Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Dread Pirate Roberts

(1,896 posts)
Mon Jun 29, 2020, 11:30 AM Jun 2020

I'm not sure what the law is in Missouri but here in NJ that's a crime.

Pointing a weapon at another person under the criminal codes here in my home state constitutes Aggravated Assault, an indictable offense. You point a gun at someone with your finger on the trigger, you're getting your ass arrested. I see the law is a bit different in Missouri, but there appears to be an analogous provision. "Mad Dog" McCloskey here should have a date with the authorities-and with the Board of Bar Examiners.



The Missouri Assault statute:

565.056. Assault in the fourth degree. — 1. A person commits the offense of assault in the fourth degree if:

? (1) The person attempts to cause or recklessly causes physical injury, physical pain, or illness to another person;

? (2) With criminal negligence the person causes physical injury to another person by means of a firearm;

? (3) The person purposely places another person in apprehension of immediate physical injury;

? (4) The person recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person;

? (5) The person knowingly causes or attempts to cause physical contact with a person with a disability, which a reasonable person, who does not have a disability, would consider offensive or provocative; or

? (6) The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative.

? 2. Except as provided in subsection 3 of this section, assault in the fourth degree is a class A misdemeanor.

? 3. Violation of the provisions of subdivision (3) or (6) of subsection 1 of this section is a class C misdemeanor unless the victim is a special victim, as the term "special victim" is defined under section 565.002, in which case a violation of such provisions is a class A misdemeanor.
42 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
I'm not sure what the law is in Missouri but here in NJ that's a crime. (Original Post) Dread Pirate Roberts Jun 2020 OP
It's a crime in California as well. onecaliberal Jun 2020 #1
She really has her finger on the trigger. Jesu! Walleye Jun 2020 #2
At least her idiot husband who doesn't know how to hold his AR-15 knows trigger discipline nt sweetloukillbot Jun 2020 #22
Or he doesn't know where the trigger is PatSeg Jun 2020 #23
That's possible as well sweetloukillbot Jun 2020 #29
Yeah, it was pretty comical PatSeg Jun 2020 #30
Oregon Timewas Jun 2020 #3
This? soothsayer Jun 2020 #4
Just for comparison-the NJ Aggravated Assault statute Dread Pirate Roberts Jun 2020 #5
I expect they'll be charged. PTWB Jun 2020 #6
How long before the charges are dismissed? Aristus Jun 2020 #17
Unlikely. PTWB Jun 2020 #20
I sure hope so. Aristus Jun 2020 #25
Even rich white people who stick their thumb in the eye of the state can get prosecuted.. PTWB Jun 2020 #26
they probably won't, they were on their own property Amishman Jun 2020 #32
They'll be charged. PTWB Jun 2020 #34
They were charged. PTWB Jul 2020 #42
People Control, Not Gun Control - these people should not have possession of a gun Sancho Jun 2020 #7
It kinda looks like hubby is pointing his weapon at wifey. AJT Jun 2020 #8
That's so bad! Dread Pirate Roberts Jun 2020 #13
Well, she's already wearing a striped shirt, so maybe she's ready for jail? MineralMan Jun 2020 #9
I forgot to mention "Scarface" McCloskey in the background Dread Pirate Roberts Jun 2020 #10
what is the back story to this? demtenjeep Jun 2020 #11
Just some peaceful protestors passing by Dread Pirate Roberts Jun 2020 #12
And good god, she has her finger on the trigger GulfCoast66 Jun 2020 #14
The McCloskey Gang.... Laxman Jun 2020 #15
This message was self-deleted by its author redstatebluegirl Jun 2020 #16
Oh yes! Dread Pirate Roberts Jun 2020 #18
Yes 2golddogs Jun 2020 #19
it is a felony there, too -- and, look at her finger obamanut2012 Jun 2020 #21
Convicted felon safeinOhio Jun 2020 #27
Can you imagine if she had pulled the trigger, and killed someone...? First Speaker Jun 2020 #24
Hey, Douchebag! snort Jun 2020 #28
Oh, they went and shut their firm web site down. Dread Pirate Roberts Jun 2020 #31
NJ is also a Castle Doctrine state Azathoth Jun 2020 #33
Mad Dog and Scarface look like they're setting up that defense. Dread Pirate Roberts Jun 2020 #36
No "castle domain" if protesters are not on their property but just walking by. marie999 Jun 2020 #39
I wonder what they plan on doing BlueIdaho Jun 2020 #35
Her finger is ON the trigger! 2naSalit Jun 2020 #37
Video of the action figure couple csziggy Jun 2020 #38
What about this? marie999 Jun 2020 #40
It just hit me-maybe they watched Tremors a couple of times too many? Dread Pirate Roberts Jun 2020 #41

