Following earlier charges issued, Missouri Attorney General Eric Schmitt filed a brief in the case of Mark and Patricia McCloskey supporting the Castle Doctrine law and seeking the dismissal of those charges recently filed by the Circuit Attorney’s Office.
“The right to keep and bear arms is given the highest level of protection in our constitution and our laws, including the Castle Doctrine. This provides broad rights to Missourians who are protecting their property and lives from those who wish to do them harm,” said Attorney General Schmitt. “Despite this, Circuit Attorney Gardner filed charges against the McCloskeys, who, according to published reports, were defending their property and safety. As Missouri’s Chief law enforcement officer, I won’t stand by while Missouri law is being ignored - that’s why I entered this case to seek its dismissal, to protect the rights of Missourians to defend their property under Missouri’s Castle Doctrine.”
The brief supporting dismissal reads, “The right to use firearms to defend one’s person, family, home, and property has deep roots in Missouri law. Self-defense is the central component of the right to keep and bear arms, which receives the highest level of protection from the Missouri Constitution. Missouri’s statutes specifically authorize Missouri citizens to use firearms to deter assailants and protect themselves, their families, and homes from threatening or violent intruders. A highly publicized criminal prosecution of Missouri citizens for exercising these fundamental freedoms threatens to intimidate and deter law-abiding Missouri citizens from exercising their constitutional right of self-defense.”
The brief finishes with, “On behalf of all Missourians who wish to exercise their right to keep and bear arms in self-defense of their persons, homes, families, and property, the Attorney General respectfully requests that the Court dismiss this case at the earliest possible opportunity.”
The briefs, which were filed this afternoon, can be found here: https://ago.mo.gov/docs/default-source/default-document-library/2020-07-20---state-v-patricia-mccloskey---amicus-brief-of-attorney-general-schmitt---filed.pdf?sfvrsn=e1b38af9_2 and here: https://ago.mo.gov/docs/default-source/default-document-library/2020-07-20---state-v-mark-mccloskey---amicus-brief-of-attorney-general-schmitt---filed.pdf?sfvrsn=97e7ed6d_2