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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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To: Yo-Yo
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.

Why do you claim this? It does not follow from the legislative history.

The age restriction scheme was created in 1984.

The Dangerous Weapons statute was created in 1987 as part of Act 332, applying only to concealable firearms.

948.60 Possession of a dangerous weapon by a child. (1) In this section, "dangerous weapon" means any firearm having a barrel less than 12 inches long; any electric weapon, as defined in s. 941.295 (4); 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 amanrikigusari or similar length of chain having weighted ends

In 1991, the legislature awkwardly grafted on the hunting certificate requirement while hunting and the age restriction limitations while hunting or for possession and use of firearms. The age restriction only applies to people less than 16 years of age. The exception for firearms with a barrel longer then 12 inches was kept, but moved from the definition to an exception in 3(c).

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.

Your argument appears to eliminate the possibility of being in compliance with a law when doing nothing.

It is to argue that everyone in Kenosha, who does not have a Hunter Safety Certificate, is in violation of 29.593. That does not make any sense.

Kyle was not hunting. He cannot be in violation of 29.593, as it only applies if he is hunting.

20 posted on 10/27/2021 7:09:29 AM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries. )
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