Walleye

(30,978 posts)
2. She really has her finger on the trigger. Jesu!
Mon Jun 29, 2020, 11:32 AM
Jun 2020

She should be arrested and banned from owning guns. And some big guy should kneel on her neck

sweetloukillbot

(10,972 posts)
29. That's possible as well
Mon Jun 29, 2020, 12:42 PM
Jun 2020

Watching him fumble with the shoulder strap I was half expecting one of those scenes from comedies where the gun just starts firing randomly in all directions...

PatSeg

(47,260 posts)
30. Yeah, it was pretty comical
Mon Jun 29, 2020, 12:49 PM
Jun 2020

if it wasn't such a dangerous weapon. That said, I'll bet neither gun was loaded. Not sure they would even know how to do that.

They could have just stayed in their home and waited for the protesters to pass or if really threatened, call the police. But they had to make fools of themselves and now they are all over the Internet, as well as their names and the name of their law firm. Pretty dumb for seemingly successful lawyers.

Timewas

(2,190 posts)
3. Oregon
Mon Jun 29, 2020, 11:33 AM
Jun 2020

Also, called brandishing...Lucky for them no one decided ot feel seriously threatened and just shot them ...Probably justified
.

soothsayer

(38,601 posts)
4. This?
Mon Jun 29, 2020, 11:34 AM
Jun 2020

Carrying
State law does not prohibit the open carrying of firearms, but does prohibit exhibiting “any weapon readily capable of lethal use” in an angry or threatening manner in the presence of one or more persons. Mo. Rev. Stat. § 571.030.1(4).

Dread Pirate Roberts

(1,896 posts)
5. Just for comparison-the NJ Aggravated Assault statute
Mon Jun 29, 2020, 11:36 AM
Jun 2020

It would mean say bye-bye to your law license as well.

b.Aggravated assault. A person is guilty of aggravated assault if he:

(1)Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or

(2)Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or

(3)Recklessly causes bodily injury to another with a deadly weapon; or

(4)Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in section 2C:39-1f., at or in the direction of another, whether or not the actor believes it to be loaded; or
 

PTWB

(4,131 posts)
20. Unlikely.
Mon Jun 29, 2020, 12:02 PM
Jun 2020

These folks have made a portion of their living by suing the local government. I’d bet dollars to donuts that their rivals in the prosecutors office are salivating over being able to charge these two jokers.

They’re actively representing a victim of police brutality in a high profile local case right now.

Aristus

(66,286 posts)
25. I sure hope so.
Mon Jun 29, 2020, 12:17 PM
Jun 2020

Because, you know, white, rich...

The shit you can get away with just those two attributes...

 

PTWB

(4,131 posts)
26. Even rich white people who stick their thumb in the eye of the state can get prosecuted..
Mon Jun 29, 2020, 12:23 PM
Jun 2020

We will see.

Amishman

(5,554 posts)
32. they probably won't, they were on their own property
Mon Jun 29, 2020, 01:01 PM
Jun 2020

I won't post links given the only sources I can find about this are right wing sites, but they were on their own lawn in front of their mansion. The protestors were not on public property either, which puts Missouri's rather crazy castle doctrine law into play.

