Can a minor possess an AR-15 rifle in Wisconsin? This stems from the Kyle Rittenhouse discussion: Wisconsin prohibits possession of rifles by minors, but the same section seems to say that it only applies when the rifle is &quot;short-barrel&quot;. Can a minor possess an AR-15 rifle in Wisconsin?
I used photoshop to do rough calculations. Using Kyle's height as a reference point (162cm / 5ft 4&quot;), as this is what was listed on his arrest warrant. I roughly measured his rifle to be 80cm (31.4&quot;) long from the very end of the stock to the very tip of the barrel. So it is definitely longer than 26&quot; overall as per the second clause in user6726's citation of Wisconsin law. The barrel measures in at 16.8&quot; from breech face to the tip of the barrel. Despite the possible margin of error that can be made in measuring objects in this manner, I think that the length of the rifle is not an issue in the law debate surrounding Kyle as far as I'm concerned as it seems to be a legal &quot;long barrel rifle&quot; Edit: To those who know more about rifles/guns and where exactly the breechface starts on the rifle in the photo pictured below, please let me know if the measurement is too short or too long.
Examples Detention: A person suspected of a felony can be detained at gunpoint (and, in many jurisdictions, subject to "citizen's arrest"). A more clear example is when you encounter someone committing a felonious assault. You can brandish your gun and order them to stop. If they do stop, then you cannot shoot them unless there is no alternative to preventing them from inflicting grievous bodily harm on another. Defense: If you reasonably feel that another person poses a real and grievous physical threat, you can brandish a gun in defense. A common example is the slight woman followed into a vacant alley by a large man. She can brandish a gun to keep him at bay, but she cannot shoot him if he is not making explicit threats and (supposing one accepts the "Tueller rule") makes no aggressive motion within 21 feet of the woman. Law One helpful explanation of the distinction, by a MO attorney citing the MO Supreme Court: While deadly force can only be used to meet the threat of deadly force, the threat implied by brandishing is justified by a low level threat. “When a person has reasonable cause to apprehend on the part of another a design to inflict a great personal injury, and there was reasonable cause for him to apprehend immediate danger of such design being accomplished he is justified, and has the right, ‘to avert such apprehended design,’ and in proper circumstances the right of attack may be essential to the right of self-defense.” More detailed analysis can be found of California Penal Code 417 (California's law against "Brandishing," which is similar to brandishing laws in most states): [I]f you were lawfully defending yourself or defending another person, California's self-defense laws will excuse your otherwise criminal act. You lawfully act in self-defense or in defense of others when you reasonably believe that you or another person is about to suffer imminent harm, and you fight back with no more force than is reasonably necessary to defend against that danger. I.e., sometimes it's enough to say, "Stop!" But sometimes it's necessary to present a gun for the bad guy to get the message. Additionally: Simply drawing or exhibiting a weapon isn't enough to justify a conviction for 417 PC. In order for prosecutors to convict you of brandishing a weapon or firearm, you must do so in a rude, angry, or threatening manner. The same law review provides illuminating comparisons with the related offense "Assault with a Deadly Weapon" (ADW &mdash; CA 245 PC).
If the police confiscate a weapon that isn't owned by the suspect, would they have grounds to keep it? Not forever. For example, let's say the gun was owned by a friend or parent? What if the gun was owned by a Trust with several trustees? Third party owners of property lawfully seized from someone else can recover it. For example, I once took legal actions to recover a gun for a client that was in a gun repair shop that was seized in a criminal investigation because most of the inventory of the shop where it was being repaired consisted of stolen firearms and the primary business of the gun repair shop was fencing stolen property (a fact of which my client was completely unaware and shocked to discover). But, that was only possible once the trial was over because the guns seized were part of the evidence in that trial. A similar process applies when there is a civil forfeiture of property owned by a third-party. Could the owner (personal or trustee) recover the gun from police custody independently of a court finding on the suspect? Sort of. But it isn't entirely independent, since the firearm might be needed as evidence or might need to be kept out of the possession of the person from whom it was seized to effect the red flag order while it was in place in a way that that the third-party owners would have to assure. An example might be where a gun is confiscated via red-flag law, where no crime has been committed, but the suspect won't get his day in court for 6 months. Would the true owner, or partner owners if in a Trust, be denied their property or could they go ahead and recover it pre-trial (ie. the day after it was confiscated)? In the case of a red-flag seizure, the existence of the gun wouldn't be evidence in the court proceeding, so it wouldn't have to be retained for that purpose prior to trial. But, the owner of the gun would probably have to petition the court to regain possession and would have to demonstrate that the red-flag order would continue to deny the person who had the gun possession of it until the red-flag order period expired (if ever). If the trustee was the red-flag order target, or was someone related to him (or her), that might be a showing that the trustee could not make. Caveat Of course, red-flag laws are specific pieces of state legislation. Each one is different. Many would provide a specific statutory procedure for how this issue would be handled. For example, in some places, the proper means to regain possession of property held by law enforcement in connection with a criminal case is a motion filed by a third-party intervenor in the criminal case, while in others, the property process is to bring a civil action for replevin (a lawsuit to regain physical possession of particular items) against the law enforcement officer in possession or constructive possession of the property in question.
