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originally posted by: dragonridr
a reply to: JAGStorm
No its still under investigation when he was arrested he apparently had two Smith and Wesson M&P 15 Rifles. Considering he couldnt legally purchase them means someone bought them for him. And if that person lives in another state they have him. You also have to wonder if he took the rifle home im thinking he may have because his friend didnt go straight to the police with the rifle. If you letsomeone borrow a rifle and you know it as used in a crime you need to go to the nearest police department and turn it in.
Will see when the trial starts but I have a feeling alot of things we were not aware of will come out.
originally posted by: JAGStorm
OHHHHHHHHH so self defense is OK for one side but not the other...?
How quickly the narrative changes...
originally posted by: More1ThanAny1
a reply to: yuppa
It doesn't, which is why I said the gun law for age was unconstitutional.
Either way, age is not a disqualification for the WI self defense law. It doesn't matter how old you are or what weapon you use or how you obtained the weapon. Self defense is self defense. God forbid a 12 year old somehow wrestles a stolen gun from a felon and uses it in self defense. Some people here would call for the 12 year old to be charged for illegally possessing a gun and stolen property.
originally posted by: More1ThanAny1
a reply to: JAGStorm
What is laughable is your understanding of the law. According to the WI 939.48 there are no disqualifications for the type of weapon, legal status of the weapon, nor how you obtained the weapon. So in the eyes of the law both scenarios are identical because the only thing that matters is that one's life was in immediate danger.
Try again.
(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.
(b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a person under 18 years of age is guilty of a Class I felony.
(c) Whoever violates par. (b) is guilty of a Class H felony if the person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.
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. 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.
originally posted by: dragonridr
"No person may carry or display a facsimile firearm in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another person", unless on your own property or business, or that of another person with their consent."
WI statute 941.296
In this section, “facsimile firearm" means any replica, toy, starter pistol or other object that bears a reasonable resemblance to or that reasonably can be perceived to be an actual firearm. “Facsimile firearm" does not include any actual firearm.
originally posted by: dragonridr
Now 948.60 is very specific on when minors meaning under 18 are allowed to carry. but lets talk about him being loaned the gun this is illegal under state law.
So this is fairly eaasy to understand he commited a class A misdeameanor and a class H felony.So lets look at the exceptions you believe exist.
948.60 (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.
originally posted by: More1ThanAny1
a reply to: dragonridr
No, your lack of knowledge of law is the problem here. The "section" we are discussing is WI 948.60 Possession of a dangerous weapon by a person under 18. The (1) (2) and (3) are "subsections".
Section 948.60 Subsection (3)(c) clarifies who the entire section applies to. It only applies to:
#1: Persons in violation of 941.28 (short-barreled rifle law).
OR
#2: Persons in violation of 29.304 (hunting under age 16) and 29.593 (certificate of accomplishment requirement)
OR
#3: Adults who transfer a firearm to a person under 18 years of age that is also in violation of #1 or #2.
Kyle is not in violation of 1, 2, nor 3.
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
This law does not apply to a person under 18 years of age who possesses or is armed with a rifle or a shotgun unless the person is in violation of s. 941.28
Kyle is not an adult and didn't transfer a firearm to another person. So this doesn't apply to him.
Try again.