General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsRittenhouses lawyer calls Don Jr. an idiot
Link to tweet
Tommy Carcetti
(44,494 posts)
keithbvadu2
(40,915 posts)
Prof. Toru Tanaka
(2,925 posts)DADDY, I'll do ANYTHING to stay in your will!
smb
(3,598 posts)
Diamond_Dog
(40,527 posts)doc03
(39,078 posts)AR 15 he used. Trumpers will pay thousands to have that gun.
hamil
(8 posts)if his buddy that bought the gun wouldn't give it to him. After all, the purchaser still legally owns the gun.
Kaleva
(40,352 posts)Not an illegal purchase but the friend is being charged because it IS illegal to give a gun to someone underage. Black is being charged with 2 counts of giving a dangerous weapon to someone under 18 that resulted in death.
DallasNE
(8,004 posts)He dismissed the underage charge against Rittenhouse because there is a 2nd law that allows a 17 year old to be gifted a gun. Not sure about across state lines. And it might be an end run around this being an illegal straw purchase. Also, if the friend is receiving the purchase price of the gun then he is technically not giving the gun to Rittenhouse. He is making a straw purchase for Rittenhouse. Then what if his mom gave him the money for the purchase....
Heartstrings
(7,349 posts)The firearm was purchased in Ladysmith, WI by Rittenhouses friend Dominick Black. Black dated Rittenhouses sister at some point which is how they knew each other. The Blacks own property up in the Ladysmith area, and the firearm was used by Rittenhouse for Target practice there. Because it is illegal in WI for Rittenhouse to own a handgun, he chose a much cooler gun! Apparently, Rittenhouse stated he paid for the gun with an IL UC payment after being furloughed (covid) from the YMCA. That Unemployment payment, per Rittenhouse, was $1,200. which sounds more like a stimulus check imo. Firearm was kept in a gun safe at Dominick Blacks stepfathers house in Kenosha. It never left the state of WI. Rittenhouse drove himself to Kenosha, WI from Antioch, IL (app 20 miles SE of Kenosha) with no valid drivers license. He picked up the gun and Ammo at Dominick Blacks stepfathers house and proceeded to the lakefront/Sheridan Road/58th Street downtown areas of Kenosha. Dominick has stated he felt uneasy giving Rittenhouse the firearm as he was too inexperienced with the gun, and too young. But if he hadnt given Rittenhouse the firearm, he claimed Rittenhouse would have thrown a fit.
I think we all know the rest of the events that took place. (Some of these details were given to me by friends in Kenosha. I lived there 12 years, both my children were born there. Still keep in contact with friends, one of whom heard the gunshots that killed Joseph Rosenbaum from her apartment)
Dominick Black was the 1st person to testify at the trial and he is facing many years in prison for purchasing the gun. Not ever going to say what he did was right, it was illegal and wrong but its really gonna suck if Black serves time and the BOY who took 2 lives walks free.
Oh, and Jr is a moron.
Meowmee
(9,212 posts)After the murders. Where he surrendered it to police. Black was with him so KR can not apparently be charged with a federal crime for transporting a gun he could not legally own across state lines. He somehow also escaped any charges for driving without a valid drivers license when he drove to Wisconsin.
white cloud
(2,567 posts)a straw purchase? Which would make it illegal for both parties?
DallasNE
(8,004 posts)Came from Rittenhouse. Also, I don't believe a resident of Illinois can legally purchase a gun in Wisconsin. Could Rittenhouse face gun charges in Illinois? They have different laws than Wisconsin so unless Illinois has a law similar to Wisconsin that allows someone to be gifted a gun he would be a minor in possession - he turned the gun in to Illinois authorities.
But Rittenhouse wasn't arrested right away so he had a chance to talk to lawyers and create this scenario that allowed him to be just inside the law with all of his moves, being the clever fellow that he was. I think Rittenhouse's alibi was highly coached during this grace period.
Response to white cloud (Reply #16)
DallasNE This message was self-deleted by its author.
NickB79
(20,335 posts)Through his friend, since Kyle wasn't old enough to legally buy it.
That's the textbook definition of a straw purchase.
https://www.nbcnews.com/news/us-news/kyle-rittenhouse-says-he-used-coronavirus-stimulus-check-buy-ar-n1248290
Hassin Bin Sober
(27,458 posts)I know the laws for straw purchases weigh in more heavily on the buyer of record but this still looks like a conspiracy to commit a crime. In other words: obstruct one of its lawful governmental functions by deceit, craft or trickery, or at least by means that are dishonest or obstruct one of its lawful governmental functions by deceit, craft or trickery, or at least by means that are dishonest
https://www.justice.gov/archives/jm/criminal-resource-manual-923-18-usc-371-conspiracy-defraud-us
The general conspiracy statute, 18 U.S.C. § 371, creates an offense "f two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose. (emphasis added). See Project, Tenth Annual Survey of White Collar Crime, 32 Am. Crim. L. Rev. 137, 379-406 (1995)(generally discussing § 371).
The operative language is the so-called "defraud clause," that prohibits conspiracies to defraud the United States. This clause creates a separate offense from the "offense clause" in Section 371. Both offenses require the traditional elements of Section 371 conspiracy, including an illegal agreement, criminal intent, and proof of an overt act.
Although this language is very broad, cases rely heavily on the definition of "defraud" provided by the Supreme Court in two early cases, Hass v. Henkel, 216 U.S. 462 (1910), and Hammerschmidt v. United States, 265 U.S. 182 (1924). In Hass the Court stated:
The statute is broad enough in its terms to include any conspiracy for the purpose of impairing, obstructing or defeating the lawful function of any department of government . . . (A)ny conspiracy which is calculated to obstruct or impair its efficiency and destroy the value of its operation and reports as fair, impartial and reasonably accurate, would be to defraud the United States by depriving it of its lawful right and duty of promulgating or diffusing the information so officially acquired in the way and at the time required by law or departmental regulation.
Hass, 216 U.S. at 479-480. In Hammerschmidt, Chief Justice Taft, defined "defraud" as follows:
To conspire to defraud the United States means primarily to cheat the Government out of property or money, but it also means to interfere with or obstruct one of its lawful governmental functions by deceit, craft or trickery, or at least by means that are dishonest. It is not necessary that the Government shall be subjected to property or pecuniary loss by the fraud, but only that its legitimate official action and purpose shall be defeated by misrepresentation, chicane or the overreaching of those charged with carrying out the governmental intention.
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DetroitLegalBeagle
(2,502 posts)Besides the fact that junior is an idiot, from what I have heard, Richards is actually a Dem politically.
keithbvadu2
(40,915 posts)Just imagine an AR-15 product endorsement by KR.
Would Colt like that publicity?
https://www.google.com/search?client=firefox-b-1-d&q=who+makes+ar-15
keithbvadu2
(40,915 posts)AR-15 (style) rifle... The preferred weapon for killing schoolchildren.
oldsoftie
(13,538 posts)lame54
(39,726 posts)But it's not going to happen
He's going to embrace the celebrity
marble falls
(71,887 posts)yardwork
(69,352 posts)Blue Owl
(59,040 posts)white cloud
(2,567 posts)he would supply Kyle with a lifetime of ammo for his AR15.