Quote from: Killer Clouds on September 14, 2020, 06:07:04 PM
He is on this subject. He's completely WRONG! Kyle Rittenhouse was illegally open carrying a borrowed firearm in Wisconsin. Kyle Rittenhouse, being a resident of Illinois, cannot legally own a firearm. Billy is full of shit on this one.

Does U.S. Code Section 10 - Title 246 come into play?

Quote from: taxed on September 14, 2020, 06:11:08 PM
Does U.S. Code Section 10 - Title 246 come into play?

Not in this case it doesn't. 

Quote from: Killer Clouds on September 14, 2020, 06:19:49 PM
Not in this case it doesn't.

Why?

Quote from: taxed on September 14, 2020, 06:26:51 PM
Why?

Why would it? Rittenhouse was not part of a militia AND Wisconsin state law prohibits a minor from open carrying a firearm. Rittenhouse committed a crime and the friend that loaned him the firearm also committed a crime.

Quote from: Killer Clouds on September 14, 2020, 06:07:04 PM
He is on this subject. He's completely WRONG! Kyle Rittenhouse was illegally open carrying a borrowed firearm in Wisconsin. Kyle Rittenhouse, being a resident of Illinois, cannot legally own a firearm. Billy is full of shit on this one.

How does asking you for stautory PROOF of your claim constitute being full of shit? Or worse brand me a Liar?

Since you are playing shithouse lawyer the "Proof" I asked for is some blurb on a Law firm site that merely states one must be 18 to legally open carry a firearm really doesnt qualify because the Statute or codified law is not quoted verbatim. SO we have no way of knowing what the full statute prohibiting minors from "open carry" says in detail or any EXCEPTIONS or expemptions to the law such as carry on private property or hunting shooting range etc. And the wording of that law if any is going to be picked apart by Lawyers

None the less I will concede your point that in Wisconsin him being a minor openly carrying a firearm was not legal and does constitute a crime.  Now before you get all full of yourself understand that every state has different laws concerning carrying openly, concealed & minors in possession of firearms etc etc.

And last but not least HE IS NOT A CRIMINAL until proven guilty in a court of law.....remember the concept of innocent until proven guilty

Quote from: Killer Clouds on September 14, 2020, 06:35:26 PM
Why would it? Rittenhouse was not part of a militia AND Wisconsin state law prohibits a minor from open carrying a firearm. Rittenhouse committed a crime and the friend that loaned him the firearm also committed a crime.

That statute says everyone 17 and over is part of the militia.

Quote from: Killer Clouds on September 14, 2020, 06:19:49 PM
Not in this case it doesn't.

It's a misdemeanor. I'd bet money he walks, regardless. Both statutes are from Wisconsin law.

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)

https://docs.legis.wisconsin.gov/statutes/statutes/948/55

Then there's the self defense issue.

939.48  Self-defense and defense of others.
939.48939.48  Self-defense and defense of others.
(1)  A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person. The actor may intentionally use only such force or threat thereof as the actor reasonably believes is necessary to prevent or terminate the interference. The actor may not intentionally use force which is intended or likely to cause death or great bodily harm unless the actor reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself.

https://docs.legis.wisconsin.gov/statutes/statutes/939/III/48

Quote from: Killer Clouds on September 14, 2020, 05:31:29 PM
https://www.bucherlawgroup.com/milwaukee-county-lawyer/open-carry-laws-in-wisconsin-what-you-should-know
Open carryEdit

Open carry is legal anywhere concealed carry is legal. It is legal for all adults unless they are prohibited from possession of firearms. Wisconsin state law 948.60(2)(a) states: "Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor." However, the exception is: "when the dangerous weapon is being used in target practice under the supervision of an adult or in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult." [8] Wisconsin statute 948.60(3)(c) states: "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."[9] Statute 29.304(3)(b) states: "Restrictions on possession or control of a firearm. No person 14 years of age or older but under 16 years of age may have in his or her possession or control any firearm" with added exceptions listed.[10] Children over 12 and under 16 are allowed to use rifles and shotguns under very limited, supervised situations.[11] A license for adults is not required unless in a taxpayer-owned building or within 1000 feet of school property and not on private property.[12]

In the past, some jurisdictions have tried to prosecute open-carry by equating the open carry of handguns with disorderly conduct. On April 20, 2009 the Wisconsin Attorney General's office released a memorandum to all law enforcement agencies stating that mere open carry of a firearm was not disorderly conduct, and instructed both law enforcement and the district attorneys to cease this practice.

