EXPLAINER: Why Did Judge Drop Rittenhouse Gun Charge?

choi

Todd Richmond, EXPLAINER: Why Did Judge Drop Rittenhouse Gun Charge?  Associated Press, Nov 15, 2021.
https://apnews.com/article/why-d ... 1f5c9c9fc5b74e691fb
("Under Wisconsin law, anyone under 18 who possesses a dangerous weapon is guilty of a misdemeanor punishable by up to nine months behind bars. * * * Rittenhouse’s AR-15-style rifle was not short-barreled")

Note:
(a) The Wisconsin statute at issue is found in Chapter 948:

"§ 948.60 Possession of a dangerous weapon by a person under 18.
(1)  In this section, 'dangerous weapon' means any firearm, loaded or unloaded * * *
(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.
* * *
(3) 
(a) This section does not apply to a person under 18 years of age who possesses or is armed with a dangerous weapon when the dangerous weapon is being used in target practice under the supervision of an adult or in a course of instruction in the traditional and proper use of the dangerous weapon under the supervision of an adult. This section does not apply to an adult who transfers a dangerous weapon to a person under 18 years of age for use only in target practice under the adult's supervision or in a course of instruction in the traditional and proper use of the dangerous weapon under the adult's supervision.
(b) This section does not apply to a person under 18 years of age who is a member of the armed forces or national guard and who possesses or is armed with a dangerous weapon in the line of duty. This section does not apply to an adult who is a member of the armed forces or national guard and who transfers a dangerous weapon to a person under 18 years of age in the line of duty.
(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. ['s' stands for section, and therefore the same as §] 941.28 [sectional heading: Restrictions on hunting and use of firearms by persons under 16 years of age, whose essence is that absolutely not under 12 even in presence of an adult + maybe for age 14-16] or is not in compliance with ss. [ss stands for sections, whose notations is §§] 29.304 and 29.593 [sectional heading: Requirement for certificate of accomplishment to obtain hunting approval]. * * *"
https://docs.legis.wisconsin.gov/statutes/statutes/948/60


Pay attention to § 941.28.


(b)
(i) This (§ 941.28) is what a minor prosecutor -- the lead prosecutor being Thomas Binger shown in the photo -- in the Kyle Rittenhouse's trial means when he is quoted as saying:

"As [Judge] Schroeder and attorneys from both sides debated the wording of jury instructions on Monday [Nov 15] the defense renewed its request to dismiss the possession charge. Assistant District Attorney James Kraus argued that reading the statute to allow minors to carry any weapon except a short-barreled rifle or short-barreled shotgun basically negates the prohibition on minors carrying weapons.  'I believe that this . . . essentially swallows the entire statute,' Kraus said."

(ii) Currently the philosophy over the statutory interpretation (by a court: federal or state) is: a statute or law means what it says and says what it means. More than half a century, the philosophy was legislative intent, reading the debate on legislative floor. Problems were: ew record is available for debate. Besides, arguments on floor debates have pros and cons --how do you decide which one to take?
(iii) So despite the misgivings of Mr Krause, prosecution is not going to Appeals Court for an interpretation, now or in the months leading to the trial (even though it could have).

choi

Brad Brooks, Experts Say Gun Charge Dropped in Rittenhouse Trial Was Result of Poorly Worded Law. Reutrers, Nov 15, 2021.
https://www.reuters.com/world/us ... ded-law-2021-11-15/