McCloskey Couple Indicted On Firearm Charges
The McCloskey name was one uttered by the lips of many on both sides of the gun debate starting in late June when the couple exited their home with their firearms after an angry mob of hundreds broke down the gate to their community.
The state of Missouri is a stand your ground state, and the McCloskeys clearly felt fear for their lives, but that held little importance to the grand jury who indicted them.
They are being charged with exhibiting guns at a protest and tampering with evidence. Let's delve a bit deeper into these charges for a moment.
I'm not entirely sure how you can be charged with exhibiting guns at a protest when you had no intention of being in said protest. I also have no idea how they can be charged with this when the protest showed up in front of their house and in their private neighborhood by people who broke the law to get there.
Finally, they never even left their own private property. They retrieved the weapons to defend themselves and don't show any premeditated thoughts on going to a protest while armed.
This charge is, at least to me, ludicrous.
Also, I've heard that the handgun the woman had was inoperable at the time she had it, then it was put back together in operating condition by someone else.
So, sounds to me like whoever put it back together had tampered with evidence.
This is important because we can tell by how the McCloskeys handled themselves that they don't know much about guns. It is fairly easy for a newcomer to put something back together the wrong way on certain guns and I've seen this firsthand.
When someone who has no clue about how to take a gun down past field strip, does — something goes awry. It happens more often than you think.
In fact, I had a friend once who put his CW380 together with something out of whack and the gun had to be brought to a gunsmith (I cannot remember what the problem was).
Now I want to be clear, the McCloskeys were defending themselves against what they perceived to be a threat. I've been following this case now since the incident happened, and can say that I believe they acted out of fear for their lives.
I may have done things differently, for example I would not have left the security of my home, but I do believe they had every right to defend their castle.
I would have been armed inside my house, like I always am.
I see a lot of chatter on other internet forums and anti-gun websites stating that the couple would only be justified to use their firearms if someone in the mob had pointed a gun at them first. I'm no lawyer so don't take this as legal advice, but I believe that to be untrue.
Generally speaking, and without going into detail about Missouri's gun law, you have the right to self-defense if you believe you're in immediate danger of death, serious bodily injury, kidnapping, or rape.
The mob illegally broke down the gate to private property and were in violation of trespassing on said private property (AKA, breaking the law). They could have absolutely been in fear of any of the above-listed reasons for self-defense based on the sheer numbers of people illegally gaining entrance to the private property, ALONE.
But the story doesn't stop with people trespassing on private property by breaking down a gate.
The fact that they had likely been watching the news and seeing what was unfolding in other cities across the country as police agencies are all but neutered and prevented from doing their jobs must have been weighing on their minds. That, along with not knowing why 350+ people gained illegal entry to the private property where they lived are more reasons why they were afraid.
I believe they were in fear for their lives.
And, rightly so. I don't blame them.
Some people estimated that there were between 350 and 500 “protestors” present at the time they trespassed on private property, and the McCloskeys had no way of knowing why they were there. For all they knew at the time, the mob was there for them.
My best guess says that they had no reason to believe otherwise. And once the threats began to come in about killing them or burning down their house it must have become solidified to them that they needed to defend themselves against this angry mob of people.
And, speaking of the mob, last I heard there were a few people who were brought in by the police from the mob, but they were all let go and none were charged.
Again, trespassing is a crime. And, they were caught on camera. So why aren't they being charged?
So, we're living in a world where the criminals get to go free and the law-abiding gun owners who are trying to protect themselves are being made into examples for defending themselves. Let that sink in.
We will continue to cover this story as it unfolds, so make sure you're staying tuned in. Leave your thoughts in the comments below.
By the way, we teach a class on home defense that you can find, here. It is invaluable in these times where we're currently finding ourselves.
This is really hard to believe that law abiding citizens are treated as criminals and criminals are turned loose. The states governor should step in and help clean this mess up. If the state constitution says they have the right to defend the grand jury’s decision should be overturned.