In 2011 a subsection was added to the Disorderly Conduct statute (947.01 [13]) reading "Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, a person is not in violation of, and may not be charged with a violation of, this section for loading, carrying, or going armed with a firearm, without regard to whether the firearm is loaded or is concealed or openly carried." This codified open carry, ending any debate as to its legality.

Loading, or having a loaded, uncased handgun inside a vehicle was legalized beginning November 1, 2011.[14] The firearm must not be "hidden from ordinary observation" while inside the vehicle unless the citizen has a license.[15] However, the Wisconsin Supreme Court ruled that a license is required to have a concealed loaded handgun within reach in a vehicle, regardless of the Safe Transport Statue removing restrictions on transporting loaded handguns.[

Eat shit Billy! A minor cannot open carry or conceal carry a firearm in public.
Rittenhouse is a resident of Illinois.  He didn't own the firearm he used. If he owned it he did so illegally. That opens another can of worms.
https://gun.laws.com/state-gun-laws/illinois-gun-laws

What about this?:

https://gunsinthenews.com/kyle-rittenhouse-are-people-under-the-age-of-18-forbidden-from-open-carry-in-wi/

Quote from: Killer Clouds on September 14, 2020, 05:05:32 PM
Yes he was carrying it illegally. IT WAS A BORROWED WEAPON! HE'S A MINOR. HE'S ONLY 17YO! ILLEGAL! What don't you understand? He wasn't defending his own property. The kid is a criminal.

The right to keep and bear arms shall not be infringed. Whats not to understand?

Quote from: taxed on September 14, 2020, 06:51:56 PM
What about this?:

https://gunsinthenews.com/kyle-rittenhouse-are-people-under-the-age-of-18-forbidden-from-open-carry-in-wi/

Hmm...  I think we may have a prosecutor get his ass kick all the way out of office by a dam good defense attorney.

Quote from: taxed on September 14, 2020, 06:51:56 PM
What about this?:

https://gunsinthenews.com/kyle-rittenhouse-are-people-under-the-age-of-18-forbidden-from-open-carry-in-wi/

That was my point above, it wasn't illegal, if anything a misdemeanor. They will have a really hard time making a murder charge stick in what is clearly a self defense issue.
I have a feeling the DA will attempt a plea on 2nd degree, but he has some excellent lawyers who won't stand for it and shouldn't.
As T said, it's a Second Amendment issue, we can't give ground!

Quote from: walkstall on September 14, 2020, 07:15:31 PM

Hmm...  I think we may have a prosecutor get his ass kick all the way out of office by a dam good defense attorney.

That's what it's looking like to me so far...

Quote from: T Hunt on September 14, 2020, 07:00:33 PM
The right to keep and bear arms shall not be infringed. Whats not to understand?

He is a minor. He broke the law. He is 17yo. He is a criminal.  Facts are still facts.
I understand the 2nd amendment. The 2nd amendment has been infringed upon by every state in the union and the federal government itself. Why does anyone need permission to buy and own any firearm or ammo? Why does anyone need permission to carry a firearm open or concealed? The reason is because the law says so. The 2nd amendment does not negate the fact that Rittenhouse broke the law. The person that loaned him the firearm broke the law. If as you say Rittenhouse owned the firearm, and he didn't, he owned it illegally and committed a felony in his home state of Illinois. Your wrong again and can't prove me wrong.

Quote from: Solar on September 14, 2020, 07:18:51 PM
That was my point above, it wasn't illegal, if anything a misdemeanor. They will have a really hard time making a murder charge stick in what is clearly a self defense issue.
I have a feeling the DA will attempt a plea on 2nd degree, but he has some excellent lawyers who won't stand for it and shouldn't.
As T said, it's a Second Amendment issue, we can't give ground!

It seems it's not even a misdemeanor...  he's completely in the clear.

Quote from: Killer Clouds on September 14, 2020, 07:22:48 PM
He is a minor. He broke the law. He is 17yo. He is a criminal.  Facts are still facts.
I understand the 2nd amendment. The 2nd amendment has been infringed upon by every state in the union and the federal government itself. Why does anyone need permission to buy and own any firearm or ammo? Why does anyone need permission to carry a firearm open or concealed? The reason is because the law says so. The 2nd amendment does negate the fact that Rittenhouse broke the law. The person that loaned him the firearm broke the law. If as you say Rittenhouse owned the firearm, and he didn't, he owned it illegally and committed a felony in his home state of Illinois. Your wrong again and can't prove me wrong.

What statue did he break?  Specifically?