(Former McCloskey defense attorney Al) Watkins told reporters the pistol Patricia McCloskey used was only a prop from a federal trial that the couple used in a case. Both of them are attorneys.

A source familiar with the investigation told 5 On Your Side that police did not find any ammunition at the McCloskeys’ home and the rifle was not loaded when they seized it.

Within hours of the ruling, Missouri Attorney General Eric Schmitt filed a brief seeking to dismiss Gardner’s charges against the McCloskeys on the grounds that their Second Amendment rights are being violated.

“The right to keep and bear arms is given the highest level of protection in our constitution and our laws, including the Castle Doctrine, which provides broad rights to Missourians who are protecting their property and lives from those who wish to do them harm,” Schmitt said in a prepared statement provided to Fox News.

“Despite this, Circuit Attorney Gardner filed suit 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,” Schmitt said.