Constitution? What Constitution? Gun seized from St. Louis couple who defend their home – but no charges filed?


This editorial is brought to you by a staff writer for Law Enforcement Today.

ST LOUIS, MO – Remember the video of the preppy couple defending their home against protesters who managed to get into their upscale neighborhood back on June 28th?

They are Mark and Patricia McCloskey, of St. Louis. Mark is an attorney.

The McCloskey’s were seen defending their home during one of several Black Lives Matter marches that occurred nationally over the last couple of months.

Video footage of the couple soon went viral and they became internet sensations. Many people applauded the McCloskey’s for taking a stand to defend their property, while others thought it was excessive.

Some say the best offense is a good defense, but I digress.

Authorities this past Friday executed a search warrant at the home of Mark and Patricia McCloskey.

According to CBS News:

“St. Louis Police seized a 223 rifle similar to the one Mark McCloskey was seen holding back in June.”

As of Friday, no charges had been filed against the couple.

So why seize their rifle?

St. Louis Police Sergeant Keith Barrett said”

“The weapon was seized as part of the investigation into the viral incident from June 28.”

Barret never identified the McCloskey’s by name, only stating the firearm was seized from their address.

The couple appeared on The Fox News show “Hannity” hosted by Sean Hannity on Monday July 13th. They told the host that the handgun that Patricia was seen holding in the video was in the possession of their attorney, who was expected to turn it over to authorities.

That’s not all the McCloskey’s told Hannity.

Patricia McCloskey said that during the June incident, she and her husband were startled just before dinnertime when “300 to 500 people” entered their gated community.

Patricia said:

“[They said] that they were going to kill us. They were going to come in there. They were going to burn down the house. They were going to be living in our house after I was dead, and they were pointing to different rooms and said, ‘That’s going to be my bedroom and that’s going to be the living room and I’m going to be taking a shower in that room.'”

Mark and Patricia later Monday evening appeared on another Fox News show, “Tucker Carlson Tonight.”

Mark told Tucker:

“Rumor is that we are going to be indicted shortly.”

McCloskey also said about the officers who were tasked with executing the warrant:

“They didn’t want to have to be there. They were doing their job. Patty wanted to take a picture to document it and she asked if they wouldn’t mind facing away from the camera so that people wouldn’t get mad at them if their faces were shown on TV. They all did so.” 

Now the McCloskeys are unarmed, in legal limbo and in fear for their safety.

By June 28th (the night of this incident) Americans had already seen firsthand the destruction and fury these “peaceful protesters” left in their wake.

The point of a gated community is to keep the neighborhood safe from trespassers. These protesters broke into this gated community; a reasonable person would believe that their life and property may be at risk of being harmed or damaged. 

Additionally, we have the comments that Mrs. McCloskey said she heard the protesters specifically threatening her and her husband. Again, a reasonable person would feel physically threatened and would want to protect themselves and their home.

Unfortunately folks, we live in a new America where politicians are afraid of the angry mob and continue to placate them in hopes of avoiding their wrath.

Someone has to pay, though, and lately it seems to be the people who are doing what is right- following the rules and standing up for what’s right.

Thankfully, the plight of The McCloskeys has not fallen on deaf ears.

As Forbes reports:

“Joel Schwartz, the McCloskeys’ criminal defense lawyer, told Forbes that the gun store, ‘along with 50 people have contacted them and offered to replace the AR-15,’ but they are ‘kindly refuting’ the gestures.

We should all be keeping an eye on how this situation evolves.

We are seeing history in the making every day, and it’s not the kind of history we as American’s should be proud of.

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Here’s Law Enforcement Today’s previous report on the McCloskey’s.

Friday night, the St. Louis Police Department executed a search warrant at the home of Mark and Patricia McCloskey, the couple who stood in front of their homes with guns as angry protestors marched through their gated community.

Sources told 5 on Your Side that police arrived at the home with a search warrant for the guns and left with the rifle that had been held by Mark McCloskey.

Reportedly, the pistol held by Patricia McCloskey was already in the possession of the couple’s attorney.  However, their new attorney, Joel Schwartz, told 5 on Your Side that he does not know where the handgun is, and did not confirm what was removed from the home. 

Schwartz said that he wanted to meet with St. Louis Circuit Attorney Kimberly Gardener, but no appointment had been scheduled.

As we previously reported, by standing in front of their private home with weapons, the McCloskeys, who were in fear for their lives, were engaged in a lawful act of defense against the trespassing protestors. 

Mark McCloskey stated that  “he and his wife were threatened, their dog was threatened and people stated that they would burn down his home and his office. Others said they would be living in that home by the time they were done.”

Patricia McCloskey told Sean Hannity,

“[They said] that they were going to kill us. They were going to come in there. They were going to burn down the house. They were going to be living in our house after I was dead, and they were pointing to different rooms and said, ‘That’s going to be my bedroom and that’s going to be the living room and I’m going to be taking a shower in that room.” 

George Soros-backed St. Louis Circuit Attorney Kimberly Gardner apparently does not agree that the McCloskeys’ actions were justifiable.

In her statement issued June 29 regarding the McCloskeys’ conduct as protestors gathered in front of their home, Gardner declared,

“I am alarmed at the events over the weekend, where peaceful protestors were met with guns and a violent assault.  We must protect the right to peacefully protest, and any attempt to chill it through intimidation or threat of deadly force must not be tolerated. 

“My office is currently working with the police and public to investigate these events.  Make no mistake:  we will not tolerate the use of force against those exercising their First Amendment rights, and will use the full power of Missouri law to hold people accountable.”

The McCloskeys’ original attorney, Albert Watkins, asserted in response to Gardner,

“If Kimberly Gardner wants to press charges against two attorneys who are protecting their home and their family and themselves on their own property, I will tell you that it will be nothing short of the proverbial clusterf— with the ensuing assertions that she’s doing this for political purposes.”

Gardner, known for her low conviction rate, does seem to have a history of favoring protestors bent on destruction. She recently permitted the release of all 36 rioters and looters arrested in early June in St. Louis.

However, other legal minds have taken exception to the serving of the search warrant on the McCloskeys.

Trial lawyer Kharmeet K. Dillon called the seizure of weapons “government overreach” and pointed out that the couple “used NO force, despite the imminent threat from a trespassing mob.”

Other twitter users voiced objections to the search warrant and weapon seizure in terms of the safety of the McCloskeys.

One user tweeted,

“If the arms were taken, it could be a setup for the lawbreaking mob to return.”

Another wrote,

“She wants them disarmed so the next mob can kill them.”



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