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by -Ra- » Wed Sep 02, 2020 9:56 am
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by Galloism » Wed Sep 02, 2020 9:59 am
-Ra- wrote:Rittenhouse should face punishment for illegal firearms possession, but as far as I'm considered he acted in complete self-defense against the left-wing mob.
by Ors Might » Wed Sep 02, 2020 10:14 am
Galloism wrote:-Ra- wrote:Rittenhouse should face punishment for illegal firearms possession, but as far as I'm considered he acted in complete self-defense against the left-wing mob.
He might not even be guilty of illegal firearms possession. The law is SUPER unclear on that front.
The legislature seems to have never considered that an underage teenager might decide to go to a riot armed with a rifle.
by Galloism » Wed Sep 02, 2020 10:15 am
Ors Might wrote:Galloism wrote:He might not even be guilty of illegal firearms possession. The law is SUPER unclear on that front.
The legislature seems to have never considered that an underage teenager might decide to go to a riot armed with a rifle.
You’d think with the rise of youth activism and the number of guns in circulation, the possibility might’ve eventually dawned on someone. Oh well, perhaps this’ll be a case of better late than never.
by Ors Might » Wed Sep 02, 2020 10:17 am
Galloism wrote:Ors Might wrote:You’d think with the rise of youth activism and the number of guns in circulation, the possibility might’ve eventually dawned on someone. Oh well, perhaps this’ll be a case of better late than never.
I'm guessing quite a few states are going to take a second look at their statutes surrounding minors, rifles, and hunting.
by Telconi » Wed Sep 02, 2020 10:26 am
by Grinning Dragon » Wed Sep 02, 2020 11:48 am
Galloism wrote:-Ra- wrote:Rittenhouse should face punishment for illegal firearms possession, but as far as I'm considered he acted in complete self-defense against the left-wing mob.
He might not even be guilty of illegal firearms possession. The law is SUPER unclear on that front.
The legislature seems to have never considered that an underage teenager might decide to go to a riot armed with a rifle.
Wisconsin Statute 948.60 regulates the possession of a dangerous weapon by persons under 18 years old. In paragraph (2) (a) it states:
(a) Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.
Paragraph (3) lists exceptions. (3)(c) excludes most people who are under 18, except those in violation of 941.28 or 29.304 and 29.539.
(c) This section applies only to a person under 18 years of age who possesses or is armed with a rifle or a shotgun if the person is in violation of s. 941.28 or is not in compliance with ss. 29.304 and 29.593. This section applies only to an adult who transfers a firearm to a person under 18 years of age if the person under 18 years of age is not in compliance with ss. 29.304 and 29.593 or to an adult who is in violation of s. 941.28.
Statute 948.60 only applies to a person under the age of 18 who are in violation of 941.28 or not in compliance with 29.304 and 29.593.
What does it take to be in violation of 941.28? Here is the statute:
(2) No person may sell or offer to sell, transport, purchase, possess or go armed with a short-barreled shotgun or short-barreled rifle.
In the statute, short-barreled shotguns or short-barreled rifles are those which require a special license under the National Firearms Act. In general, those are rifles with a barrel less than 16 inches in length or shotguns with a barrel less than 18 inches in length, or either which have an overall length of less than 26 inches.
The rifle carried by Kyle Rittenhouse, as an ordinary AR15 type and does not fall into those categories, so Kyle was not violating 941.28.
Was Kyle in violation of Wisconsin statute 29.304 and statute 29.539? These statutes deal with hunting regulation and with people under the age of 16 carrying rifles and shotguns. First, statute 29.304:
29.304 Restrictions on hunting and use of firearms by persons under 16 years of age.
(b) Restrictions on possession or control of a firearm. No person 14 years of age or older but under 16 years of age may have in his or her possession or control any firearm unless he or she:
Kyle is reported to be over 16 years old, so he was not violating statute 29.304.
How about statute 29.539?
29.593 Requirement for certificate of accomplishment to obtain hunting approval.
Kyle was not hunting, so statute 29.539 does not apply.
To sum up: Wisconsin statutes 940.60 only forbid people under the age of 18 from possessing or carrying dangerous weapons in very limited cases. If a person is 16 years of age or older, the statute only applies to rifles and shotguns which are covered under the National Firearms Act as short-barreled rifles or shotguns. People who are hunting have to comply with the hunting regulations, and there are general restrictions for people under the age of 16.
While a casual reading of Wisconsin Statutes seems to indicate people under the age of 18 are forbidden from carrying rifles or shotguns, that is not the case under Wisconsin law, in general.
The general prohibition is for those under the age of 16. Kyle is reported to be more than 17 years old.
This is consistent with Wisconsin's Constitutional protection of the right to keep and bear arms, section 25. Wisconsin added the clear wording of Section 25 to the Wisconsin Constitution in 1998.
