Originally posted by Kidicious
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I was wrong... granted it was the Judge in Interpreting the law that did it, and it could have gone either way, it still makes my comment wrong that having the gun was against Wisconsin Law.
Experts say gun charge dropped in Rittenhouse trial was result of poorly worded law
REUTERS
Nov 15 (Reuters) - The dismissal of a misdemeanor weapons charge against high-profile murder defendant Kyle Rittenhouse is likely to ignite a statehouse debate over how to fix what the judge in the case called unclear and two legal experts called poorly worded Wisconsin legislation.
Defense attorneys in July filed a motion to dismiss the underage firearms possession charge against Rittenhouse, who was 17 when he shot three people, killing two of them, during racial justice protests in Kenosha, Wisconsin, last year. Judge Bruce Schroeder, who earlier denied the request, granted it shortly before closing arguments started on Monday in the murder trial for Rittenhouse.
"This is going to touch a nerve for some people," said John Gross, a law professor at the University of Wisconsin. "But this is not an unreasonable reading of this statute by this judge."
Gross said the Wisconsin law concerning underage possession of a dangerous weapon - which covers everything from guns to brass knuckles - is written in a way that it seems to apply restrictions on gun possession only when the person is carrying a short-barreled weapon such as a sawed-off shotgun, less than 12 inches. That is what Rittenhouse's lawyers argued.
The .223 caliber Smith & Wesson rifle Rittenhouse used in the shootings has a 16-inch barrel.
What the legislature did in its writing of the law was to "accidentally carve out a rule that says somebody under the age of 18 can legally have a rifle or shotgun as long as the barrel is of sufficient length," Gross said. "It's just a legislative blunder and it should be fixed."
Tom Grieve, an attorney who specializes in defending gun cases and is a former Wisconsin state prosecutor, said a trial judge's decision set no legally binding precedent. But it may lead other judges to think again about their interpretation of the underage possession law as it now stands.
Grieve, who oversees what he said was the largest criminal defense firm in the state, said he had never before seen anyone charged with the underage illegal possession count Rittenhouse had faced, so he does not think the judge's decision would necessarily have a big impact in courtrooms.
"This could absolutely be something that the legislature takes a look at," Grieve said.
So I was wrong and unlike some people, actually admit when I am.
Keep on Civin'
RIP rah, Tony Bogey & Baron O
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He never should have been charged. That law is to charge armed robbers who shoot people because they try to stop them from committing a crime. Those scumbags were trying to stop Kyle from putting out the fires they were starting.I drank beer. I like beer. I still like beer. ... Do you like beer Senator?
- Justice Brett Kavanaugh
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Not even KH claims he was there to put out fires, you effing hypocrite. If Kyle Rittenhouse was a 17-year-old black guy who drove across state lines with an AR-15 and shot 3 protesters, you'd be demanding he be thrown in jail and throw away the key. IF he was even still alive to stand trial.
You disgust me.
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I don't pay any attention to your BS.
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What were you expecting? They are lawyers, doing their job. Were you thinking they would just not bother having a closing argument?
Also, please learn the meaning of "corrupt."Apolyton's Grim Reaper 2008, 2010 & 2011
RIP lest we forget... SG (2) and LaFayette -- Civ2 Succession Games Brothers-in-Arms
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Kid continuing on his anybody that disagrees with me is either stupid, corrupt, evil, Blah Blah Blah rants
At least we all know he's just sprouting the nonsense being spoon fed to him. Maybe he should go back and read all of his moronic rants to see just how stupid he sounds...
Keep on Civin'
RIP rah, Tony Bogey & Baron O
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I didn't watch the kid's testimony so i dont know if he addressed this issue but after watching video and hearing a witness who saw the 1st shooting i think Rosenbaum and Huber might have shot themselves. The witness said Rosenbaum pulled on the gun and forensics showed powder on his hand indicating his fingers were around the barrel and video of Huber shows him swinging the skateboard with one hand while his left hand reaches down grabbing the barrel as he went over the kid who was on the ground.
If Huber had just passed over the kid and let his momentum carry him away he wouldn't have been shot. But he was trying to yank the gun away as he went by and shot himself. The 3rd guy ran up just as Kyle recovered from Huber's attack and got the drop on him. So he puts up his hands as if he's surrendering. The kid lowers his gun and then Gaige charges him again anyway and gets shot. The thing is, the kid ran right by Gaige and told him he was going to find the police. I think they talked briefly.
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