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Rittenhouse Trial: Jury Instructions on Gun Charge? A Gun Conviction Looks Unlikely
AmmoLand ^ | November 14, 2021 | Dean Weingarten

Posted on 11/16/2021 4:51:49 AM PST by marktwain

UPDATE 11/15/2021 11:30 EST:

After an hour of discussion of jury instructions on the morning of November 15, 2021, Judge Bruce Schroeder responded to a motion to Dismiss the weapons possession charge, charge number six, by the defense.

Judge Schroeder allowed the prosecutors an opportunity to measure the rifle which had been possessed by Kyle Rittenhouse. Given the opportunity, they did not measure it but agreed the rifle was of legal length and was not a short-barreled rifle under the law.

Judge Schroeder then dismissed the weapons charge, as the possession of an ordinary rifle by the defendant (Kyle Rittenhouse) was not prohibited by Wisconsin law.

U.S.A.-(AmmoLand.com)-

Early in the course of the prosecution of Kyle Rittenhouse in Kenosha, Wisconsin, the prosecution decided to charge Rittenhouse with possession of a dangerous weapon by a person under the age of 18, Wisconsin statute 948.60.

Several commentators immediately noted the prosecution was misapplying the law. By the letter of the law, Rittenhouse fell under the exception in 948.60  3(c). From the statute:

(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. 29.304and 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.

Statute 941.28 applies to short-barreled rifles and shotguns.

(Excerpt) Read more at ammoland.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: banglist; gun; kenosha; moreoldnews; rittenhouse
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Judge Schroeder dismissed the charge because he followed the law.
1 posted on 11/16/2021 4:51:49 AM PST by marktwain
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To: marktwain

The prosecutor suggestioing you need to “take your beating” was insane.

The first most obvious question to me is: how the hell is one supposed to know, when deciding to take a beating rather than use deadly force to protect oneself, that the beating won’t result in serious bodily harm or death? Because, yo, people are often beaten to the point of serious bodily harm or death….so…maybe he’s the worst fricking prosecutor on the planet.

It’s an incredibly dumb argument...though given the fact that the jury is mostly women, they may not know how absurd the argument is, most having never been in the position of having a physical confrontation.

Literally EVERY time I’ve re-watched the Rittenhouse video and I see him hit the ground as people are running at him to surround and beat him with things, I tense up KNOWING that he could not be in a more vulnerable position. He’s ONLY alive today because the guy that kicked him in the head mostly missed, and Huber swung a skateboard like a pussy. Had either of those two connected he’d have been at least disoriented if not unconscious, and they’d have beaten him to death...if Gaige didn’t shoot him first.

But keep in mind, this is literally the SAME argument activists have been using towards LEOS this whole time. Since they have a gun, they do not have a ight to use it against a person without a gun, regardless of how violent they become, or if they are attempting to take the gun away. They must throw hands with a suspect to make it fair...or something. The fact that prosecutors are using it here tells you they are more activist than they are traditionally on the side of law and order.


2 posted on 11/16/2021 4:56:52 AM PST by TigerClaws
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To: marktwain

That charge, which should never have been filed, confirms the incompetence of the DA’s involved.


3 posted on 11/16/2021 4:58:01 AM PST by Michael.SF. (Never do anything illegal, when you are doing something illegal. )
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To: TigerClaws

I’ve said for a while that I carry in part because I’m too old to take a beating and too young to die.

This prosecutor should be in prison for this attempt at a political show trial.


4 posted on 11/16/2021 4:59:02 AM PST by FreedomPoster (Islam delenda est)
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To: TigerClaws

The prosecution will take a beating in law journals for decades to come.


5 posted on 11/16/2021 4:59:19 AM PST by Fighting Irish ("I prefer the tumult of liberty to the quiet of servitude." Thomas Jefferson)
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To: FreedomPoster; All

DOJ orchestrated all this.

They had high res footage but turned over low res that led to the ‘hocus pocus out of focus’ image that’s the crux of the protection at this point.

So likely high res FBI drones were over every city with riots that year. Where is the footage?

Thousands of crimes on video and no prosecutions.

Why?


6 posted on 11/16/2021 5:00:54 AM PST by TigerClaws
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To: marktwain

The firearms charge was thrown out yesterday by the judge because the prosecution could not show that any law was broken.


7 posted on 11/16/2021 5:02:13 AM PST by MtnClimber (For photos of Colorado scenery and wildlife, click on my screen name for my FR home page.)
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To: TigerClaws

People in the FBI need to be criminally charged for withholding evidence and for destroying evidence.