 

PTWB

(4,131 posts)
34. They'll be charged.
Mon Jun 29, 2020, 01:20 PM
Jun 2020

You can’t stand on your lawn and point an AR at folks walking down the street, regardless of whether or not the street is publicly or privately maintained. Replace protestor with meter reader, delivery driver, firefighter, police officer, ambulance driver, landscaper or any of the other myriad people who may access that road. Can folks just stand in their front yard and point ARs at them? No.

Sancho

(9,067 posts)
7. People Control, Not Gun Control - these people should not have possession of a gun
Mon Jun 29, 2020, 11:40 AM
Jun 2020

They are dangerous.

This is my generic response to gun threads where people are shot and killed by the dumb or criminal possession of guns. For the record, I grew up in the South and on military bases. I was taught about firearms as a child, and I grew up hunting, was a member of the NRA, and I still own guns. In the 70’s, I dropped out of the NRA because they become more radical and less interested in safety and training. Some personal experiences where people I know were involved in shootings caused me to realize that anyone could obtain and posses a gun no matter how illogical it was for them to have a gun. Also, easy access to more powerful guns, guns in the hands of children, and guns that weren’t secured are out of control in our society. As such, here’s what I now think ought to be the requirements to possess a gun. I’m not debating the legal language, I just think it’s the reasonable way to stop the shootings. Notice, none of this restricts the type of guns sold. This is aimed at the people who shoot others, because it’s clear that they should never have had a gun.

1.) Anyone in possession of a gun (whether they own it or not) should have a regularly renewed license. If you want to call it a permit, certificate, or something else that's fine.
2.) To get a license, you should have a background check, and be examined by a professional for emotional and mental stability appropriate for gun possession. It might be appropriate to require that examination to be accompanied by references from family, friends, employers, etc. This check is not to subject you to a mental health diagnosis, just check on your superficial and apparent gun-worthyness.
3.) To get the license, you should be required to take a safety course and pass a test appropriate to the type of gun you want to use.
4.) To get a license, you should be over 21. Under 21, you could only use a gun under direct supervision of a licensed person and after obtaining a learner’s license. Your license might be restricted if you have children or criminals or other unsafe people living in your home. (If you want to argue 18 or 25 or some other age, fine. 21 makes sense to me.)
5.) If you possess a gun, you would have to carry a liability insurance policy specifically for gun ownership - and likely you would have to provide proof of appropriate storage, security, and whatever statistical reasons that emerge that would drive the costs and ability to get insurance.
6.) You could not purchase a gun or ammunition without a license, and purchases would have a waiting period.
7.) If you possess a gun without a license, you go to jail, the gun is impounded, and a judge will have to let you go (just like a DUI).
8.) No one should carry an unsecured gun (except in a locked case, unloaded) when outside of home. Guns should be secure when transporting to a shooting event without demonstrating a special need. Their license should indicate training and special carry circumstances beyond recreational shooting (security guard, etc.). If you are carrying your gun while under the influence of drugs or alcohol, you lose your gun and license.
9.) If you buy, sell, give away, or inherit a gun, your license information should be recorded.
10.) If you accidentally discharge your gun, commit a crime, get referred by a mental health professional, are served a restraining order, etc., you should lose your license and guns until reinstated by a serious relicensing process.

Most of you know that a license is no big deal. Besides a driver’s license you need a license to fish, operate a boat, or many other activities. I realize these differ by state, but that is not a reason to let anyone without a bit of sense pack a semiautomatic weapon in public, on the roads, and in schools. I think we need to make it much harder for some people to have guns.

AJT

(5,240 posts)
8. It kinda looks like hubby is pointing his weapon at wifey.
Mon Jun 29, 2020, 11:41 AM
Jun 2020

He looks sooooo tempted. "How can I make it look like an accident, or somehow blame these protesters?"

