The man who bought Kyle Rittenhouse the AR-15 rifle in the Kenosha shootings takes a plea deal to av
Source: Milwaukee Journal Sentinel
Kyle Rittenhouse's friend, who bought him an assault-style rifle when he was only 17, has agreed to plead no contest to contributing to the delinquency of a minor, a non-criminal citation, and avoid convictions on the two felonies he'd been facing.
Read more: https://www.jsonline.com/story/news/crime/2022/01/08/under-plea-deal-felonies-dropped-against-rittenhouse-gun-buyer/9133259002/
ret5hd
(20,489 posts)Everybody gets a pass!
Prof. Toru Tanaka
(1,952 posts)onecaliberal
(32,824 posts)Pantagruel
(2,580 posts)available to victim's families I hope??
drmeow
(5,017 posts)"Judge Schroeder could reject the deal, or still just dismiss the original felony counts based on his ruling about the minors-with-firearms law in the Rittenhouse case."
Given its the same judge as the Rittenhouse case, I'm surprised the charges haven't already been dismissed!
melm00se
(4,990 posts)The judge acted when Rittenhouses counsel made a motion that the misdemeanor gun charge be dropped and the judge did that because he held that the law was confusingly and poorly written.
Lets look at the law as it is written:
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.
Sounds like Rittenhouse was guilty under this part of the statute as the law defines a firearm as a dangerous weapon. Right?
Not so fast.
Lets continue thru the statute:
(3) 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
Well, isnt this more damning???
But wait a second. Whats this?
if the person is in violation of s. 941.28
Lets look at that 941.28 shall we?
941.28? Possession of short-barreled shotgun or short-barreled rifle.
and particularly these two parts
1 (b) Short-barreled rifle" means a rifle having one or more barrels having a length of less than 16 inches measured from closed breech or bolt face to muzzle or a rifle having an overall length of less than 26 inches.
(2)?No person may sell or offer to sell, transport, purchase, possess or go armed with a short-barreled shotgun or short-barreled rifle.
So wait a minute
the law says that you have to be in violation of 941.28 and 941.28 discusses the possession of short-barreled rifles and shotguns which are defined as have a barrel 26?.
Now, you are the judge and you have to rule on the law as it is written. Looking at the law as written, was Rittenhouse under 17 AND did the weapon in his possession meet the criteria as spelled out in the law?
PBC_Democrat
(401 posts)Too many of the laws on the books are not enforced or are plea-bargained away.
Until the laws we have are vigorously enforced and people actually do jail time --- NO NEW LAWS!!!!!
Paladin
(28,252 posts)dsc
(52,155 posts)the fact is the reason those laws aren't enforced is because the NRA makes them all but impossible to enforce. To take one example. We can't enforce laws against selling guns to the underaged the same way we do the ones against selling alcohol to the underaged. Bar owners are routinely the subject of sting operations where underaged people are sent in to buy alcohol and if they get served the owner gets a fine and loses his license. We are literally forbidden from this method for gun stores.
Kaleva
(36,294 posts)In Michigan, one has to pass an instant background check and show ID.
Hieronymus Phact
(369 posts)What's the point of new laws when the root of the problem: enforcement, isn't addressed? Will the new laws be enforced? Why can't Democrats run a strong law and order message and vow to increase funding for the BATF, and increased enforcement, instead of pitching divisive new laws only to have them not work?
thatdemguy
(453 posts)Thoroughly. And the atf does try to catch them breaking the law, there was a gunstore in maryland that got shut down due to stings. A female atf agent went in with her "boyfriend" who was also an atf agent. The guy picked the gun out and told her to buy it, they store heard this and did the sale. They where closed a month later.
If you even imply the gun is for someone else most stores will not do a sale.
If an FFL illegally sells a firearm (such as to an underage person) they are civilly and possibly criminally liable.
The protection only extends to legal actions.
dsc
(52,155 posts)I said they don't use the same methods of enforcement. They don't do stings.
paleotn
(17,911 posts)NickB79
(19,233 posts)He purchased a firearm for someone else who was legally prohibited from buying it himself. It should have been a slam dunk case.
Skittles
(153,147 posts)FailureToCommunicate
(14,012 posts)AZLD4Candidate
(5,680 posts)that own them, the justice system will throw the book at you.
If you do anything, including murder, that the police and their corporate masters think supports they agenda, you get off with a slap on the wrist.
Turbineguy
(37,317 posts)he can still buy guns for minors so they can kill people can't he?
I mean, that would be harsh.
Mr.Bill
(24,280 posts)Now he's free to keep buying guns. What could go wrong?
CanonRay
(14,101 posts)WTF? Hell of a deal. What color is he? Oh yeah.
paleotn
(17,911 posts)I guess the Brunswick area of Georgia is more law abiding. What a bizarre world we live in.
Permanut
(5,602 posts)That will deter him from ever doing anything like that again, and cause him great shame with his family, friends and community.
DallasNE
(7,402 posts)How can that law now be enforced if you let this guy off of the hook. This is not justice. Not when 2 people are gunned down and killed directly from this straw purchase.