Missouri’s attorney general is intervening on behalf of a St. Louis couple who have been charged with felonies for brandishing their weapons against trespassers in a moment that went viral during the George Floyd protests.
And one of Missouri’s U.S. senators also vowed to act against the charges of illegal weapon use that were brought Monday by St. Louis Circuit Attorney’s Office against Mark and Patricia McCloskey.
Eric Schmitt said in a statement Monday evening that he filed a brief requesting that the charges brought by Circuit Attorney Kim Gardner against the McCloskeys be dismissed under the state’s Castle Doctrine, which gives homeowners the right to use deadly force to protect their home.
“The right to keep and bear arms is given the highest level of protection in our constitution and our laws, including the Castle Doctrine,” Mr. Schmitt said in the statement. “This provides broad rights to Missourians who are protecting their property and lives from those who wish to do them harm.”
There may be federal backlash too.
Sen. Josh Hawley, Missouri Republican, took to Twitter on Monday night to call the charges an “unacceptable abuse of power and threat to the Second Amendment.”
He said he would push for a federal civil rights investigation into the St. Louis Circuit Attorney’s Office to “determine whether this investigation and impending prosecution violates this family’s constitutional rights.”
The unlawful use of a firearm charge brought against the McCloskeys is a felony and they could face a $10,000 fine and up to four years in prison.
However Ms. Gardner is recommending a diversion program such as community service rather than jail time if the McCloskeys are convicted.
“It is illegal to wave weapons in a threatening manner at those participating in a nonviolent protest, and while we are fortunate this situation did not escalate into deadly force, this type of conduct is unacceptable in St. Louis,” Ms. Gardner stated.
• Victor Morton can be reached at vmorton@washingtontimes.com.
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