UPDATE: Police RAID house of gun-toting St. Louis lawyer couple and confiscate the AR-15

SpaceCritter said:
You don't understand. The ONLY thing that matters now in a case at law is the politics of the judge versus the politics of the litigants. The language of the law is immaterial.
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What would stop a case like this from being appealed all the way to SCOTUS, aside from them not granting cert in the end?

I'm dreaming of referring to Missouri vs McCloskey as a 2A precedent along with DC vs Heller.
 
SFC13557 said:
Talk about making shit up, does DB realize these two are rich Dem lawyers? If they don't destroy her in court then they get what they deserve. No such law, MO. has Castle Doctrine, Stand Your Ground and open carry. This is a signal to us peons who are not lawyers and rich.
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They are NOT DEMS, the guy is a life long republican as is his wife. Very likely that is why they are being PERsecuted.

The governor should move to have that DA disbarred and recalled.
 
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watchman said:
Woah why the change feeling unlucky AG

www.foxnews.com

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

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.
www.foxnews.com www.foxnews.com
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Because she knows she'll be brought up on federal charges of abuse of office under the color of law and for direct violation of their 2a rights along with malicious prosecution.

That DA is a complete fraud, pandering to the local blacks.
 
SERE said:
Patricia and Mark McCloskey are each facing one count of Unlawful Use of a Weapon - Flourishing, sources told News 4.
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KSDK TV 5: Charges filed against St. Louis couple who pointed guns toward protesters
...​
In order to issue the charges, prosecutors must prove the guns were capable of lethal force.​
​
Watkins told reporters the pistol Patricia McCloskey used was only a prop from a federal trial that the couple used in a case. Both of them are attorneys.​
​
A source familiar with the investigation told 5 On Your Side that police did not find any ammunition at the McCloskeys' home and the rifle was not loaded when they seized it.​
...​
Bolding mine.

In Commonwealth nations, you frequently hear of "Crown Prosecutors".
In St. Louis, it's "Clown Prosecutors".
 
jpk said:
I wouldnt be shocked if that idiot criminal prosecutor has a sudden inexplicable accident
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You know the recently popular saying that
the police are there to protect criminals from victims?
(Because society used to deal with criminals
without the formalities of a formal justice system).

Well, the State AG flushing the case is protecting that low-life DA against society's disapproval.
(Whether the low-life DA realizes it or not. Probably not).
 
DA's office ordered the crime lab to tamper with evidence and fortunately the crime lab was professional enough to document everything so the DA couldn't get away with it.
www.redstate.com

McCloskey Gun Inoperable When Police Seized It, But Prosecution Ordered Crime Lab to Make It Operable and 'Lethal'

www.redstate.com www.redstate.com

In Missouri, police and prosecutors must prove that a weapon is “readily” capable of lethal use when it used in the type of crime with which the McCloskeys have been charged.

At the request of Assistant Circuit Attorney Chris Hinckley, crime lab staff members field stripped the handgun and found it had been assembled incorrectly. Specifically, the firing pin spring was put in front of the firing pin, which was backward, and made the gun incapable of firing, according to the documents.

Firearms experts then put the gun back together, per Hinckley’s request, in the correct order and test-fired it, finding that it worked, according to the documents.

Crime lab workers photographed the disassembly and reassembly of the gun, according to the documents.
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I actually sort of want the CA to keep up her crusade. The longer she does, with all this contrary info coming out, the dumber and more ridiculous she looks. And the bigger the story will be once she has to reverse course.
 
John4166 said:
Tampering with evidence?....Who do they think they are, the FBI!
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Nah; CBS.

nstassel said:
Fixing an inoperable gun is normal in any prosecution as long as the steps taken to correct a defect are documented.
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To run a test round past NIBIN, in case it was used in some (other) crime?

If the allegations used to obtain a search warrant are not sufficient elements of a crime,
is that enough for defendants to get the warrant tossed after the fact,
and convert any gun ballistics into fruit of the poisonous tree?
 
AHM said:
Nah; CBS.


To run a test round past NIBIN, in case it was used in some (other) crime?

If the allegations used to obtain a search warrant are not sufficient elements of a crime,
is that enough for defendants to get the warrant tossed after the fact,
and convert any gun ballistics into fruit of the poisonous tree?
Click to expand...
Possibly. But for probable cause i doubt whether the gun was operable matters. Also if I recall I heard that gun was in a lawyer's possession after the incident, and that clouds its condition at the time of the incident.
 
AHM said:
...In order to issue the charges, prosecutors must prove the guns were capable of lethal force.​
​
Click to expand...

Been watching this closely, and honestly, there's a lot of bullshit just being tossed around.

Missouri Law:

Definitions relevant to the section:

563.011
"Deadly force", physical force which the actor uses with the purpose of causing or which he or she knows to create a substantial risk of causing death or serious physical injury;
"Premises", includes any building, inhabitable structure and any real property
"Private property", any real property in this state that is privately owned or leased;
"Unlawfully enter", a person unlawfully enters in or upon premises or private property when he or she enters such premises or private property and is not licensed or privileged to do so. A person who, regardless of his or her purpose, enters in or upon private property or premises that are at the time open to the public does so with license unless he or she defies a lawful order not to enter, personally communicated to him or her by the owner of such premises or by another authorized person. A license to enter in a building that is only partly open to the public is not a license to enter in that part of the building that is not open to the public.

563.041
A person may, subject to the limitations of subsection 2, use physical force upon another person when and to the extent that he or she reasonably believes it necessary to prevent what he or she reasonably believes to be the commission or attempted commission by such person of stealing, property damage or tampering in any degree.

563.031
2. A person shall not use deadly force upon another person under the circumstances specified in subsection 1 of this section unless:

(1) He or she reasonably believes that such deadly force is necessary to protect himself, or herself or her unborn child, or another against death, serious physical injury, or any forcible felony;

(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.

What we have here, obscurely written through the lack of definition of physical force, is basically Missouri stating:


A person may use non-deadly physical force upon another person when and to the extent that he or she reasonably believes it necessary to prevent what he or she reasonably believes to be the commission or attempted commission by such person of stealing, property damage or tampering in any degree.

That person however may use deadly force if...
Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter any real property in this state that is privately owned or leased 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.

These two are idiots, but they're well within their legal rights. The DA prosecuting them for pointing a weapon at protestors is laughable considering the fact they very well could have been legally justified in mowing them down. This of course hinges on the status of the property- if it is owned by the home owner, he's totally legal. If it's gated community property, it may be a different story.
 
This makes no sense:

Waher said:
crime lab staff members field stripped the handgun and found it had been assembled incorrectly. Specifically, the firing pin spring was put in front of the firing pin, which was backward, and made the gun incapable of firing
Click to expand...

Isn't the firing pin spring supposed to go in front of the firing pin?
 
nstassel said:
Fixing an inoperable gun is normal in any prosecution as long as the steps taken to correct a defect are documented.
Click to expand...

Is this like the procedure where when confronted with a fixed mag JP Arms rifle, police chose to physically destroy the fixed 10-round magazine in order to attach their own post-ban standard capacity magazine so they could charge the guy with all kinds of AWB violations?
 
amm5061 said:
Is this like the procedure where when confronted with a fixed mag JP Arms rifle, police chose to physically destroy the fixed 10-round magazine in order to attach their own post-ban standard capacity magazine so they could charge the guy with all kinds of AWB violations?
Click to expand...
Do we have a case where that happened?
 

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