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DetroitLegalBeagle

(1,922 posts)
Sat Jan 8, 2022, 06:46 PM Jan 2022

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/

26 replies = new reply since forum marked as read
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The man who bought Kyle Rittenhouse the AR-15 rifle in the Kenosha shootings takes a plea deal to av (Original Post) DetroitLegalBeagle Jan 2022 OP
You get a pass! And you get a pass! ret5hd Jan 2022 #1
Yes, that sadly is true. Prof. Toru Tanaka Jan 2022 #2
Not everyone gets a pass. Only white people get a pass. onecaliberal Jan 2022 #6
Civil suits Pantagruel Jan 2022 #3
The judge drmeow Jan 2022 #4
Judge dismissing minors with firearms charge in Rittenhouse trial melm00se Jan 2022 #21
This Kind of Thing is the Reason Gun Owners Oppose New Laws PBC_Democrat Jan 2022 #5
Yeah, sure. (nt) Paladin Jan 2022 #7
that is very disingenuous dsc Jan 2022 #9
How often do underage kids buy guns illegally at gun shops? Kaleva Jan 2022 #14
I'm sympathetic to PBC_Democrat's argument. Hieronymus Phact Jan 2022 #17
actually they enforce rules on gun dealers very thatdemguy Jan 2022 #20
Incorrect sarisataka Jan 2022 #22
that isn't what I said dsc Jan 2022 #24
Post #20 sarisataka Jan 2022 #25
New laws that are clearer and more concise perhaps? paleotn Jan 2022 #16
This law was very clear and concise NickB79 Jan 2022 #23
LOL Skittles Jan 2022 #18
Welcome to white America... FailureToCommunicate Jan 2022 #8
This is proving to me that if you protest against the police and corporate and wealthy masters AZLD4Candidate Jan 2022 #10
But....... Turbineguy Jan 2022 #11
Wonderful. Mr.Bill Jan 2022 #12
He goes from two felonies to basically a speeding ticket CanonRay Jan 2022 #13
What the hell is wrong with Wisconsin criminal justice? paleotn Jan 2022 #15
I hope he also gets a sternly worded letter.. Permanut Jan 2022 #19
That Was An Illegal Straw Purchase DallasNE Jan 2022 #26

drmeow

(5,017 posts)
4. The judge
Sat Jan 8, 2022, 07:12 PM
Jan 2022

"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)
21. Judge dismissing minors with firearms charge in Rittenhouse trial
Sat Jan 8, 2022, 10:58 PM
Jan 2022

The judge acted when Rittenhouse’s 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.

Let’s 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.

Let’s 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, isn’t this more damning???

But wait a second. What’s this?

if the person is in violation of s. 941.28

Let’s 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)
5. This Kind of Thing is the Reason Gun Owners Oppose New Laws
Sat Jan 8, 2022, 07:18 PM
Jan 2022

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!!!!!

dsc

(52,155 posts)
9. that is very disingenuous
Sat Jan 8, 2022, 07:48 PM
Jan 2022

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)
14. How often do underage kids buy guns illegally at gun shops?
Sat Jan 8, 2022, 08:52 PM
Jan 2022

In Michigan, one has to pass an instant background check and show ID.

Hieronymus Phact

(369 posts)
17. I'm sympathetic to PBC_Democrat's argument.
Sat Jan 8, 2022, 09:17 PM
Jan 2022

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)
20. actually they enforce rules on gun dealers very
Sat Jan 8, 2022, 10:00 PM
Jan 2022

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.

sarisataka

(18,600 posts)
22. Incorrect
Sat Jan 8, 2022, 11:24 PM
Jan 2022

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)
24. that isn't what I said
Sat Jan 8, 2022, 11:36 PM
Jan 2022

I said they don't use the same methods of enforcement. They don't do stings.

NickB79

(19,233 posts)
23. This law was very clear and concise
Sat Jan 8, 2022, 11:32 PM
Jan 2022

He purchased a firearm for someone else who was legally prohibited from buying it himself. It should have been a slam dunk case.

AZLD4Candidate

(5,680 posts)
10. This is proving to me that if you protest against the police and corporate and wealthy masters
Sat Jan 8, 2022, 07:51 PM
Jan 2022

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.

paleotn

(17,911 posts)
15. What the hell is wrong with Wisconsin criminal justice?
Sat Jan 8, 2022, 08:54 PM
Jan 2022

I guess the Brunswick area of Georgia is more law abiding. What a bizarre world we live in.

Permanut

(5,602 posts)
19. I hope he also gets a sternly worded letter..
Sat Jan 8, 2022, 09:39 PM
Jan 2022

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)
26. That Was An Illegal Straw Purchase
Sun Jan 9, 2022, 02:03 PM
Jan 2022

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.

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