Yellowstone is part of the National Park Service. Parts of it are located in Idaho, Montana and Wyoming. The rules concerning firearms on National Park Service properties are set forth at the National Park Service website. Some key excerpts from this are as follows: In areas administered by the National Park Service, an individual can possess a firearm if that individual is not otherwise prohibited by law from possessing the firearm and if the possession of the firearm complies with the laws of the state where the park area is located. 54 U.S.C. 104906. . . . Unless expressly authorized, Federal law prohibits the possession of a firearm or other dangerous weapon in NPS facilities. These buildings include, but are not limited to, government offices, visitor centers, ranger stations, fee collection buildings, and maintenance facilities. 18 U.S.C. 930. . . . Unless authorized, the use or discharge of a firearm within a park area is prohibited. 36 CFR 2.4(b) and 13.30(c). In parks where hunting is specifically mandated or authorized by federal statute, firearms may be used to hunt in accordance with NPS regulations and state laws. 36 CFR 2.2. The referenced statutes state (emphasis added): 18 U.S. Code § 930 - Possession of firearms and dangerous weapons in Federal facilities (a)Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both. (b)Whoever, with intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes to be present such firearm or dangerous weapon in a Federal facility, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both. (c)A person who kills any person in the course of a violation of subsection (a) or (b), or in the course of an attack on a Federal facility involving the use of a firearm or other dangerous weapon, or attempts or conspires to do such an act, shall be punished as provided in sections 1111, 1112, 1113, and 1117. (d)Subsection (a) shall not apply to— (1)the lawful performance of official duties by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law; (2)the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law; or (3)the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes. (e)(1)Except as provided in paragraph (2), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal court facility, or attempts to do so, shall be fined under this title, imprisoned not more than 2 years, or both. (2)Paragraph (1) shall not apply to conduct which is described in paragraph (1) or (2) of subsection (d). (f)Nothing in this section limits the power of a court of the United States to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons within any building housing such court or any of its proceedings, or upon any grounds appurtenant to such building. (g)As used in this section: (1)The term “Federal facility” means a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties. (2)The term “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2½ inches in length. (3)The term “Federal court facility” means the courtroom, judges’ chambers, witness rooms, jury deliberation rooms, attorney conference rooms, prisoner holding cells, offices of the court clerks, the United States attorney, and the United States marshal, probation and parole offices, and adjoining corridors of any court of the United States. (h)Notice of the provisions of subsections (a) and (b) shall be posted conspicuously at each public entrance to each Federal facility, and notice of subsection (e) shall be posted conspicuously at each public entrance to each Federal court facility, and no person shall be convicted of an offense under subsection (a) or (e) with respect to a Federal facility if such notice is not so posted at such facility, unless such person had actual notice of subsection (a) or (e), as the case may be. . . . 54 U.S. Code § 104906. Protection of right of individuals to bear arms (a)Findings.—Congress finds the following: (1)The 2d amendment to the Constitution provides that “the right of the people to keep and bear Arms, shall not be infringed”. (2)Section 2.4(a)(1) of title 36, Code of Federal Regulations, provides that “except as otherwise provided in this section and parts 7 (special regulations) and 13 (Alaska regulations), the following are prohibited: (i) Possessing a weapon, trap or net (ii) Carrying a weapon, trap or net (iii) Using a weapon, trap or net”. (3)The regulations described in paragraph (2) prevent individuals complying with Federal and State laws from exercising the 2d amendment rights of the individuals while at System units. (4)The existence of different laws relating to the transportation and possession of firearms at different System units entrapped law-abiding gun owners while at System units. (5)Although the Bush administration issued new regulations relating to the 2d amendment rights of law-abiding citizens in System units that went into effect on January 9, 2009— (A)on March 19, 2009, the United States District Court for the District of Columbia granted a preliminary injunction with respect to the implementation and enforcement of the new regulations; and (B)the new regulations— (i)are under review by the Obama administration; and (ii)may be altered. (6)Congress needs to weigh in on the new regulations to ensure that unelected bureaucrats and judges cannot again override the 2d amendment rights of law-abiding citizens on 83,600,000 acres of System land. (7)Federal laws should make it clear that the 2d amendment rights of an individual at a System unit should not be infringed. (b)Protection of Right of Individuals To Bear Arms in System Units.