Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Yo_Mama_Been_Loggin

(107,711 posts)
Tue Oct 5, 2021, 04:22 PM Oct 2021

Judge refuses to toss weapons charge against Rittenhouse

MADISON, Wis. (AP) — A judge refused to dismiss a weapons charge Tuesday against an Illinois man accused of shooting three people during a protest against police brutality in Wisconsin last year.

Kyle Rittenhouse, of Antioch, Illinois, shot and killed Joseph Rosenbaum and Anthony Huber and wounded Gaige Grosskreutz during the protest in Kenosha. Prosecutors charged Rittenhouse, who was 17 at the time of the protest, with multiple counts, including homicide and being a minor in possession of a firearm. His trial is set to begin Nov. 1.

Rittenhouse's attorneys have argued that he fired in self-defense after Rosenbaum, Huber and Grosskreutz attacked him. They asked Kenosha County Circuit Judge Bruce Schroeder to dismiss the weapon possession charge during a hearing Tuesday.

Corey Chirafisi, one of Rittenhouse's attorneys, argued that the statute only prohibits minors from possessing short-barreled rifles. Rittenhouse used an AR-style semiautomatic rifle with a 16-inch barrel the night of the shootings, according to Chirafisi.

https://www.yahoo.com/news/rittenhouse-due-court-likely-final-034948725.html

26 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Judge refuses to toss weapons charge against Rittenhouse (Original Post) Yo_Mama_Been_Loggin Oct 2021 OP
Question for DU gunners: is 16 inches a "short barrel"? lagomorph777 Oct 2021 #1
This message was self-deleted by its author Alexander Of Assyria Oct 2021 #3
No. sir pball Oct 2021 #13
Less than 16" is a short barrel rifle according to ATF csziggy Oct 2021 #14
Check this out. How the Manufacturers get around a short barreled rifle ... marble falls Oct 2021 #21
A little bit on Wisconsin gun laws for minors. Jim__ Oct 2021 #2
A technicality is fine by me. This smirking little... 3catwoman3 Oct 2021 #4
He's solidly guilty on the misdemeanor weapons charge localroger Oct 2021 #20
In a sick kind of way you could say that he was hunting...... groundloop Oct 2021 #22
Really? How F'ed is this country...... MyOwnPeace Oct 2021 #5
Ditto. iluvtennis Oct 2021 #7
This is the kind of country CrackityJones75 Oct 2021 #9
You are SO right..... MyOwnPeace Oct 2021 #10
Good for that judge! ShazzieB Oct 2021 #6
I'm sure Rittenhouse will be in the news again in a year or two. C Moon Oct 2021 #8
Very soon nobody will ever hear the name Kyle Rittenhouse again except @ his trial, when he .... Botany Oct 2021 #11
How do they charge the straw man buyer without charging Rittenhouse??? Ford_Prefect Oct 2021 #12
apparantly he thought onethatcares Oct 2021 #15
Well, he WAS "hunting." dchill Oct 2021 #17
wait til that loop hole comes up onethatcares Oct 2021 #19
Since he was a minor at the time of his crime.......... jaxexpat Oct 2021 #16
LOL ! This kid isn't from a classy enough background to get a job shining shoes in the Hamptons. Progressive Jones Oct 2021 #26
He was attacked after he started murdering people Fullduplexxx Oct 2021 #18
A kid like him needs to receive the max. LiberalFighter Oct 2021 #23
Rittenhouse should have listened to Sammy AverageOldGuy Oct 2021 #24
I, too, am so done with this shit. Codifer Oct 2021 #25

lagomorph777

(30,613 posts)
1. Question for DU gunners: is 16 inches a "short barrel"?
Tue Oct 5, 2021, 04:27 PM
Oct 2021

I think this asshole has already skated on the triple murder charges. I'd hate to rely on a technicality to nail him, but there must be some kind of accountability!

Response to lagomorph777 (Reply #1)

sir pball

(4,737 posts)
13. No.
Tue Oct 5, 2021, 05:32 PM
Oct 2021

16" is the minimum legal length for a "full sized" rifle, below that it's a short barreled rifle* which falls under the aegis of the NFA, regulated the same as a machine gun or silencer. I'd assume those items are also unlawful for minors to possess.

*Unless, that is, you call it a pistol and slap a Velcro strap on the stock so it becomes an "arm brace", then it's all fine and unregulated

csziggy

(34,131 posts)
14. Less than 16" is a short barrel rifle according to ATF
Tue Oct 5, 2021, 05:35 PM
Oct 2021
Short Barreled Rifle
Image of a Short Barreled Rifle

Classification

Short Barreled Rifle

Distinctive Characteristics

Rifle having a barrel or barrels of less than 16 inches in length.
https://www.atf.gov/firearms/firearms-guide-identification-firearms-section-5

marble falls

(56,996 posts)
21. Check this out. How the Manufacturers get around a short barreled rifle ...
Tue Oct 5, 2021, 06:22 PM
Oct 2021
https://www.americanfirearms.org/best-ar-15-pistols/



Just call them pistols. I understand the gun is basically a std AR-15 receiver with an 11-1/2" barrel.

