JEFFERSON CITY — ºüÀêÊÓƵ lawyer Mark McCloskey has lost another round in his effort to reclaim firearms he and his wife agreed to surrender when they pleaded guilty to misdemeanors in 2021.
The Missouri Court of Appeals in ºüÀêÊÓƵ on Tuesday sided with a lower court judge who last year ruled against returning the guns.
Mark and Patricia McCloskey were originally charged with felonies for confronting protesters with firearms in 2020 outside their Central West End mansion.
The two pleaded guilty to misdemeanors in June 2021 and agreed to give up their weapons in a case that drew national attention. Gov. Mike Parson, a Republican, later pardoned the couple.
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Mark McCloskey then sued for the return of the two firearms turned over, a Colt AR-15 rifle and Bryco .380-caliber pistol.
But the Missouri Court of Appeals in ºüÀêÊÓƵ on Tuesday affirmed a December 2022 ruling by ºüÀêÊÓƵ Circuit Judge Joan Moriarty barring return of the two firearms, despite the gubernatorial pardon.
“Missouri law is unequivocal that a gubernatorial pardon obliterates the fact of the conviction, not the fact of guilt,†the appeals court said.
“McCloskey's guilty plea ... triggered the guns’ forfeiture,†the court said. “Since McCloskey’s guilt remains, it follows that he is not entitled to the return of the weapons.â€
Judge James M. Dowd authored the opinion, which was joined by Judges John P. Torbitzky and Michael S. Wright.
Mark McCloskey said Tuesday he would ask the Missouri Supreme Court to review the case.
“Hopefully the (Missouri) Supreme Court will take the case and rule on it,†McCloskey said.