Rob Reiner ftw!

[melm00se]

35. let me help here

Rittenhouse’s counsel made a motion that the misdemeanor gun charge be dropped and the judge did that because he held that the law was confusingly and poorly written.

Let’s look at the law as it is written:

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.

Sounds like Rittenhouse was guilty under this part of the statute as the law defines a firearm as a dangerous weapon. Right?

Not so fast there kemo sabe.

Let’s continue thru the statute:

(3) 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

Well, isn’t this more damning???

But wait a second. What’s this?

“if the person is in violation of s. 941.28”

Let’s look at that 941.28 shall we?

941.28 Possession of short-barreled shotgun or short-barreled rifle.
and particularly these two parts

1 (b) “Short-barreled rifle" means a rifle having one or more barrels having a length of less than 16 inches measured from closed breech or bolt face to muzzle or a rifle having an overall length of less than 26 inches.

(2) No person may sell or offer to sell, transport, purchase, possess or go armed with a short-barreled shotgun or short-barreled rifle.

The law says that you have to be in violation of 941.28 and 941.28 discusses the possession of short-barreled rifles and shotguns which are defined as have a barrel 26″.

Now,the judge has to rule on the law as it is written. Looking at the law as written, was Rittenhouse under 17 AND did the weapon in his possession meet the criteria as spelled out in the law?

No.

Ruling otherwise would almost certainly draw an appeal and your ruling would be overturned for failing to comprehend the law as written.