Brad Brooks

(Reuters) – The misdemeanor weapon charge dismissed against Kyle Rittenhouse, a high-profile killer is expected to spark a debate in statehouse over the best way to reform what Rittenhouse and two other legal experts called confusing Wisconsin legislation.

The defense lawyers filed in July a motion to remove the charge of underage firearms possession against Rittenhouse. Rittenhouse shot and killed three people last year during demonstrations for racial justice in Kenosha. Judge Bruce Schroeder, who earlier denied the request, granted it shortly before closing arguments started on Monday in the murder trial for Rittenhouse https://www.reuters.com/world/us/jury-decide-fate-shooter-kyle-rittenhouse-after-closing-arguments-2021-11-15.

John Gross from the University of Wisconsin, said “This is going touch a nerve für some people.” This judge isn’t going to give an unreasonable interpretation of the statute.

Gross stated that the Wisconsin law regarding underage possession is a very restrictive one. It seems like it only applies gun ownership restrictions to those who are carrying short-barreled weapons, such as a sawed off shotgun less than 12 inches. This is the argument Rittenhouse’s lawyers made.

The .223 caliber Smith & Wesson rifle Rittenhouse used in the shootings has a 16-inch barrel.

Gross stated that the legislature accidentally created a law that allows anyone under 18 to legally own a shotgun or rifle as long as it is sufficiently long. It’s a simple legislative error and should be corrected.

Tom Grieve, an attorney who is skilled in the defense of gun cases, and a former Wisconsin State prosecutor, stated that the decision by a trial judge did not establish a legally binding precedent. However, it could cause other judges reconsider how they interpret the current underage possession law.

Grieve oversees the firm that he described as the biggest criminal defense company in the state. He said that he has never seen Rittenhouse face anyone under the age of illegal possession. Therefore, he doesn’t believe the judge will have an impact on courtrooms.

Political circles might have a different view.

Grieve stated, “This could definitely be something the legislature looks at.”

Rittenhouse’s trial was closely monitored by those who advocate expansive gun rights as well as others who consider American gun culture to be out of control.