I am a member of USCCA & have owned firearms since the 1970 s , live in the very gun friendly state of Mississippi constitutional carry state no firearm cards , no permits needed unless you wsnt one to decorate your wallet or carry across state lines, can be bery dicey. In some states different counties sometimes have different gun laws some dont require you to inform a police officer you are carrying & some do and that in some places you are putting your life on the line . So now i prefer to keep my carry pistol in a metal lock box . Where i live i own a house , a lot of land when i take my daily walk to the mailbox or to cut the grass or just walking around my property i am carrying a large caliber concealed weapon on me even when i am inside with a round in the chamber. I would have dealt with that situation differently as far ad i am concerned there was no threat i would have been standing outside watching armed as i am every day but i would not a word . But ready the 2 people outside , pointing weapons at people they should be prosecuted for that alone . Some people still think you can shoot & kill someone for slapping you in the face you should be locked up & prosecuted i grew up in the 1950 s & 60 s slap or punch me first of all i will be somewhere else & it’s hand to hand in a serious way because i am highly trained in unarmed combat even when i am armed because when you pull that firearm unjustified you are in serious trouble and you should be . Armed individuals should know if you shoot someone under questionable circumstances you might be in serious trouble.
This is complete “Bulls#&t”,however I would wait for them to possibly enter the residence that way all bets are off!
Knowing these “peaceful protesters” are burning homes and businesses I would not wait inside while my home burns.
This is all because of the last waste of life this country had as a president. Obama was never a American president, he doesn’t even like America. This phony planted these judges all across the country to do exactly what there doing. Just look at all the criminals that get put in jail only to released the next morning to go and commit the same crime within 24 hrs. This is the radical left at work. They want to cancel your history, life, rights, constitution. They want exactly what they have been doing. Destroying cities, people’s livelyhoods, and killing innocent people. 100 + Days of violence in Portland and not a damm thing being done about it. Democrat governors and mayors letting it happen and even helping them to cancel out your rights as a AMERICAN. If China Joe and the farthest left senator get the WH. This country as you once knew it is gone.
Agreed 1,000% My True American Brother! Hussein Osama Bin Laden was a Backstabbing Treasonous Traitor along with Sleepy Creepy Joe-Perv and Useless Killary!!!
Josh is 100% correct, the McCloskeys were wrongfully indicted. They were in fear for their lives and had every right to defend themselves. Why weren’t the protesters involved arrested for property damage and menacing, at least!! What the hell is happening to this country, our legal system is a joke.
The only thing the McCloskey’s are guilty of is stupidity, which we’ve all been guilty of at one time or another.
Exactly. Very smart man
They should not an cannot be indicted they had every right to defend their property, and furthermore we habe an obligation to stand up locked an loaded to DEMAND that they be set free of any charges
I definitely agree with you, I definitely just would had stayed inside and looked out the window and made sure I was armed and if the mob came to my door then it would have been no doubt they were there to cause trouble
We have a winner!
Why do we have Laws that individual citizens can’t practice alone during a crisis? When a law abiding gun owner is out numbered by the mob who is breaks the law and yelling threats while trespassing, then there is NOW a change in the game. Stand your ground with the Castle Doctrine as the mob claims to be peaceful is a Big Lie and we all know it by watching the videos. The media is no help to giving accurate information to the public with the twisted one sided story everytime! When it comes to supporting the this couple and their individual rights, we already know the existing culture clash between the firing lines. If this was all turned around in the opposite direction where a particular minority couple was threatened by a mob, the couple would have been praised as hero’s by the bad media and all 5 hundred trespassers would have been arrested and fined. I turn this stuff off because I spent most of my 50 years of life seeing how slanted and unfair the media has been when they turn their backs on the current laws and truth for indivual rights to protect all life that matters and just gives public tyrants the green light to do more damage. I don’t like the 1984 tactic used against this couple as an example to others who will face the same problem in the near future. I am sure their were 500 protestors who were armed with arsenal tools great verbal threat to burn the couples home and now the couple can step it up a notch if a deadly verbal object is even thrown at them. Thank You!
