Expunged & Pardoned...Yet 5 Years Later, They Still Don't Have Their Guns Back

This video details the ongoing legal battle of Mark and Patricia McCloskey, who are seeking the return of their firearms five years after an incident where they emerged armed during a protest. Despite receiving a pardon for misdemeanor charges of unlawful use of a weapon, their firearms remain forfeited due to the initial guilty plea. The case highlights complex legal interpretations of pardons versus expungements and their impact on property rights, with ongoing court proceedings determining the final outcome.

Quick Summary

Five years after an incident where they emerged armed, Mark and Patricia McCloskey still haven't recovered their firearms. Despite a gubernatorial pardon for misdemeanor charges, their guns remain forfeited due to the initial guilty plea, which Missouri courts interpret as an admission of guilt that triggers forfeiture, even after the conviction is legally erased.

Chapters

  1. 00:00Introduction
  2. 01:00The 2020 Incident
  3. 01:33Guilty Plea and Pardon
  4. 01:55Lawsuit for Gun Return
  5. 02:17Initial Court Setback
  6. 02:34Court of Appeals Ruling
  7. 02:57Expungement Granted
  8. 03:26Current Legal Status
  9. 03:54Legal Interpretation of Pardon vs. Guilt
  10. 04:13Absurdity of the Situation
  11. 04:32Conclusion and Call to Action

Frequently Asked Questions

Why haven't the McCloskies gotten their guns back five years later?

Despite receiving a pardon for their misdemeanor charges, the McCloskies' guns remain forfeited because a guilty plea was entered. Missouri courts differentiate between a pardon (which erases the conviction) and the plea itself (which is seen as an admission of guilt leading to forfeiture).

What is the legal distinction between a pardon and an expungement in this case?

A pardon in Missouri obliterates the fact of the conviction, while an expungement seals the record. In the McCloskey case, the pardon removed the conviction, but the guilty plea still stood, allowing for the forfeiture of their firearms based on that admission of guilt.

Can the McCloskies legally buy new guns if they can't get their old ones back?

Yes, the McCloskies can legally purchase new firearms. The legal system allows them to buy new guns, but the prior guilty plea prevents them from reclaiming the specific firearms that were forfeited as a consequence of that plea.

What was the initial incident involving the McCloskies?

In June 2020, Mark and Patricia McCloskey emerged from their home armed, Mark with an AR-15 and Patricia with a pistol, as an anti-police brutality protest passed through their neighborhood. No shots were fired during the incident.

Related News

All News →

More 2nd Amendment & Law Videos You Might Like

More from Guns & Gadgets 2nd Amendment News

View all →