MineralMan

(146,255 posts)
9. Well, she's already wearing a striped shirt, so maybe she's ready for jail?
Mon Jun 29, 2020, 11:42 AM
Jun 2020

Those two are a sorry lot. Instead of staying inside their old mansion, they got their weapons and came out to threaten people who had no interest in them or their house. They inserted themselves into a situation that had nothing to do with them.

Arrests are in order, for certain. Both she and her cowardly husband had fingers on triggers. Now, maybe they had not operated the action on their firearms and they were not ready to fire, but nobody other than them knows that or knows that is not the case.

Further, neither of them appears to be actually aiming their weapons. I suspect neither really knows much about their weapons, nor how to shoot them. Someone should take the weapons away from them, since they obviously have zero skills in using them, and so are very dangerous.

Brandishing to threaten.

Dread Pirate Roberts

(1,896 posts)
10. I forgot to mention "Scarface" McCloskey in the background
Mon Jun 29, 2020, 11:43 AM
Jun 2020

He's doing his best "Say hello to my little friend" imitation.

GulfCoast66

(11,949 posts)
14. And good god, she has her finger on the trigger
Mon Jun 29, 2020, 11:48 AM
Jun 2020

As I saw in an earlier photo here husband did.

Typical rich white conservatives. Go buy expensive guns but think they are too smart to have to take gun safety classes.

The irony? Had any of the protesters had firearms the could have legally shot and killed her. I guess, kind of, that they did not.

Laxman

(2,419 posts)
15. The McCloskey Gang....
Mon Jun 29, 2020, 11:53 AM
Jun 2020

Mad Dog & Scarface. Be a shame if that picture withe the hashtag #mad dog & scarface went viral. Maybe they can get Faye Dunaway and Warren Beatty to play them in the movie?

Response to Dread Pirate Roberts (Original post)

obamanut2012

(26,046 posts)
21. it is a felony there, too -- and, look at her finger
Mon Jun 29, 2020, 12:03 PM
Jun 2020

IT IS ON THE TRIGGER IN EVERY SINGLE PIC AND VIDEO! And, don't get me started about Rambo.

And, if that group of protestors was an actual violent mob, they would have overrun those two Dirty Harry LARPers and killed them in 15-30 seconds.

First Speaker

(4,858 posts)
24. Can you imagine if she had pulled the trigger, and killed someone...?
Mon Jun 29, 2020, 12:15 PM
Jun 2020

...thank God for small favors. St Louis would have gone up in flames.

Azathoth

(4,607 posts)
33. NJ is also a Castle Doctrine state
Mon Jun 29, 2020, 01:15 PM
Jun 2020

I'm not defending what these two yahoos did, but even in Jersey you have no duty to retreat when you're defending your home.

You'd have to prove to a jury that it was unreasonable for them to believe their home and safety were at risk. And with the relentless hyping of riots and looting in conservative media (and the fact the protestors might have been trespassing on private property), good luck with that.

Dread Pirate Roberts

(1,896 posts)
36. Mad Dog and Scarface look like they're setting up that defense.
Mon Jun 29, 2020, 01:44 PM
Jun 2020
“This is all private property. There are no public sidewalks or public streets. We were told that we would be killed, our home burned and our dog killed. We were all alone facing an angry mob,” McCloskey said.
 

marie999

(3,334 posts)
39. No "castle domain" if protesters are not on their property but just walking by.
Mon Jun 29, 2020, 02:45 PM
Jun 2020

In the video, I don't think I saw any protesters on their property.

 

marie999

(3,334 posts)
40. What about this?
Mon Jun 29, 2020, 02:48 PM
Jun 2020

You are walking down the sidewalk and someone comes out of their house and points a pistol at you and their finger is on the trigger. If you had a concealed weapon wouldn't you have the right to shoot them if you are in a state where you do not have to retreat?

Latest Discussions»General Discussion»I'm not sure what the law...