I always thought of Missouri people as being honest, down to earth people with common sense. I see I was very wrong!
It’s more than likely outsidwrs Once Again Sent by Nazi Sympathizer George Soros who is Dead Set on Destroying America No Matter the cost thus he is Guilty of War Crimes Against America and American Citizens!!! Lock Him Up!!!
I will/must respectfully disagree. Yes the mob that broke down the gate had no business doing so and should be prosecuted. But good luck on ID’ing the actual “Gate Breakers” if any video does NOT exist.
But I believe the McCloskeys POINTING the guns at the mob was wrong. Much like I disagree with open carry, the misinterpretation about someone’s right via “Constitutional Carry” to do so openly. I’ve said it before, but I see these acts as “waiving a red flag in front of a bull’, or otherwise just antagonizing a person/people for no good reason. Maybe this open carry would fly out in westerns states, Wyoming, Colorado, Montanna–out there on the “Range” you must be prepared for any yahoo, varmint, or beast coming at you. But in urban areas? NO. Too many crazies per square foot/square yard.
If I understand correctly the gate was broken down,& the mob was on their front lawn at one point? Still if there wasn’t an “Armed Charge” made towards the couple, then I go back to my “Red Flag & the Bull” analogy.
Of course, I wasn’t there. This is just an opinion. As lawyers, those two should know what the exact letter of the law would allow them to do. But if a judge, jury see it otherwise, “Ut -Oh”.
Well, the last things I have to say: I own a 9mm, and will get a CHL one day–yet will I actually carry? Yes, do I believe in the 2nd amendment, yet not an anything goes interpretation.
If an angry mob, not peaceful mob broke down the gate to your community I think you’d have slightly different feelings about it. It was more than likely very frightening even without an “armed charge” which doesn’t need to happen. If you’re outnumbered and the threat is hostile then you are in your rights to defend yourself. Just because they didn’t charge didn’t mean that they weren’t threatening them verbally. With a group that large, mob mentality can take over and if 1 person yelled “Get Them!” then it would’ve already been too late. They stood their ground and the mob backed off. They had NO business on that street since they were going to the Mayors house I believe, that was located in a completely different neighborhood. Either the mob is clueless about using a smart phone (which everyone has) for gps or there were possibly darker reasons they were going down a neighborhood that was NOT connected with where they said they were going.
I met the couple at a rally. I recorded over 35 minutes of the husband tells the real story. All the threats that night to kill them and their dog. Some of the mob said what they were going to do in what rooms.
After that night they got a call saying they were coming to kill them. So they might as well leave because the mob was going to burn their house down. Such madness.
This is really terrible and i pray for them. As being a new gun owner that would have scared the crap out of me. However, that is the reason for having my guns for protection and would definitely defend my family.
Well the system of justice has been failed again
It’s time to get our United States back
By any means we can lay down and standby or We the people of the true United States can stand tall and proud and say not on my watch
You are 100 percent correct in your opinions. They were well with in be the law to brandish weapons in their own property in the event of the trespassing alone not to mention the willful destruction of private property and fear for their own wellbeing. The court is overstepping it’s authority! Not to mention, lost their f*****g minds!
While I agree with most of your assessment here. I believe where they lose their claim of self-defense is in the fact that she engaged the rioters and they are rioters they broke the gate. She ran up and started arguing with them and pointing her firearm with her trigger on the finger. Of course, none of this will matter in the end because they will receive a pardon.
The fact is in most states you can’t run out and point your firearm at someone walking by and taking the position of being willing to use deadly force pushes the envelope past proportionality. Had she stayed back like her husband and didn’t engage the crowd. Then I believe there would have been little to no argument that would have presented legal charges.
It is not that they were wrong for defending their property or that they were wrong for being armed or in fearing for what might happen. It’s that she changed that fear, to aggression and became proactive instead of reactive to a potential threat. Don’t get me wrong, I am not suggesting that they had to wait until their lives were in danger of dying.
