3 ms·
Typical IANAL: W.r.t the Kenosha shooter. 1. He was 17. It was illegal for him to possess that rifle. In his home state you have to be 21, in Wisconsin you h
by GaryNumanVevo 6y ago
Typical IANAL:
W.r.t the Kenosha shooter.
1. He was 17. It was illegal for him to possess that rifle. In his home state you have to be 21, in Wisconsin you have to be 18. This was crime 1
2. Crossing the State line with an illegally possessed weapon is a pretty big deal and a big fat #2 on crime list
3. Wisconsin totally allows for the use of deadly force in self defense, but the caveat is that you can't be committing a crime by possessing that rifle.
4. Wisconsin has a Castle Doctrine, but you can only deadly force if the perpetrators are in your dwelling or place of business. For a place of business, you have to owner be in charge of operations of said business. You can't just post up to protect a random business, also you can't chase people if they decide to retreat like this 17yo did. Wisconsin V. Charles L Chew is the case law if you want to have a look.
5. It is not self defense when you get in a car with a rifle and drive 15 miles to another town and walk the streets with a rifle.
He had every option to stay home, but he chose to get involved in this situation with the plan to be involved with the confrontation (hence the rifle). Also in Wisconsin self defense law, you can't be the instigator and claim self defense. He became the instigator once he pursued.
6. Wearing gloves but no mask is also gonna be hard to explain. He is not concerned about covid-19 infection because his respiratory system is exposed. The blue gloves were on to hide fingerprints and any gun powder residue often used to convict shooters. He had intent to murder.
No lawyer can defend these blatantly dumb mistakes. This wanna be future cop probably can't pass a psychological test to become one.
Wisconsin 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.
(b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a person under 18 years of age is guilty of a Class I felony.
(c) Whoever violates par. (b) is guilty of a Class H felony if the person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.
(d) A person under 17 years of age who has violated this subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183
- benmmurphy 6y agoSection 3 of 948.60 means that 948.60 does not apply to him because he is in possession of a long barrelled rifle. More information here: https://threadreaderapp.com/thread/1299046068089430018.html https://threadreaderapp.com/thread/1299046068089430018.html A lot of people have come out and confidently said he was in possession of an illegal rifle. But I have a feeling none of them have actually read the statute.
- GaryNumanVevo 6y agoAh my mistake, you're right. It was illegal for him to own a long barrelled rifle in his state of residence Illinois [0]. He then drove across state lines into Wisconsin with that illegal firearm. [0] https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+24&ActID=1876&ChapterID=53&SeqStart=68200000&SeqEnd=71400000 https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=0720...
- DuskStar 6y agoDo you have a quote as to what section says people under 18 or 21 cannot own/carry rifles? A search for '18' and '21' came up with a few 'illegal to transfer a weapon that can be concealed to someone under 18' and the like, but also a section saying: > (c) Nothing in paragraph (1) of subsection (a) of this Section prohibits a person under 18 years of age from participating in any lawful recreational activity with a firearm such as, but not limited to, practice shooting at targets upon established public or private target ranges or hunting, trapping, or fishing in accordance with the Wildlife Code or the Fish and Aquatic Life Code. which implies there are at least some situations in which it is legal for a 17 year old to possess and possibly transport a rifle. EDIT: Here's a summary I just found: > Minimum Age to Purchase & Possess in Illinois > Illinois prohibits any person under age 18 from possessing a handgun. State law also prohibits any person from knowingly transferring a handgun to any person under age 18. However, Illinois also prohibits any person from knowingly transferring a firearm to any person who does not hold a FOID card. To obtain a FOID card, an individual must be over 21 years of age or have the written consent of his or her parent or legal guardian to possess and acquire any firearms and ammunition. Further, the parent or legal guardian must not be prohibited from obtaining a FOID card. Persons under age 21 also do not qualify for a FOID card if they have been convicted of a misdemeanor (other than a traffic offense) or adjudged delinquent. from https://www.ichv.org/legislation/illinois-state-gun-laws/ https://www.ichv.org/legislation/illinois-state-gun-laws/ Which says Illinois prohibits minors from owning pistols, but also says if they have the appropriate FOID card then they can own things-other-than-pistols.