June 10th 2024.
A recent legal decision has garnered attention as a judge has cleared the misdemeanor convictions of Mark and Patricia McCloskey, the couple who famously brandished guns at Black Lives Matter protesters outside their St. Louis home in 2020. This ruling has sparked controversy as the McCloskeys now demand the return of their confiscated firearms, which were taken by authorities during the incident.
The couple, both attorneys, initially filed a request in January to have their convictions expunged. Judge Joseph P. Whyte, in his order on June 5, explained that the purpose of expungement is to give individuals a second chance after they have shown signs of rehabilitation. This decision was made despite opposition from city prosecutors and the police, according to sources.
It's worth noting that the McCloskeys were pardoned by Republican Gov. Mike Parson just weeks after their plea, receiving support from then President Donald Trump and the NRA. However, following Judge Whyte's order, Mark McCloskey wasted no time in demanding the return of his two seized guns - a Bryco .380 caliber pistol and a Colt AR-15. He made it clear that if the weapons were not returned immediately, he would take legal action against the City of St. Louis.
Unfortunately for the McCloskeys, they may face some hurdles in getting their firearms back. As reported by Law and Crime, an appellate court had previously ruled in 2023 that the forfeiture of the guns was not related to the conviction, which was later annulled. The court emphasized the distinction between a conviction and guilt, stating that although McCloskey pleaded guilty to a misdemeanor charge, he voluntarily forfeited his firearms in exchange for the dismissal of a felony charge. Therefore, the inability to retrieve the firearms is not a direct consequence of the conviction, but rather of his guilt.
The court further stated, "And because only the conviction is obliterated by the pardon and McCloskey's guilt remains, we find that the governor's pardon does not entitle him to possession of his forfeited firearms." This means that the couple's demand for the return of their guns may not hold much legal weight. It's a complex situation that may require further investigation and legal action.
The incident involving the McCloskeys and the Black Lives Matter protesters gained national attention and sparked debate on issues of racial inequality and gun control. Despite the recent legal developments, the case remains a controversial topic, with many questioning the actions of the couple and their motives. The prosecutor has even launched an investigation into the incident, which may shed more light on the events that took place that day.
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