I am simply saying the circumstances showed that they could have just let the rioters walk by with very little conflict. Definitely, nothing rising to the level of deadly force, as you have seen in the video. Now of course she did not use deadly force and merely attempted to use intimidation to prevent further danger.
The question is what would have a reasonable person done in the same set of circumstances. Well, the community answered that question. Also, I am by no means saying you shouldn’t have the right to defend yourself or your home. I am simply saying these two lawyers not only know the law but they also did this in a way to draw attention and keep the situation going.
The average firearm owner would have been crucified quickly and wouldn’t have had the president and the Governor jumping out in their defense. A wealthy couple in a gated community definitely is getting special attention by taking a stand. I would stand behind every citizen in this great nation who legitimately feared for their lives and had no help. They called 911 and took a defensive position to preserve their life.
Instead, what I see here is two people trying to get publicity and showing 5 million new firearm owners how to lose their gun rights right after finally exercising them. The majority of firearm owners in America take their right to bear arms seriously and have pride in doing so. They follow the laws, get training, practice regularly, and support the gun community as a whole.
These two are far from the face of an average firearm owner. We all have a right to defend ourselves regardless of whether we own firearms or not. The keyword defending and this couple decided to take the word defend and turn it to intimidate. I can’t stand what the anti-gun agenda has done to our self-defense. At the same time, these two were not defending themselves, they were getting their 15 minutes of fame, and now they have what they want. One side crucifying them, while another side praises them. The truth is somewhere in the middle.
Thank you Roger. I’m a new CCW in Fla and USCCA for the past 3 years but I’ve owned or used guns most my life now 61. As I watch all this unfold on social media and TV I’ve often thought to myself what would I do in their position? Until now my dander is instantly brought to lie and I think to myself.. my home, my life, my loved ones… bring it on. But thanks to you and those there Is like to think of you the calming effect and keep my head retreat first and when there is NO OTHER OPTION then and only then a life for a life. I continue to read y’all and thank you for y’alls advice and insight. We’re in uncertain times the likes we AMERICANS in our shoes have never had to deal with. My adult child and unborn grandchild are GOING TO HAVE TO DEAL with things our forefathers has to in stating this nation. Lawlessness is only the beginning. Cooler, calmer heads are needed right now such as you but a change has begun and the genie is out and you can’t put her back no matter how hard you try.
Typically, if you ever muzzle with a gun, operable or not, a crowd of people who did not physically advance upon your person, regardless if they trespass on private property, yours’ or anyone else’s, I hope you have a very good lawyer, because you can expect to be cuffed on the spot by the responding officer and taken to jail immediately in most jurisdictions, let alone the Soros-funded Democrat DA’s jurisdiction in St Louis, next door to Ferguson. Any gun instructor who tells you otherwise is naively delusional. This couple are lawyers, even though likely not for very long; and obviously very well to do, given their mansion; so it took a little longer than normal, but even with lenient plea-bargaining, these people are very likely to get sentenced to prison.
The only question is how long, because they have no viable legal defense that passes the legal standard of what a reasonable person should do in those circumstances. If you are afraid for your lives, you do not step out from behind your home’s massive stone walls, thick, oversized wooden doors & the high security wrought iron gates in front of those doors to advance towards the 300+ mob that you are allegedly in mortal fear of them rushing to kill both of you. From a legal standpoint, that is not standing your ground, that is advancing to engage in a confrontation, period.
Private property defense? First of all, the private property of the HOA gated community is NOT your private property, as every HOA is the very first to remind its lot-owning residents, so breaking down the HOA’s gate, and trespassing on the HOA’s private streets, sidewalks & property, is not the same as walking into your front yard. Since trespassing and being disorderly is not a capital crime, try brandishing & muzzling anyone loudly, rowdily & rudely walking past your front yard and see how quickly you will be arrested, cuffed & taken directly to jail.
It’s also hard to sell to a DA, grand jury, trial jury or judge “in fear for your life”, when you’re on video for a protracted period of time holding a gun looking as if you’re bored watering the lawn while directly muzzling people.