8 posted on 11/16/2021 5:15:56 AM PST by coloradan (They're not the mainstream media, they're the gaslight media. It's what they do. )
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To: Michael.SF.

“That charge, which should never have been filed, confirms the incompetence of the DA’s involved.”

That and the fact that the moron DA with the glasses was waving an AR around the courtroom yesterday.

He is quickly becoming the story and I certainly hope his superiors take disciplinary action on him.


9 posted on 11/16/2021 5:18:22 AM PST by V_TWIN
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To: marktwain

THIS is why the passengers, who watched and taped a women being raped by a naked illegal alien for 40 minutes on the SEPTA train in Philly, did nothing to help her. If anyone had tried to help her THEY would be in jail and tried and the illegal would have been set free to rape again. The criminal goes free in today’s world and anyone who steps in and tries to help is put in jail, tried and sentenced and broke trying to defend themselves.

According to the libs you are not allowed to defend yourself or help others. Criminals have all the rights in todays world.


10 posted on 11/16/2021 5:22:59 AM PST by Singermom
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To: marktwain

no one wants to take a beating... no one.

i would love to see the jury exiting the door with a verdict before the last juror goes in to give his... passing each other in the doorway...

what a waste of time and dignity.


11 posted on 11/16/2021 5:27:12 AM PST by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world or something )
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To: V_TWIN

I’m pretty sure he’s the elected DA and his superiors are the voters.

This is why downballot races are important.


12 posted on 11/16/2021 5:27:15 AM PST by FreedomPoster (Islam delenda est)
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To: Singermom
The "Progressives" today consider the criminals to be heroes.

The prosecutor in the Kyle Rittenhouse case actually called the people who attacked him "brave" and "heroes".

Of course, that is irrelevant to the case.

What they thought is irrelevant.

It says a great deal the prosecution is relying on the portrayal of the attackers as "heroes".

13 posted on 11/16/2021 5:29:26 AM PST by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries. )
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To: marktwain

“Judge Schroeder dismissed the charge because he followed the law.”

He should have dismissed his entire case with prejudice and sanctioned the Prosecution days ago.

L


14 posted on 11/16/2021 5:30:19 AM PST by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: marktwain
Judge Schroeder allowed the prosecutors an opportunity to measure the rifle which had been possessed by Kyle Rittenhouse. Given the opportunity, they did not measure it but agreed the rifle was of legal length and was not a short-barreled rifle under the law.

Which means they already knew it was legal.

15 posted on 11/16/2021 5:42:37 AM PST by Pollard (PureBlood -- youtube.com/watch?v=VXm0fkDituE)
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To: marktwain

I only watched a little of the testimony, but I recall clearly that, in open court and in real time, Kyle corrected the Prosectuion at least 3 times on his statements regarding gun law.

In an honest and legal system, that alone ought to have disqualified the Prosecutor

The Prosecutor is completely incompetent... and this whole thing is a stupid show trial


16 posted on 11/16/2021 5:44:58 AM PST by SMARTY (Republics decline into democracies & democracies degenerate into despotisms. Aristotle)
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To: FreedomPoster

+1 on everything you just said!


17 posted on 11/16/2021 5:48:12 AM PST by telescope115 (Proud member of the ANTIFAuci movement. )
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To: Pollard

It was funny how Binger did that. First it was a BIG gun, and then he tried to apply the law concerning “short barrelled rifles”.

He was all over the place with contradicting himself on stuff.


18 posted on 11/16/2021 5:49:37 AM PST by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: FreedomPoster

“Thomas Binger biography:

He’s a graduate of Michigan Law School

He worked as a prosecutor in Milwaukee County for six years, starting in 1999

He was in private practice in Racine County before coming to Kenosha County”

15 DAS in Kenosha County and this is the best they got? Sheesh

https://www.jsonline.com/story/news/local/wisconsin/2021/11/11/thomas-binger-lead-prosecutor-kyle-rittenhouse-trial-kenosha-wisconsin-judge-yells-at-assistant-da/6387009001/


19 posted on 11/16/2021 5:50:54 AM PST by V_TWIN
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To: TigerClaws

Great point/s.


20 posted on 11/16/2021 5:52:07 AM PST by Jane Long (What we were told was a “conspiracy theory” in 2020 is now fact. 🙏🏻 Ps 33:12 )
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