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196
Politifact "fact checked" the claim Rittenhouse was legally able to possess that rifle as "false". Today the judge threw out the charge because it was 100% legal (archive.md)
posted 4 years ago by YesMovement 4 years ago by YesMovement +196 / -0
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– tuchodi 6 points 4 years ago +6 / -0

The prosecution thought they had the law on their side:

=======================================

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.

https://docs.legis.wisconsin.gov/statutes/statutes/948/60/1

=======================================

Anybody found the legislation that the defense used? It must be there somewhere.

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▲ 5 ▼
– 673b1cb6caf1 5 points 4 years ago +5 / -0

I think the key is subsection 3a.

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.

I'm no lawyer, but I read that to mean "this doesn't count for rifles or shotguns unless:

  • it's a short barreled rifle or shotgun (941.28) -stuff about hunting( 29.304 and 29.593)
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▲ 1 ▼
– tuchodi 1 point 4 years ago +1 / -0

Right. Thanks.

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▲ 5 ▼
– captain-shitpost 5 points 4 years ago +5 / -0

scroll down literally in the same section... when possessing a rifle or shotgun, it only applies to short barreled rifles and shotguns

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▲ 1 ▼
– tuchodi 1 point 4 years ago +1 / -0

Right. Thanks.

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