Operable, or inoperable, is legally immaterial, because the effect of the appearance is the same as far as the law is concerned. Besides, there are no claims the AR was inoperable, which allows the DA to charge both of them as accomplices breaking the law.
Could easily go on with numerous other ways they exposed themselves to legal jeopardy, but that’s more than sufficient. You would hope as gun-owning lawyers, they would been educated & instructed to understand all of this, but the DA is certainly going to teach them the hard way.
Please learn from their mistakes; know your local laws, and just as important, know the political leanings impacting the administration of those laws by local LEOs, DAs, grand juries, judges & typical trial juries, and act accordingly. It’s usually makes the difference between the responding officer thanking you for your cooperation and sending you home, or reading you your rights & taking you to jail.
Another winner! Your guidance would lead to better ambassadors of the 2nd amendment and further the cause. What occured was very counterintuitive.
Nice to see someone who is smart in these comments. I am a strong 2A advocate, and I know the LAW! That is what they will go by…the law. It’s hard pill to swallow sometimes, but it has to be done.
This writer likes to obfuscate the truth to feed into the real fake news hype. I have zero respect for fanatic radicals that exacerbate details to try and help themselves and incite others. Here’s the truth- there was no breaking in or breaking down of a gate. The protest was passing the front of the people’s house. You can see an OPEN gate in the video as people passed by peacefully. The Mclosky, however their name is spelled, couple- were NoT afraid. They were unnecessarily brandishing firearms like two idiotic gun fanatics. No fear was displayed. Only an intent to intimidate. If they were afraid- close the gate first. That’s why they were indicted. I own a few weapons. I hold a conceal carry permit. I carry. Any RESPONSIBLE gun owner knows that the behavior exhibited by these people gives gun ownership a bad name. This writer should be ashamed to put his name to this exaggerated drivel.
The gate was open because it was broken down. You can see the twisted metal lying at an angle, in the pictures.
What has happened to the McCloskys’, even though they are well-paid lawyers, makes clear that a pragmatic understanding of how local law enforcement officials choose to enforce the law in your community is essential to avoid placing your freedom in legal jeopardy. If you keep a gun at home, let alone carry it outside onto the streets of your community, it would be of great benefit to you to associate with all levels of local law enforcement so they personally know you as a law-abiding citizen worthy of being given the benefit of the doubt in any legal incident that may occur.
There are several ways to do this. In your local community, join the nearest available Citizens’ Academy run by city, county or state law enforcement officials. You will be given insight & training on how legal incidents are assessed & handled by the same badged instructors that train & supervise the LEOs in your jurisdiction. You will know them, and more importantly, be known by them on a first-name basis. That’s an enormous benefit if you ever find yourself in a legal incident where you need a sympathetic response from responding officers. Understand that pragmatically every responding officer is actually the first judge & jury you encounter in the criminal justice system. If the ranking responding officer decides to exercise ‘field discretion’ in your favor, that means you get to go home without going to jail to face charges, a judge, DA or jury, let alone imprisonment.
For example, even though technically retired, I still serve on-standby as a member of the Sheriff’s Community Emergency Response Team (CERT), and a State Emergency Aid Worker (Mass Casualty Incidents) attached to FEMA. By participating in the Sheriff’s Citzens’ Academy, I got to know the entire command staff of the county Sheriff, the State troopers patrolling in the county, and most of the the command staff of the US Border Patrol in the county. I’ve also been asked to serve on the final review board for all badged hires. Coincidentally, it so happens that the Sheriff has actually become my best local friend in the county, and he’s also sponsoring me to go to the FBI Citzens’ Academy in the region.
A different approach is to participate in your local Chamber of Commerce. Every elected official in your locality will come there sooner or later during election season, and it’s an excellent opportunity to directly ask the local DA & elected judges how they deal with armed self-defense, inside & outside of the home. Engage them in direct one-on-one conversation during the meet-and-greet, make an favorable impression, and get their card. Set it up to call or e-mail them to follow up on your conversation to become memorable to them. You never know when making a good impression on the DA or judge will remove you from serious legal jeopardy. As a very small example, just letting their cards be seen while pulling out your ID just may be enough for a LEO to think twice about giving you a ticket instead of a warning.
