I know the wheels of justice grind slowly, but this is ridiculous.
It’s been almost five years since Mark and Patricia McCloskey had their lawfully-owned guns taken from them and were charged by St. Louis prosecutor Kimberly Garner with unlawful use of a weapon for displaying firearms outside their home as a large swarm of protestors marched through their neighborhood just a few weeks after the city’s deadly riots in early June, 2020.
It’s been more than four years since the couple pleaded guilty to misdemeanor offenses, and almost four years since the pair were pardoned by then-Missouri governor Mike Parson.
Shortly thereafter, Mark McCloskey sued to get their guns back, but was rebuffed by a circuit court judge and the Missouri Court of Appeals, which upheld the lower court ruling in December, 2023.
“Missouri law is unequivocal that a gubernatorial pardon obliterates the fact of the conviction, not the fact of guilt,” the appeals court said.
“The guilty plea … triggered the guns’ forfeiture,” the court said. “Since McCloskey’s guilt remains, it follows that he is not entitled to the return of the weapons.”
Keep in mind that Mark and Patricia McCloskey can both go into a gun store and legally purchase a firearm, which makes the judges’ decision that he’s not entitled to get his guns back even more ridiculous.
Mark McCloskey sued St. Louis in January, 2022 over the decision not to return his guns, but they also sought to expunge their criminal records, which would formally remove their guilty plea from the public record and should allow them to get their guns back. Last June a St. Louis County judge granted that request over the objections of city officials and the local prosecutor, who claimed they’re a “continued threat to public safety” who have “shown no remorse for the impact of their actions.”
Amazingly, even after that decision the St. Louis Police Department wasn’t ready to give up. The department appealed the decision to the Eastern District Missouri Court of Appeals, once again arguing that the McCloskeys are a threat to public safety. On Tuesday the court released its decision denying the department’s request and upholding the expungement.
A three-judge panel found the circuit court judge did not err in determining the couple met the criteria for expungement after they gained notoriety for displaying their weapons outside of their Central West End mansion as protesters moved through the neighborhood.
Chief Judge John Torbitzky, who authored the seven-page decision, dismissed the police department’s claims that the two were a threat to public safety.
“The circuit court provided an adequate opportunity for the department to make an offer of proof, but the department failed to make use of that opportunity,” Torbitzky wrote.
McCloskey’s lawsuit against the city has been on hold for awhile, and the next hearing isn’t scheduled to take place until December of this year. If the St. Louis PD decides to appeal yesterday’s decision to the Missouri Supreme Court it could drag out the return of McCloskey’s guns well into 2026, if not beyond.
St. Louis Circuit Attorney Gabriel E. Gore claims to “believe in fairness” and the opportunity for non-violent offenders to “get their lives back on track.” If he truly believes that, he should buck the Democrat machine in St. Louis and side with the McCloskeys in their legal fight to have their guns returned.
That will never happen, but the McCloskeys are almost certain to (eventually) win their fight to have their records expunged and their firearms returned. Five years is far too long, though, and justice delayed is justice denied.
Read the full article here
