Quote:
Originally Posted by spence
You can't carry a firearm in WI at 17 unless you are hunting. A friend gave it to him which could lead to accessory charges. You also can't shoot someone just because they might be about to or are damaging property.
The homicide charges are extremely serious, I don't think a self defense claim is going to fly when you intentionally put yourself in the situation with a weapon. It will be interesting to see if the can conclusively prove what led to the first shooting. Expect his social media activity to get a lot of scrutiny.
His defense should be I'm dumb, immature and listened to too much Trump.
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It's a good thing your not a lawyer..
Gun laws in Wisconsin
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Location of Wisconsin in the United States
Gun laws in Wisconsin regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Wisconsin.
Contents
1 Summary table
2 Constitutional protection
3 Preemption
4 Concealed carry
5 Open carry
6 Castle Doctrine
7 No duty to inform
8 Guns in vehicles
8.1 Boats
8.2 Aircraft
8.3 Exceptions
9 Buying and selling
10 Title II firearms
11 State parks, fish hatcheries, and wildlife refuges
12 Other laws
13 Firearms and minors
14 School zones
15 Additional Wisconsin laws table
16 References
17 External links
Summary table[edit]
Subject/Law Long guns Handguns Relevant Statutes Notes
Constitutional right to bear arms Yes 1:25 "The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose."
State preemption of local restrictions? Yes 66.0409
State permit required to purchase? No No A purchaser is prohibited from receiving a handgun from a FFL dealer until they’ve paid a background check fee and the state DOJ conducts an additional background check (over and above the Federal 4473).
License required for concealed carry? N/A Yes 175.60 Permit is given on a shall-issue basis. Concealed carry of knives (not intended for use as weapons) is legal without a permit.
Campus carry is allowed, but buildings may be exempted if signs forbidding firearms are posted.
License required for open carry? No No 947.01 948.60 66.0409
941.28
29.304
Open carry of loaded handguns and long guns and knives is permitted without a license for adults over 18, or for minors 16 or older when carrying a long gun that doesn't violate WS 941.28.
Owner license required? No No 941.29
Castle Doctrine/Self Defense Statutes Yes 895.62 Immunity from prosecution and civil damages in the home, with conditions and exceptions
939.48 No duty to retreat in the "dwelling" or owned/operated place of business. No deadly force solely to protect property. 3rd party protection. If attack is provoked, self defense may only be used if reasonable belief of imminent death or great bodily harm. If attack is provoked deadly force only allowed if all other reasonable means of avoidance exhausted.
940.01 "the state must prove beyond a reasonable doubt that the facts constituting the defense did not exist in order to sustain a finding of guilt"
Firearm registration? No No
Assault weapon law? No No
Magazine capacity restrictions? No No
NFA weapons restricted? No No 941.298
941.26
Machine guns allowed, but may not shoot pistol cartridges and may not be possessed aggressively or offensively. Suppressors, SBR, and SBS are allowed if NFA rules followed, otherwise felony.
Background checks required for private sales? No
Since it points to wether or not said minor is not in violation of 941.28, which his rifle does not violate, since it is not a short barreled rifle or sawed off shotgun...
941.28 Possession of short-barreled shotgun or short-barreled rifle.
(1) In this section:
(a) “Rifle" means a firearm designed or redesigned, made or remade, and intended to be fired from the shoulder or hip and designed or redesigned and made or remade to use the energy of a propellant in a metallic cartridge to fire through a rifled barrel a single projectile for each pull of the trigger.
(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.
(c) “Short-barreled shotgun" means a shotgun having one or more barrels having a length of less than 18 inches measured from closed breech or bolt face to muzzle or a shotgun having an overall length of less than 26 inches.
(d) “Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder or hip and designed or redesigned and made or remade to use the energy of a propellant in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
(2) No person may sell or offer to sell, transport, purchase, possess or go armed with a short-barreled shotgun or short-barreled rifle.
(3) Any person violating this section is guilty of a Class H felony.
(4) This section does not apply to the sale, purchase, possession, use or transportation of a short-barreled shotgun or short-barreled rifle to or by any armed forces or national guard personnel in line of duty, any peace officer of the United States or of any political subdivision of the United States or any person who has complied with the licensing and registration requirements under 26 USC 5801 to 5872. This section does not apply to the manufacture of short-barreled shotguns or short-barreled rifles for any person or group authorized to possess these weapons. The restriction on transportation contained in this section does not apply to common carriers. This section shall not apply to any firearm that may be lawfully possessed under federal law, or any firearm that could have been lawfully registered at the time of the enactment of the national firearms act of 1968.
(5) Any firearm seized under this section is subject to s. 968.20 (3) and is presumed to be contraband.
History: 1979 c. 115; 2001 a. 109.
The intent in sub. (1) (d) is that of the fabricator; that the gun is incapable of being fired or not intended to be fired by the possessor is immaterial. State v. Johnson, 171 Wis. 2d 175, 491 N.W.2d 110 (Ct. App. 1992).
“Firearm" means a weapon that acts by force of gunpowder to fire a projectile, regardless of whether it is inoperable due to disassembly. State v. Rardon, 185 Wis. 2d 701, 518 N.W.2d 330 (Ct. App. 1994).
Here is a pretty well put together timeline of videos some of which is shot by a reporter or blogger who was there, you will see the Kyle Rittenhouse was not the aggressor, and in fact was targeted and attacked. In the bag that was thrown at him was a brick...
https://youtu.be/NSU9ZvnudFE