I could go on, but you get the general idea. Personal participation & connection with the criminal justice administrators in your locality can be well worth the investment of your time & energy in ways big & small.
Josh, let’s be selective about who we support to represent the 2nd amendment. The gate to the community is indeed NOT the McCloskey property. Until someone violated their own property (or in some states, a property left in their care) there is no duty ir right to defend. If they were motivated by fear, they would have bunkered down IN their home. Yes you can stand your ground but you cannot CHOSE to engage a potential threat off of your property just because you have a better weapon. You know better than this. These people are not who I would consider to be ambassadors of the 2nd amendment. They are the reason it gets negative responses.
Just goes to prove you can indite anyone regardless of the law. This should get correct in the court system but only after it cost them thousands. What will be the penalty for the DA for bring charges when she loses? Ridiculous!
My grandfather served in WWI, my father and uncles served in WWII, My cousins and I served during Vietnam. And now I must ask myself, why?
This incident was the result of the lack of response to many other smaller incidents.
To respond to any one incident requires the response to many more.
To recognize that the protestors in this incident were doing wrong, requires a massive response to correct. 350+ looters? St Louis county is simply not equipped…
Any response comes with a high cost in manpower, dollars, and influence (perhaps the real issue?).
Once they had not responded to this incident, the only options they had are to admit they failed, or paint the McCloskys as the problem (in order to preserve influence).
Perhaps they are afraid the mob will show up at their neighborhood next?
I feel certain that if the jury had failed to indict, the riots would have a new surge, with a new “injustice” to empower them.
The gun grab conspiracy is now in effect.
Wouldn’t the fear (which was more than established by recent news stories) initiate the extension of moving outside the house onto the porch. Are you suppose to hunker down inside your house as an angry mob who just smashed through your security gate walks up to yo ur house to torch it while you are inside. SWAT and HRT do that with tear gas rounds to get assailants to give up and exit the building. How is the theory of staying in your house the appropriate move here when you have a legitimate fear of being burned out. One the structure is in fire you would be forced to flee straight into the mob on the fly and unprepared. Just asking questions as I would like to learn from this.
Many of these comments are from people who have never faced one of these Antifa rioters who have an absolute belief your property is theirs to plunder because ‘you don’t deserve it’ and have a right to burn you out to prove whatever their current leech holder suggest . We have castle law in our state , and I for one will use them to protect my own against all intruders and malcontents!
No one intruded on their property, but I see where you’re discintent lies…hmm? They don’t have a right to protect the entire gated community. I would personally want better ambassadors for our 2nd amendment rights.
it appears the democratic prosecutor is still reeling after the charges were dropped….these are bogus charges against this couple….pure eveidence the left will stop at nothing to ruin people that don’t agree with their twisted thoughts and total lack of true logic
then reading about the author of the article, joshua gillem, when I read of his firearms qualifications in the marines, I started laughing…EVERYBODY in the military qualifies on the M-16 so thats nothing big to brag about…
Knowing these “peaceful protesters” are burning homes and businesses I would not wait inside while my home burns.
You have to remember that the Soros funded lawyers are the ones attempting to overthrow our constitution and the people still have common sense. The lawyers are really commies.
I am appalled at all of the Monday morning quarterbackers about how these folks should conducted themselves. Although their behavior may be questioned by these quarterbacks, when one considers all of the hell raising that had been displayed on TV and when considering that these hell raisers (peaceful or not) had broken the gate, and were at a location where they should not have been, wheat is expected? Although they wer lawyers, they were not trained military or police. Remember that policemen frequently approach a vehicle with guns drawn when there is suspicion that their lives may be in danger. Why should a homeowner be given less right when the they are confronted with a gate crashing screeming mob?