Just In: Kyle Rittenhouse’s Gun Charge Dismissed

Posted On November 15, 2021

Kyle Rittenhouse shot three men, killing two, during a protest in Kenosha, Wisconsin. He has argued that he fired in self-defense after the men attacked him. The judge dismissed the possession of a dangerous weapon charge on Monday.

Judge Bruce Schroeder dismissed the gun charge in Kyle Rittenhouse’s trial, as it is lawful to possess a long-barreled rifle at age 17 in Wisconsin. Rittenhouse lawfully possessed the AR-15. Schroeder is the longest-serving circuit court judge in Wisconsin and is presiding over Rittenhouse’s homicide trial. 

In fact, federal law protects a 17-year-old’s gun usage in the same way as an adult’s, under the 2nd Amendment. 10 U.S. Code § 246 – Militia: composition and class states explicitly:

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

Wisconsin law says “any person under 18 years of age who…goes armed with a dangerous weapon is guilty of a…misdemeanor.” But the law provides several exceptions, including one for minors who carry a shotgun or rifle; Rittenhouse’s weapon was a rifle. 

The Charges Against Kyle Rittenhouse

One of six charges against Rittenhouse have been dropped so far. Kyle Rittenhouse is now facing five additional charges for shooting three individuals in August 2020 during a rally against police abuse in Kenosha, Wisconsin, killing two of them.

• Count 1: First-degree reckless homicide, use of a dangerous weapon (against Joseph Rosenbaum)
• Count 2: First-degree recklessly endangering safety, use of a dangerous weapon (against Joseph Rosenbaum)
• Count 3: First-degree recklessly endangering safety, use of a dangerous weapon (against Anthony Huber)
• Count 4: First-degree intentional homicide, use of a dangerous weapon (against Anthony Huber)
• Count 5: Attempted first-degree intentional homicide, use of a dangerous weapon (against Gaige Grosskreutz)
• Count 6: Possession of a dangerous weapon by a person under 18 (charge dismissed)

The Rittenhouse trial has riveted the nation over the past two weeks. A verdict is possible this week. 

BREAKING: Judge dismisses gun charge against Kyle Rittenhouse (Possess Dangerous Weapon-Person < 18)

Rittenhouse now face 5 counts.#KyleRittenhouse

— Kristen Barbaresi (@KristenBarbar) November 15, 2021