Worth noting, however, that he legally was not allowed to be open carrying since he is only 17. At least, that's what I have heard. That might hurt him in court.
How do self-defense laws work when the person is not legally allowed to be in possession of the firearm that they use?
You can legally possess a rifle at any age. You must be 18 to purchase one from a licensed dealer, but you can possess a rifle or shotgun no matter how young you are. Handguns are the only firearm with an age limit for possession, requiring you to be 18 to possess them.
Open carry laws generally apply to any weapon you may legally posses. I'd like to see the source for claiming that he can't legally open carry.
Note that section 3 of the law in question provides a blanket exception for rifles possessed by minors, so long as they aren't also violating SBR statutes.
I've legit been trying to find the section that even says anything about minors?
Is it somewhere in section 941?
If you got the time, could you help me out in finding out where it says anything in regards to that? The section on possession of firearms says nothing about age and only really talks about mental illness and if you;re a felon.
(a) Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.
And then:
(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 or is not in compliance with ss. 29.304 and 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.
Section 941.28 is the SBR portion. \
The other two statutes are in regards to people under the age of 16 and then talking abouta hunter safety course. Nothing really says you can't jsut carry a firearm around.
The more interesting legal argument is Militia Act, which used to be 10 USC 311, might be 10 USC 246 now...in either case the language has remained the same that the militia of the United States is all able bodied males 17 - 45. It could be argued that any state laws restricting members of the Unorganized Militia from being able to carry arms runs afoul of Federal Law.
Worth noting, however, that he legally was not allowed to be open carrying since he is only 17. At least, that's what I have heard. That might hurt him in court.
How do self-defense laws work when the person is not legally allowed to be in possession of the firearm that they use?
You can legally possess a rifle at any age. You must be 18 to purchase one from a licensed dealer, but you can possess a rifle or shotgun no matter how young you are. Handguns are the only firearm with an age limit for possession, requiring you to be 18 to possess them.
Open carry laws generally apply to any weapon you may legally posses. I'd like to see the source for claiming that he can't legally open carry.
https://www.jsonline.com/story/news/crime/2020/08/26/wisconsin-open-carry-law-kyle-rittenhouse-legally-have-gun-kenosha-protest-shooting-17-year-old/3444231001/
This is filled with left wing propaganda, but it does cite the law in question
Note that section 3 of the law in question provides a blanket exception for rifles possessed by minors, so long as they aren't also violating SBR statutes.
I like it. Knocks out another commie argument.
https://docs.legis.wisconsin.gov/statutes/statutes/941/III/28
I've legit been trying to find the section that even says anything about minors?
Is it somewhere in section 941?
If you got the time, could you help me out in finding out where it says anything in regards to that? The section on possession of firearms says nothing about age and only really talks about mental illness and if you;re a felon.
Edit: Found it here:
https://docs.legis.wisconsin.gov/statutes/statutes/948/60
IT says:
And then:
...
Section 941.28 is the SBR portion. \
The other two statutes are in regards to people under the age of 16 and then talking abouta hunter safety course. Nothing really says you can't jsut carry a firearm around.
The more interesting legal argument is Militia Act, which used to be 10 USC 311, might be 10 USC 246 now...in either case the language has remained the same that the militia of the United States is all able bodied males 17 - 45. It could be argued that any state laws restricting members of the Unorganized Militia from being able to carry arms runs afoul of Federal Law.