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To: Yo-Yo
Dean argues that rifles and shotguns were never considered "dangerous weapons" under Wisconsin statute, yet here is a statute that states that any firearm, loaded or unloaded, is considered a dangerous weapon, blowing his entire article out of the water.

But you fail to mention, 3(c) which exempt rifles and shotguns from the definition. They were always exempt.

12 posted on 10/27/2021 6:22:20 AM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries. )
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To: marktwain
But you fail to mention, 3(c) which exempt rifles and shotguns from the definition. They were always exempt.

That is the crux of the defense's argument, and your article, but it doesn't apply. As I argued in the previous thread I linked, the legislative intent was to carve out rifles and shotguns only when used in the course of hunting, not carved out entirely for all purposes. Clearly, the definitions in 1) state any firearm loaded or unloaded, so the rifle or shotgun exemption could have been made right there, but was not.

3(c) states:

(c) 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. This section applies only to an adult who transfers a firearm to a person under 18 years of age if the person under 18 years of age is not in compliance with ss. 29.304 and 29.593 or to an adult who is in violation of s. 941.28. (emphasis added for relevancy)

941.28 deals with short barreled shotguns and rifles, and doesn't apply here.

For the exemption to apply, the person under 18 must be in compliance with both 29.304 and 29.593.

29.304 deals with hunting for individuals under 16, so this does not apply to 17 year old Kyle, so he is in compliance with this statute.

29.593 deals with a requirement for taking a hunter safety course before a person can legally hunt. Does 17 year old Kyle possess a Wisconsin Hunter Safety certificate? No. Therefore he is in violation of 29.593 and cannot claim exemption to 948.60, possession of a dangerous weapon by a person under 18.

15 posted on 10/27/2021 6:38:24 AM PDT by Yo-Yo (is the /sarc tag really necessary?)
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