Jim__

(14,059 posts)
2. A little bit on Wisconsin gun laws for minors.
Tue Oct 5, 2021, 04:34 PM
Oct 2021

From Cap Times:

Wisconsin gun laws prohibit children from possessing firearms, with few exceptions. And adults who leave firearms easily accessible to children could face jail time. Highlights include:

  • Allowing a child younger than 14 access to a firearm without permission of a parent or guardian is a misdemeanor if the child uses that gun to harm anyone or to show it off in a public place, unless that gun was safely stored.
  • Firearm retailers are required to provide each buyer with a written statement warning that if they leave a loaded firearm within reach of a child they could be fined or imprisoned.
  • Possession of a gun by anyone under 18 is a misdemeanor, unless that gun is being used for target practice, hunting or the child is a member of the armed forces.
  • No one under the age of 12 is allowed to hunt with a gun.
  • Giving, loaning or selling a dangerous weapon to someone under 18 is a felony and carries a sentence of up to 3½ years in prison and a $10,000 fine unless the firearm is used for target practice or hunting. If that gun is used in a homicide or suicide, the person can be charged with a felony carrying up to six years in prison and a $10,000 fine.
    ...

localroger

(3,620 posts)
20. He's solidly guilty on the misdemeanor weapons charge
Tue Oct 5, 2021, 05:57 PM
Oct 2021

There are numerous pictures of him with the gun and as Jim posted he's not allowed to have any model of gun at all unless he's doing target practice, hunting, or in the military. Whoever gave him the gun is solidly guilty of a felony but that may be more complicated since he was given the gun in another state and brought it across the state line -- which may be another legal problem for him.

groundloop

(11,513 posts)
22. In a sick kind of way you could say that he was hunting......
Tue Oct 5, 2021, 06:29 PM
Oct 2021

The sick motherfucker was hunting people.

MyOwnPeace

(16,917 posts)
5. Really? How F'ed is this country......
Tue Oct 5, 2021, 05:01 PM
Oct 2021

when you have an idiot 17 yr. old marching down the street with a military weapon, kills 2 people because they were 'protesting' - and gets millions of dollars donated to defend his sick ass?

Yeah, I know - the kind of country that would even consider having something like IQ45 be the president......

 

CrackityJones75

(2,403 posts)
9. This is the kind of country
Tue Oct 5, 2021, 05:16 PM
Oct 2021

This is the kind of country that routinely watches scores of elementary children get mowed down by nutjobs with guns and fails to do one god damned thing to stop it. We are WAY WAY WAY beyond fucked up.

C Moon

(12,208 posts)
8. I'm sure Rittenhouse will be in the news again in a year or two.
Tue Oct 5, 2021, 05:12 PM
Oct 2021

He's a murderer being told what he did was just fine.

Botany

(70,442 posts)
11. Very soon nobody will ever hear the name Kyle Rittenhouse again except @ his trial, when he ....
Tue Oct 5, 2021, 05:25 PM
Oct 2021

... is sentenced to life w/out parole and is taken from the court room in chains, and when he dies, commits suicide,
or is murdered in prison.

Ford_Prefect

(7,868 posts)
12. How do they charge the straw man buyer without charging Rittenhouse???
Tue Oct 5, 2021, 05:30 PM
Oct 2021
*Giving, loaning or selling a dangerous weapon to someone under 18 is a felony and carries a sentence of up to 3½ years in prison and a $10,000 fine unless the firearm is used for target practice or hunting. If that gun is used in a homicide or suicide, the person can be charged with a felony carrying up to six years in prison and a $10,000 fine.


Rittenhouse Provoked the people he shot into engaging with him while he was armed with an ILLEGAL FIREARM. He challenged them and threatened them with his weapon like he was playing a video game.

Possession of a gun by anyone under 18 is a misdemeanor, unless that gun is being used for target practice, hunting or the child is a member of the armed forces.

onethatcares

(16,161 posts)
15. apparantly he thought
Tue Oct 5, 2021, 05:38 PM
Oct 2021

he met the requirements.


Possession of a gun by anyone under 18 is a misdemeanor, unless that gun is being used for target practice, hunting or the child is a member of the armed forces.

Gaud dammmintt, I'm so sick and fucking tired of this shit

jaxexpat

(6,795 posts)
16. Since he was a minor at the time of his crime..........
Tue Oct 5, 2021, 05:45 PM
Oct 2021

he should be sentenced to house arrest in the Hamptons and forced to memorize poems by Robert Frost until he can pass a basic humanity test or his testicles implode.

Progressive Jones

(6,011 posts)
26. LOL ! This kid isn't from a classy enough background to get a job shining shoes in the Hamptons.
Tue Oct 5, 2021, 07:33 PM
Oct 2021

The IL/WI Stateline area he's from has a large redneck/trashy element.

Codifer

(541 posts)
25. I, too, am so done with this shit.
Tue Oct 5, 2021, 07:07 PM
Oct 2021

This little wanna be is an evil piece of crap and should be sentenced to life without parole. May I suggest Ryker's Island or Pelican Bay. He should be kept apart from any contact with the aryan brotherhood (grad school for terrorists) but not in solitary confinement. Put his abetting mommy in the same cell (also for life), after all, she raised this freaking monster.

I apologize for language, the last twenty years have taken their toll.

Edit to add: My opinion is that no-one owns an assault rifle unless they intend to use it to murder people. This kid dreamed about it. His mommy helped him to do it. Fuck them both.

Latest Discussions»General Discussion»Judge refuses to toss wea...