Expunged Pardoned…Yet 5 Years Later They Still Dont Have Their Guns Back

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Summary

➡ Five years ago, lawyers Mark and Patricia McCloskey had their guns taken by the police during a protest in St. Louis. Despite pleading guilty to unlawful use of a weapon and later receiving a pardon from the governor, they still haven’t gotten their guns back due to legal complications. Recently, their criminal records were expunged, but their fight to reclaim their firearms continues. This case highlights ongoing debates about pardons, pleas, and property rights.

Transcript

Hey everyone, welcome back to Guns N’ Gadgets, the premiere source for Second Amendment news, and today we’re diving into a shocking story. Five years later, the St. Louis McCloskey’s still haven’t gotten their guns back from the police department. I’ll walk you through every major twist from the 2020 incident to court battles that are still playing out, plus fresh facts that you need to know. But first, a quick word from today’s sponsor. A big thanks to CMMG for sponsoring today’s video. Whether you’re upgrading your tools or looking to add their new device to make things quiet, CMMG’s modular platforms are engineered to deliver reliability, precision, and customization.

I’ll link you to their new YouTube video, where you can learn more about their new, built-in house, fast plinking rated, hub compatible, tubeless, laser welded baffle stack awesomeness. And you can always save with that as well. Let’s flash back to early June of 2020. A large, anti-police brutality protest was passing through an upscale central West End neighborhood in St. Louis. Inside that gated community were lawyers Mark and Patricia McCloskey. As protesters walk past, the McCloskey’s emerged from their home armed. Mark was holding an AR-15 and Patricia a pistol. Now, no shots were fired, but it became one of the errors defining flash points.

In June of 2021, the McCloskey’s pleaded guilty to misdemeanor charges of unlawful use of a weapon. Now, that triggered automatic forfeiture of their firearms. But just weeks later, the Missouri governor Mike Parson granted them a full pardon, obliterating the legal consequences of that conviction. And shortly after the pardon, Mark filed suit in January of 2022, seeking return of his AR-15 and the pistol, and to expunge their misdemeanor records. Now, expungement would wipe the guilty plea from the record, potentially clearing the way to recover the guns. But things hit a snag. A circuit court judge denied their request, arguing that even with a pardon, the original plea still triggered a legal forfeiture.

Yeah, because that was consistent with the text history and tradition of this country. And then in December of 2023, the Missouri Court of Appeals upheld that ruling. The court wrote, quote, a gubernatorial pardon obliterates the fact of the conviction, not the fact of guilt, and that since the guilty plea still stands, the guns remain forfeited. Then came the first glimmer of hope. Last June, a St. Louis County judge approved McCloskey’s expungement petition, even over the objections from city officials and the police department. Now, the police claim that the couple posed a continuing threat.

Okay. But last week, the Missouri Eastern District Court of Appeals upheld the expungement, noting the city failed to produce evidence to support those public safety claims. Shocker. So where do things stand right now? Well, the expungement has been granted, meaning their records are now sealed. Now, the next hearing in their lawsuit is scheduled for December of 2025. Now, if the St. Louis PD appeals to the Missouri Supreme Court, the case could drag into 2026. Translation, the fight continues and the guns are still locked away. But here’s where things get interesting.

Under Missouri law, a pardon removes the conviction, but courts differentiate that from actual guilt. They say the McCloskey’s pleaded guilty, so they lost their guns legally. Even if pardoned, that plea still counts. Now, the critics argue that the whole thing is absurd, which it is. The couple can legally, right now, legally walk into a gun store and buy new firearms, but they can’t get back the guns that they already owned. That sounds like hogwash. And many of us see that as principle over semantics. Now, five years later, Mark and Patricia McCloskey still don’t have their guns, but they do have expunged records and the legal tools to keep fighting.

Now, whether they succeed in court remains to be seen, but their case highlights deep tensions around pardons, pleas, and property rights. Now, here’s where you come in. What do you think about this issue? Drop your thoughts below in the comments. Keep in mind, you know, put yourself in this scenario, but what do you think? Should they get their firearms back? Is there anything in the text, history, and tradition in the United States when it comes to firearm regulation that would keep what is happening right now legit? And make sure to hit that like, subscribe, and the bell buttons.

It’s free. It doesn’t take you anything. It just keeps you up to date, and you won’t miss any of the coverage here on Guns N’ Gadgets. Again, thank you to CMMG for sponsoring today’s deep dive, and don’t forget to check out their new things at that YouTube video link in the description. Stay safe, stay vigilant, and as always, stay free. Take care. [tr:trw].

See more of Guns & Gadgets 2nd Amendment News on their Public Channel and the MPN Guns & Gadgets 2nd Amendment News channel.

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