Was Rittenhouse’s Possession of the AR-15 Unlawful? | WHAT REALLY HAPPENED X-Frame-Options: SAMEORIGIN

Was Rittenhouse’s Possession of the AR-15 Unlawful?

In covering the motions hearing last week in the trial of Kyle Rittenhouse, I noted a surprising comment from Judge Bruce Schroeder that he had “spent hours” with the Wisconsin gun law and could not state with certainty what it means in this case. The statement could effectively knock out the misdemeanor gun possession count — the one count that could still be in play for the jury after the prosecution’s case on the more serious offense appeared to collapse in court. A close examination of that provision reveals ample reason to question not just its meaning but its application to this case.

The unlawful possession of the gun has been a prominent fact cited not only by the prosecutors but the press.

At trial, however, prosecutor Thomas Binger at points seemed to be learning the governing law from Rittenhouse. For example, he pressed Rittenhouse on why he did not just purchase a handgun rather than an AR-15. Rittenhouse replied he could not possess a hand gun at his age. Binger then asked in apparent disbelief that the law allowed him to have an AR-15 but not a handgun and Rittenhouse said yes. Binger then moved on after seemingly drawing out a point for the defense.

The exchange was all the more baffling because it drew attention to the fact that one of Binger’s alleged “victims” was an adult named Gaige Grosskreutz who also decided to bring a handgun to the protests and pointed his .40 caliber Glock at the head of Rittenhouse when he was shot in the arm.

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