Text of Section 25:
Right to Keep and Bear Arms
The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.[1]
Kyle was legally able to exercise his right to keep and bear arms for security and defense, as protected by the Wisconsin Constitution. He was not forbidden by Wisconsin law from possessing or carrying a rifle because he was less than 18 years of age.
The law is clear if a bit convoluted. Lawyers are supposed to be experts at unwinding the convolutions of the law.
Kyle's defense team is correct. The criminal complaint against Kyle appears to have been rushed and ill-conceived.
by Grinning Dragon » Wed Sep 02, 2020 12:31 pm
by The Emerald Legion » Wed Sep 02, 2020 12:40 pm
by Galloism » Wed Sep 02, 2020 12:42 pm
Grinning Dragon wrote:Well OK then.
Prosecute district attorneys who charged Kyle Rittenhouse with murder under 18 U.S. Code § 242
by Fartsniffage » Wed Sep 02, 2020 12:54 pm
Grinning Dragon wrote:Well OK then.
Prosecute district attorneys who charged Kyle Rittenhouse with murder under 18 U.S. Code § 242
by Galloism » Wed Sep 02, 2020 12:55 pm
Fartsniffage wrote:Grinning Dragon wrote:Well OK then.
Prosecute district attorneys who charged Kyle Rittenhouse with murder under 18 U.S. Code § 242
Looking at the other popular petitions at the bottom of the page. Is that a website for crazy people?
by Rusozak » Wed Sep 02, 2020 12:56 pm
Fartsniffage wrote:Grinning Dragon wrote:Well OK then.
Prosecute district attorneys who charged Kyle Rittenhouse with murder under 18 U.S. Code § 242
Looking at the other popular petitions at the bottom of the page. Is that a website for crazy people?
by Insaanistan » Wed Sep 02, 2020 12:58 pm
by Kowani » Wed Sep 02, 2020 1:26 pm
by Galloism » Wed Sep 02, 2020 1:28 pm
by Greed and Death » Wed Sep 02, 2020 1:30 pm
Fartsniffage wrote:Grinning Dragon wrote:Well OK then.
Prosecute district attorneys who charged Kyle Rittenhouse with murder under 18 U.S. Code § 242
Looking at the other popular petitions at the bottom of the page. Is that a website for crazy people?
by Greed and Death » Wed Sep 02, 2020 1:32 pm
Grinning Dragon wrote:Well OK then.
Prosecute district attorneys who charged Kyle Rittenhouse with murder under 18 U.S. Code § 242
by Kowani » Wed Sep 02, 2020 1:33 pm
by Fartsniffage » Wed Sep 02, 2020 1:39 pm
Greed and Death wrote:Grinning Dragon wrote:Well OK then.
Prosecute district attorneys who charged Kyle Rittenhouse with murder under 18 U.S. Code § 242
It would be very difficult to show his prosecution was based off of him being an alien, or by reason of his color, or race, .
by The Lone Alliance » Wed Sep 02, 2020 1:46 pm
by West Leas Oros 2 » Wed Sep 02, 2020 1:50 pm
The Lone Alliance wrote:You know I think half the reason the rioters and activists are so mad is because Kenosha has been a complete disaster optics wise.
Criminal elements showed up early on and quickly derailed any chance at peaceful protests because they wanted to destroy things, and the vast majority of the protesters and rioters were also white so it hurts the view that they're there for BLM, and then when the media finally got their "Racist mass shooter" the narrative is completely against what they want.
Instead of a "20 something skinhead machine gunning innocent minorities" it's a "17 year old with no history of extremist support getting chased and assaulted by a bunch of white felons".
WLO Public News: Outdated Factbooks and other documents in process of major redesign! ESTIMATED COMPLETION DATE: <error:not found>
by The Lone Alliance » Wed Sep 02, 2020 1:59 pm
Yes they're useful when you're wanting to threaten to "Burn the country down until we get our way" but that's about the only threat you can hold, they're pretty useless for everything else.West Leas Oros 2 wrote:
What can you expect when you draw a large amount of support from anarchists? Destruction and violence with no purpose is what the ideology is known for.
by West Leas Oros 2 » Wed Sep 02, 2020 2:02 pm
The Lone Alliance wrote:Yes they're useful when you're wanting to threaten to "Burn the country down until we get our way" but that's about the only threat you can hold, they're pretty useless for everything else.West Leas Oros 2 wrote:
What can you expect when you draw a large amount of support from anarchists? Destruction and violence with no purpose is what the ideology is known for.
WLO Public News: Outdated Factbooks and other documents in process of major redesign! ESTIMATED COMPLETION DATE: <error:not found>
by Fartsniffage » Wed Sep 02, 2020 2:05 pm
West Leas Oros 2 wrote:The Lone Alliance wrote: Yes they're useful when you're wanting to threaten to "Burn the country down until we get our way" but that's about the only threat you can hold, they're pretty useless for everything else.
That explains why every attempt at creating a society following their model lasted about as long as an ice cube on the sun.
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