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Judge questions Rittenhouse gun charge,
raising doubts about prosecution's case

Original Article

Posted By: DVC, 11/14/2021 4:50:07 PM

In covering the motions hearing last week in the trial of Kyle Rittenhouse, I noted a surprising comment from Judge Bruce Schroeder that he had "spent hours" with the Wisconsin gun law and could not state with certainty what it means in this case. The statement could effectively knock out the misdemeanor gun possession count – the one count that could still be in play for the jury after the prosecution's case on the more serious offense appeared to collapse in court. A close examination of that provision reveals ample reason to question not just its meaning but its application to this case.

Comments:

Excellent points by lawyer Mr. Turley.
I have commented previously that I believe that the possession of the rifle is very likely legal under Wisconsin law.

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Reply 1 - Posted by: DVC 11/14/2021 5:04:50 PM (No. 977547)
It appears that Rittenhouse may not have 'hunter safety course', but the law seems to say that it must be under age 16 AND not have a hunter safety course to create a violation. Since Mr. Rittenhouse was 17 at the time, it appears that this hunter safety course "violation" does not apply. He might need the hunter safety course to get a hunting license, but not to just posses the rifle, it appears. And the 'short barreled rifle' law is a part of the 1935 National Firearms Act, and says that rifles with barrels shorter than 16 inches must be federally registered, much like machine guns. This rifle is NOT a short barreled rifle under federal law. There are no Wisconsin laws against AR-15 type rifles with normal length barrels like this one. I think it is very likely that there is no illegality in Mr. Rittenhouse's possession of the rifle at all. And the persecutor proves again that he is a fool, and does not grasp the law. He must have gotten hislaw degree from a Cracker Jacks box.
25 people like this.

Reply 2 - Posted by: mc squared 11/14/2021 7:17:56 PM (No. 977640)
I'm no lawyer but I play one here. I researched the WI law, too, and I'm in agreement with poster #1
11 people like this.

Reply 3 - Posted by: curious1 11/14/2021 8:07:13 PM (No. 977680)
OP, it's certainly legal under the constitution of the United States, and that 'hands-off' dictate in the constitution applies to the states and political subdivisions, thereof. IOW, All of those limits/licenses/training are infringements on citizens exercising their rights. Concerning the Second Amendment, accepting the enemy's (demo-commies) premise is always a bad idea.
5 people like this.

Reply 4 - Posted by: lakerman1 11/14/2021 8:50:46 PM (No. 977714)
The judge, in his instructions to the jury,, should have to be specific in pointing out the law that applies to the gun possession charge, and if he can't do that, he has to dismiss at least that charge. On another matter, the drone photos, arriving late to the dance, should be challenged by the defense, asking to call their own expert witness. If the judge does not allow that motion, he creates a reversible error.,
4 people like this.

Reply 5 - Posted by: padiva 11/14/2021 8:56:36 PM (No. 977721)
Whatever goofy convictions there may be: 'Time served' (gavel hits its target) Maybe unsupervised parole. Kyle has learned a big lesson.
4 people like this.

Reply 6 - Posted by: Ditto1958 11/15/2021 12:00:08 AM (No. 977823)
If he’s convicted of that charge and appeals the appellate court should hold that law unconstitutional Wisconsin has other terrible laws like that, such as “possession of burglarious tools,” which can make possessing common items such as a screwdriver or pliers a crime to possess.
1 person likes this.

Reply 7 - Posted by: coldoc 11/15/2021 12:00:45 AM (No. 977825)
An interesting insight as to how lawyers write laws to provide job security for lawyers.
2 people like this.

Reply 8 - Posted by: RedWhite&Blue2 11/15/2021 12:06:05 AM (No. 977827)
NOT GUILTY.... now sue their pants off! FJB Sue him for slander! He’s more a white terrorist than we are!
4 people like this.

Reply 9 - Posted by: SkeezerMcGee 11/15/2021 11:03:13 AM (No. 978233)
The Gun Charge has been dismissed. The Jury will consider the other 5 charges.
1 person likes this.

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Judge questions Rittenhouse gun charge,
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Posted by DVC 11/14/2021 4:50:07 PM Post Reply
In covering the motions hearing last week in the trial of Kyle Rittenhouse, I noted a surprising comment from Judge Bruce Schroeder that he had "spent hours" with the Wisconsin gun law and could not state with certainty what it means in this case. The statement could effectively knock out the misdemeanor gun possession count – the one count that could still be in play for the jury after the prosecution's case on the more serious offense appeared to collapse in court. A close examination of that provision reveals ample reason to question not just its meaning but its application to this case.
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