Rittenhouse ordered to stand trial

[boedicca]

It was illegal in Wisconsin for him to posess that rifle. That is a criminal act

No, it wasn't. Kyle was over 16 at the time and the rifle was fullsized (nor shortened or sawn off). It was perfectly legal for him to carry it.

 

[tahuyaman]

No, it wasn't. Kyle was over 16 at the time and the rifle was fullsized (nor shortened or sawn off). It was perfectly legal for him to carry it.

He was under 18. It was a crime for him to posess that rile. Wisconsin law is quite clear. Evidently you've never read it.

 

[Rigby5]

Rittenhouse 1 – Law of Self Defense

I disagree.
I do think that poor judgement, to the degree of deliberately trying to intimidate people at a valid demonstration, with a high capacity rifle, does amount to a crime.

 

[tahuyaman]

Oh Teh Irony.

Kyle was there to protect businesses and homes from Antifa-BLM violence, looting and arson. He had his first aid kit with him so that he could help people attacked by your comrades. His real "crime" is not capitulating to your Marxist Reign of Terror.

He had a first aid kit. So what?

 

[boedicca]

He was under 18. It was a crime for him to posess that rile. Wisconsin law is quite clear. Evidently you've never read it.

Nope, it was not:



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.

Kyle Rittenhouse: Are People under the age of 18 Forbidden from Open Carry in WI?

Wisconsin law does not forbid the open carry of rifles and shotguns for people under the age of 18, generally. Kyle Rittenhouse was not violating the law by openly carrying an AR15 type rifle.

www.ammoland.com

 

[boedicca]

I disagree.
I do think that poor judgement, to the degree of deliberately trying to intimidate people at a valid demonstration, with a high capacity rifle, does amount to a crime.

So much attention on Kyle defending himself and no condemnation of the Antifa-BLM thugs who were torchign the town.

What a tool you are.

 

[Rigby5]

No, it wasn't. Kyle was over 16 at the time and the rifle was fullsized (nor shortened or sawn off). It was perfectly legal for him to carry it.

Nope.
Not on WI, which requires him to be 18 in order to be carrying a rifle.

{...
948.60  Possession of a dangerous weapon by a person under 18.
(1)  In this section, “dangerous weapon" means any firearm, loaded or unloaded; any electric weapon, as defined in s. 941.295 (1c) (a); metallic knuckles or knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles; a nunchaku or any similar weapon consisting of 2 sticks of wood, plastic or metal connected at one end by a length of rope, chain, wire or leather; a cestus or similar material weighted with metal or other substance and worn on the hand; a shuriken or any similar pointed star-like object intended to injure a person when thrown; or a manrikigusari or similar length of chain having weighted ends.
(2) 
(a) Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.
(b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a person under 18 years of age is guilty of a Class I felony.
(c) Whoever violates par. (b) is guilty of a Class H felony if the person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.
(d) A person under 17 years of age who has violated this subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.
(3) 
(a) This section does not apply to a person under 18 years of age who possesses or is armed with a dangerous weapon when the dangerous weapon is being used in target practice under the supervision of an adult or in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult. This section does not apply to an adult who transfers a dangerous weapon to a person under 18 years of age for use only in target practice under the adult's supervision or in a course of instruction in the traditional and proper use of the dangerous weapon under the adult's supervision.
(b) This section does not apply to a person under 18 years of age who is a member of the armed forces or national guard and who possesses or is armed with a dangerous weapon in the line of duty. This section does not apply to an adult who is a member of the armed forces or national guard and who transfers a dangerous weapon to a person under 18 years of age in the line of duty.
(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.
History: 1987 a. 332; 1991 a. 18, 139; 1993 a. 98; 1995 a. 27, 77; 1997 a. 248; 2001 a. 109; 2005 a. 163; 2011 a. 35.
Sub. (2) (b) does not set a standard for civil liability, and a violation of sub. (2) (b) does not constitute negligence per se. Logarto v. Gustafson, 998 F. Supp. 998 (1998).
...}

 

[boedicca]

He had a first aid kit. So what?

It's not surprising that the concept of being prepared to help others is beyond your cognitive abilities.

 

[boedicca]

Nope.
Not on WI, which requires him to be 18 in order to be carrying a rifle.

{...
Read more: Kyle Rittenhouse: Are People under the age of 18 Forbidden from Open Carry in WI?
Under Creative Commons License: Attribution
Follow us: @Ammoland on Twitter | Ammoland on Facebook

Wisconsin Statute 948.60 regulates the possession of a dangerous weapon by persons under 18 years old. In paragraph (2) (a) it states:


...}

Answered in post 1625.

The short version: you're wrong.

 

[tahuyaman]

It's not surprising that the concept of being prepared to help others is beyond your cognitive abilities.

How does having a first aid kit mitigate his actions?

 

[Rigby5]

Nope, it was not:



Wisconsin Statute 948.60 regulates the possession of a dangerous weapon by persons under 18 years old. In paragraph (2) (a) it states:


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.


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:


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:


Kyle is reported to be over 16 years old, so he was not violating statute 29.304.

Kyle Rittenhouse: Are People under the age of 18 Forbidden from Open Carry in WI?

Wisconsin law does not forbid the open carry of rifles and shotguns for people under the age of 18, generally. Kyle Rittenhouse was not violating the law by openly carrying an AR15 type rifle.

www.ammoland.com

Wrong.
That is entirely misinterpreted.
The exception is that the misdemeanor becomes a felony if the underage rifle carrier then actually shoots someone.
It has nothing to do with barrel length.
Here is the total statute.

