Fox News published an article titled: Armed protesters broke iron gate, threatened St. Louis couple before they drew their guns. The article reports in part:
ST. LOUIS — A Missouri couple under fire for brandishing guns in the front yard of their home as protesters passed told police the group broke a gate to get onto the private street, and the pair say they only retrieved their firearms when they spotted “multiple” people who were already armed, department records show.
“Once through the gate, the victims advised the group that they were on a private street and trespassing and told them to leave,” the police summary further states. “The group began yelling obscenities and threats of harm to both victims. When the victims observed multiple subjects who were armed, they then armed themselves and contacted police.”
Based on the couple’s account, police labeled the incident a case of trespassing and assault by intimidation, according to the incident summary.
St. Louis Today reports: Constitutional law professor says protesters have NO RIGHT to protest on private streets and Missouri Castle Doctrine authorizes McCloskeys to use guns for defense.
Anders Walker, a constitutional law professor at St. Louis University, said Monday that it was “very dangerous” for the McCloskeys to engage with protesters by brandishing guns, but Missouri’s Castle Doctrine allows them to defend their property on Portland Place, a private street.
"At any point that you enter the property, they can then, in Missouri, use deadly force to get you off the lawn,” Walker said, calling the state’s Castle Doctrine a “force field” that “indemnifies you, and you can even pull the trigger in Missouri.”
Luckily, Walker said, no one got shot.
“There’s no right to protest on those streets,” Walker said. “The protesters thought they had a right to protest, but as a technical matter, they were not allowed to be there. … It’s essentially a private estate. If anyone was violating the law, it was the protesters. In fact, if (the McCloskeys) have photos of the protesters, they could go after them for trespassing.”
YET, St. Louis Circuit Attorney Kimberly M. Gardner is considering charges against McCloskeys for lawfully defending themselves but NO charges against trespassers that broke through a private gate, carried guns on other people’s private property and made violent threats.
St. Louis Circuit Attorney Kimberly M. Gardner said: “We must protect the right to peacefully protest, and any attempt to chill it through intimidation or threat of deadly force will not be tolerated,” Gardner said. “Make no mistake: we will not tolerate the use of force against those exercising their First Amendment rights, and will use the full power of Missouri law to hold people accountable.”
St. Louis Circuit Attorney Kimberly M. Gardner’s response to this situation is truly outrageous. She is ignoring the facts that the protesters broke through a private gate, trespassed on private property, carried weapons on other people’s property and made violent threats. She is also ignoring the McCloskey’s statutory right to use guns to defend themselves.
George Soros heavily backed Kimberly Gardner's campaign for St. Louis Circuit Attorney in 2016.
Florida Family Association has prepared an email for you to send to St. Louis Circuit Attorney Kimberly M. Gardner to express concern regarding her gross misapplication of the law.
Click here to send your email to express concern to St. Louis Circuit Attorney Kimberly M. Gardner. For all email clients because there is only one email address target. YAHOO works best in Yahoo Mobile App, not so well with internet browser.
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Your gross misapplication of the law is outrageously irresponsible.
Protesters break through a private gate, trespass on private property, carry guns on private property not their own and make violent threats toward property owners. Property owners lawfully exercise the Castle Doctrine to defend themselves. Your statement defending protesters that violated multiple laws while ignoring private property owners lawful right to defend themselves is a gross misapplication of the law.
Kimberly M. Gardner
The Circuit Attorney's Office
Located in the Carnahan Courthouse in downtown St. Louis.
1114 Market St., Room 401
St. Louis, MO 63101