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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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To: Michael.SF.

Binger said that Kyle was guilty because he plays “Call of Duty” where the goal there is to kill everybody with his AR.


21 posted on 11/16/2021 5:56:40 AM PST by Pilgrim's Progress (http://www.baptistbiblebelievers.com/BYTOPICS/tabid/335/Default.aspx D)
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To: SMARTY
The Prosecutor is completely incompetent... and this whole thing is a stupid show trial

I don't think he's incompetent, I think he's dishonest and crooked. He's everything that is wrong with lawyers. He cares nothing about the truth; nothing about the facts; and the ends justify the means.

In this case, from what I saw in closing arguments from the Kyle's counsel, the prosecution offered a last minute video, doctored to show something that never happened. The prosecutor should be brought up on criminal charges for that. (Had something to do with the drone footage showing something that would have indicated that the AR-15 was in Kyle's left hand, when in fact it is a right-handed rifle, whereby the spent cartridge would eject into the shooters face if used on the left side)

22 posted on 11/16/2021 5:59:18 AM PST by Go Gordon
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To: TigerClaws

Ever hear of the phrase “don’t bring a knife to a gun fight”?

Well Binger would disagree. He’d say Never bring a gun to a knife fight.


23 posted on 11/16/2021 6:01:48 AM PST by for-q-clinton (Cancel Culture IS fascism...Let's start calling it that!)
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To: Lurker
No way in he** was the judge going to make a ruling in this case. If he had, he would have been held responsible for the ensuing riots, and would have been labeled a racist. The trial had to go thru the jury.

Face it, this country's justice system is flat broken and cannot be repaired. Too many prosecutors like these, The law is for leftists and liberals.

If gage had killed kyle, He would be free today and elevated to hero for stopping a threat. They would have had a statue made for him.

The MSM are nothing more or less than paid agitators. SMDH and continue to pray

24 posted on 11/16/2021 6:03:33 AM PST by Ikeon (I beg your pardon, I never promised you a rose garden..)
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To: Michael.SF.
“That charge, which should never have been filed, confirms the incompetence of the DA's involved.”

I strongly disagree with your statement concerning incompetence.

The DAs are corrupt. That is a more likely explanation. And far more dangerous to the public.

25 posted on 11/16/2021 6:17:16 AM PST by jeffersondem
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To: marktwain

Gun charge was dismissed because the Prosecutor never presented any evidence as to the actual barrel length. Since there was no evidence, the charge was never sent to the Jury.


26 posted on 11/16/2021 6:21:38 AM PST by PIF (They came for me and mine ... now its your turn)
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To: FreedomPoster; All
I’m pretty sure he’s the elected DA and his superiors are the voters.

No. Binger lost the election he tried for, but is a hired Assistant District Attorney in the office.

Gravelly is the DA. He handed the case to Binger to "persecute" (prosecute), probably to keep his hands "clean" while getting the result he wanted.

Binger has been reported to be the furthest Left ADA in the prosecutor's office.

27 posted on 11/16/2021 6:27:09 AM PST by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries. )
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To: SMARTY; All
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.

Yes. One of the things the Jury will have knowledge of, as they consider the case, is a 17-Year-Old had a better understanding of Wisconsin weapons law than the prosecutor who was questioning him.

28 posted on 11/16/2021 6:29:16 AM PST by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries. )
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To: Michael.SF.

I don’t think it’s incompetence so much, but rather a DA that’s so driven by his radical ideology who knew he had propaganda ministry (ie the media) backing and thought public opinion was on his side.


29 posted on 11/16/2021 6:31:55 AM PST by Smellin Salt
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To: Go Gordon

For sure the prosecutor has been paid


30 posted on 11/16/2021 6:32:54 AM PST by SMARTY (Republics decline into democracies & democracies degenerate into despotisms. Aristotle)
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To: PIF; All
Gun charge was dismissed because the Prosecutor never presented any evidence as to the actual barrel length. Since there was no evidence, the charge was never sent to the Jury.

The rifle was in the Court. Judge Schroeder, tired of all the nonsense, gave the Prosecutors the opportunity to measure the rifle barrel.

The prosecutors immediately stipulated the rifle was of legal length.

That shows how corrupt the prosecution was. They knew the rifle was legal. They insisted on keeping the charge, even though they knew.

31 posted on 11/16/2021 6:34:07 AM PST by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries. )
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To: Singermom

This has been coming for a long time. I think the term anarcho-tyranny was coined in the 1990s.


32 posted on 11/16/2021 8:07:42 AM PST by FreedomPoster (Islam delenda est)
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To: marktwain

I stand corrected.

Then Gravelly needs to be voted out, if not prosecuted for allowing this travesty to go on over his supervision.


33 posted on 11/16/2021 8:11:59 AM PST by FreedomPoster (Islam delenda est)
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To: Lurker
No way in he** was the judge going to make a ruling in this case. If he had, he would have been held responsible for the ensuing riots, and would have been labeled a racist. The trial had to go thru the jury.

Face it, this country's justice system is flat broken and cannot be repaired. Too many prosecutors like these, The law is for leftists and liberals.

If gage had killed kyle, He would be free today and elevated to hero for stopping a threat. They would have had a statue made for him.

The MSM are nothing more or less than paid agitators. SMDH and continue to pray

34 posted on 11/16/2021 10:18:33 AM PST by Ikeon (I beg your pardon, I never promised you a rose garden..)
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