{..
948.60  Possession of a dangerous weapon by a person under 18.
(1)  In this section, “dangerous weapon" means any firearm, loaded or unloaded; any electric weapon, as defined in s. 941.295 (1c) (a); metallic knuckles or knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles; a nunchaku or any similar weapon consisting of 2 sticks of wood, plastic or metal connected at one end by a length of rope, chain, wire or leather; a cestus or similar material weighted with metal or other substance and worn on the hand; a shuriken or any similar pointed star-like object intended to injure a person when thrown; or a manrikigusari or similar length of chain having weighted ends.
(2) 
(a) Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.
(b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a person under 18 years of age is guilty of a Class I felony.
(c) Whoever violates par. (b) is guilty of a Class H felony if the person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.
(d) A person under 17 years of age who has violated this subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.
(3) 
(a) This section does not apply to a person under 18 years of age who possesses or is armed with a dangerous weapon when the dangerous weapon is being used in target practice under the supervision of an adult or in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult. This section does not apply to an adult who transfers a dangerous weapon to a person under 18 years of age for use only in target practice under the adult's supervision or in a course of instruction in the traditional and proper use of the dangerous weapon under the adult's supervision.
(b) This section does not apply to a person under 18 years of age who is a member of the armed forces or national guard and who possesses or is armed with a dangerous weapon in the line of duty. This section does not apply to an adult who is a member of the armed forces or national guard and who transfers a dangerous weapon to a person under 18 years of age in the line of duty.
(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.
History: 1987 a. 332; 1991 a. 18, 139; 1993 a. 98; 1995 a. 27, 77; 1997 a. 248; 2001 a. 109; 2005 a. 163; 2011 a. 35.
Sub. (2) (b) does not set a standard for civil liability, and a violation of sub. (2) (b) does not constitute negligence per se. Logarto v. Gustafson, 998 F. Supp. 998 (1998).
...}

Wisconsin Legislature: 948.60

docs.legis.wisconsin.gov

 

[tahuyaman]

Answered in post 1625.

The short version: you're wrong.

Nope. He was illegally in position of that rifle in Wisconsin. Of course it's only a misdemeanor though. Still, it's a crime.

 

[tahuyaman]

Wrong.
That is entirely misinterpreted.
The exception is that the misdemeanor becomes a felony if the underage rifle carrier then actually shoots someone.
It has nothing to do with barrel length.
Here is the total statute.

{..
948.60  Possession of a dangerous weapon by a person under 18.
(1)  In this section, “dangerous weapon" means any firearm, loaded or unloaded; any electric weapon, as defined in s. 941.295 (1c) (a); metallic knuckles or knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles; a nunchaku or any similar weapon consisting of 2 sticks of wood, plastic or metal connected at one end by a length of rope, chain, wire or leather; a cestus or similar material weighted with metal or other substance and worn on the hand; a shuriken or any similar pointed star-like object intended to injure a person when thrown; or a manrikigusari or similar length of chain having weighted ends.
(2) 
(a) Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.
(b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a person under 18 years of age is guilty of a Class I felony.
(c) Whoever violates par. (b) is guilty of a Class H felony if the person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.
(d) A person under 17 years of age who has violated this subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.
(3) 
(a) This section does not apply to a person under 18 years of age who possesses or is armed with a dangerous weapon when the dangerous weapon is being used in target practice under the supervision of an adult or in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult. This section does not apply to an adult who transfers a dangerous weapon to a person under 18 years of age for use only in target practice under the adult's supervision or in a course of instruction in the traditional and proper use of the dangerous weapon under the adult's supervision.
(b) This section does not apply to a person under 18 years of age who is a member of the armed forces or national guard and who possesses or is armed with a dangerous weapon in the line of duty. This section does not apply to an adult who is a member of the armed forces or national guard and who transfers a dangerous weapon to a person under 18 years of age in the line of duty.
(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.
History: 1987 a. 332; 1991 a. 18, 139; 1993 a. 98; 1995 a. 27, 77; 1997 a. 248; 2001 a. 109; 2005 a. 163; 2011 a. 35.
Sub. (2) (b) does not set a standard for civil liability, and a violation of sub. (2) (b) does not constitute negligence per se. Logarto v. Gustafson, 998 F. Supp. 998 (1998).
...}

Wisconsin Legislature: 948.60

docs.legis.wisconsin.gov

You proved yourself wrong.

Lol.

 

[boedicca]

How does having a first aid kit mitigate his actions?

It indicates his state of mind, but the most important thing is that he acted in self-defense when the Antifa-BLM mob tried to kill him.

 

[boedicca]

Nope. He was illegally in position of that rifle in Wisconsin. Of course it's only a misdemeanor though. Still, it's a crime.

His possession of the rifle was perfectly legal per the analysis I already posted.

 

[freyasman]

I disagree.
I do think that poor judgement, to the degree of deliberately trying to intimidate people at a valid demonstration, with a high capacity rifle, does amount to a crime.

Well, it doesn't.

 

[tahuyaman]

His possession of the rifle was perfectly legal per the analysis I already posted.

Lol. Not at all legal. I actually find it humorous that you post the info which proved you wrong, but still cling to your position.

 

[boedicca]

Lol. Not at all legal. I actually find it humorous that you post the info which proved you wrong, but still cling to your position.

I posted the complete analysis in 1625. It's not my problem that you cannot read for comprehension or retention.

The only thing that would have made Kyle carrying the gun illegal is if he were under 16 and the rifle was shortened. Neither of these two things occurred.

 

[tahuyaman]

I posted the complete analysis in 1625. It's not my problem that you cannot read for comprehension or retention.

The only thing that would have made Kyle carrying the gun illegal is if he were under 16 and the rifle was shortened. Neither of these two things occurred.

So you're digging in after proving yourself wrong. Lol.

 

[boedicca]

So you're digging in after proving yourself wrong. Lol.

Your acquaintance with reality is as non-existent as your ones with logic, reading comprehension and civil rights.