    i

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    Quote Originally Posted by zelmo1234 View Post
    That was the one thing that I was wondering, the Castle doctrine should take care of it but it has loop holes but MO is a stand your ground state

    With it being a stand your ground state, there is no possible prosecution.

    i
    Self defense is a defense to the MO law of misuse of firearms. I think the Castle Doctrine is better in that it would block prosecution for the misuse charge. But the Castle Doctrine may not apply if the protesters did not get onto the couple's property. Self defense works though.
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    Quote Originally Posted by Peter1469 View Post
    Self defense is a defense to the MO law of misuse of firearms. I think the Castle Doctrine is better in that it would block prosecution for the misuse charge. But the Castle Doctrine may not apply if the protesters did not get onto the couple's property. Self defense works though.
    But they are also a Stand your Ground State, The Couple has no legal obligation to retreat from the mob, that on top of the Castle Doctrine is going to make it very hard for them to prove that they did anything illegal, NOW Wrong all you have to do is watch them handle the guns, they are luck they did not shoot themselves LOL

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    Quote Originally Posted by stjames1_53 View Post
    Missouri AG moves to dismiss charges against couple who pointed guns at crowd
    Bradford Betz

    Missouri Attorney General Eric Schmitt on Monday moved to dismiss charges brought by St. Louis’ top prosecutor against a couple who pointed guns at a crowd marching to the mayor’s home last month, Fox News has learned.
    St. Louis Circuit Attorney Kim Gardner, the city’s top prosecutor, said Mark and Patricia McCloskey – both personal injury attorneys in their 60s – will be charged with felony unlawful use of a weapon following the June 28 incident.
    It is illegal to wave weapons in a threatening manner -- that is unlawful in the city of St. Louis," Gardner said in a statement. She added that she was recommending a diversion program as an alternative to jail if the McCloskeys are convicted. Gardner declined to discuss to why Missouri’s “castle doctrine,” a law that justifies deadly force for those who are defending their homes from intruders, didn’t apply.
    Within hours of the ruling, Missouri Attorney General Eric Schmitt filed a brief seeking to dismiss Gardner’s charges against the McCloskeys on the grounds that their Second Amendment rights are being violated
    “The right to keep and bear arms is given the highest level of protection in our constitution and our laws, including the Castle Doctrine, which provides broad rights to Missourians who are protecting their property and lives from those who wish to do them harm,” Schmitt said in a prepared statement provided to Fox News.
    The rest here:
    http://www.msn.com/en-us/news/crime/...id=mailsignout

    At least the state AG knows about law, as well.........
    This will send the graboids over the edge...............
    You also have the right to carry certain pocket knives, or carry a baseball bat. The moment you threaten somebody with any of these, you enter an entirely different demographic.

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    Quote Originally Posted by zelmo1234 View Post
    But they are also a Stand your Ground State, The Couple has no legal obligation to retreat from the mob, that on top of the Castle Doctrine is going to make it very hard for them to prove that they did anything illegal, NOW Wrong all you have to do is watch them handle the guns, they are luck they did not shoot themselves LOL
    I've never heard of a state being both.

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    Quote Originally Posted by Peter1469 View Post
    Self defense is a defense to the MO law of misuse of firearms. I think the Castle Doctrine is better in that it would block prosecution for the misuse charge. But the Castle Doctrine may not apply if the protesters did not get onto the couple's property. Self defense works though.
    I grew up in a Castle Doctrine state. I've been told by cops that if someone breaks into your home, but exits before you shoot them, you'd better drag them back into the house before you call the cops.

    Castle Doctrine literally entails the protection of your home. Not your lawn, unless you are being threatened with deadly force. You are certainly allowed to physically defend yourself with your hands if you are merely threatened.

    But killing is different, and threatening with a firearm outside the home is illegal.

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