—The Secretary shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm, including an assembled or functional firearm, in any System unit if— (1)the individual is not otherwise prohibited by law from possessing the firearm; and (2)the possession of the firearm is in compliance with the law of the State in which the System unit is located. The references regulations in Title 36 of the Code of Federal Regulations state (emphasis added): § 2.2 Wildlife protection. (a) **The following are prohibited: (1) The taking of wildlife, except by authorized hunting and trapping activities conducted in accordance with paragraph (b) of this section. (2) The feeding, touching, teasing, frightening or intentional disturbing of wildlife nesting, breeding or other activities.** (3) Possessing unlawfully taken wildlife or portions thereof. (b) Hunting and trapping. (1) Hunting shall be allowed in park areas where such activity is specifically mandated by Federal statutory law. (2) Hunting may be allowed in park areas where such activity is specifically authorized as a discretionary activity under Federal statutory law if the superintendent determines that such activity is consistent with public safety and enjoyment, and sound resource management principles. Such hunting shall be allowed pursuant to special regulations. (3) Trapping shall be allowed in park areas where such activity is specifically mandated by Federal statutory law. (4) Where hunting or trapping or both are authorized, such activities shall be conducted in accordance with Federal law and the laws of the State within whose exterior boundaries a park area or a portion thereof is located. Nonconflicting State laws are adopted as a part of these regulations. (c) Except in emergencies or in areas under the exclusive jurisdiction of the United States, the superintendent shall consult with appropriate State agencies before invoking the authority of § 1.5 for the purpose of restricting hunting and trapping or closing park areas to the taking of wildlife where such activities are mandated or authorized by Federal statutory law. (d) The superintendent may establish conditions and procedures for transporting lawfully taken wildlife through the park area. Violation of these conditions and procedures is prohibited. (e) The Superintendent may designate all or portions of a park area as closed to the viewing of wildlife with an artificial light. Use of an artificial light for purposes of viewing wildlife in closed areas is prohibited. (f) Authorized persons may check hunting and trapping licenses and permits; inspect weapons, traps and hunting and trapping gear for compliance with equipment restrictions; and inspect wildlife that has been taken for compliance with species, size and other taking restrictions. (g) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States. . . . § 2.4 Weapons, traps and nets. (a) None of the provisions in this section or any regulation in this chapter may be enforced to prohibit an individual from possessing a firearm, including an assembled or functional firearm, in any National Park System unit if: (1) The individual is not otherwise prohibited by law from possessing the firearm; and (2) The possession of the firearm is in compliance with the law of the State in which the National Park System unit is located. (b) (1) Except as otherwise provided in this section and parts 7 (special regulations) and 13 (Alaska regulations), the following are prohibited: (i) Possessing a weapon, trap or net (ii) Carrying a weapon, trap or net (iii) Using a weapon, trap or net (2) Weapons, traps or nets may be carried, possessed or used: (i) At designated times and locations in park areas where: (A) The taking of wildlife is authorized by law in accordance with § 2.2 of this chapter; (B) The taking of fish is authorized by law in accordance with § 2.3 of this part. (ii) When used for target practice at designated times and at facilities or locations designed and constructed specifically for this purpose and designated pursuant to special regulations. (iii) Within a residential dwelling. For purposes of this subparagraph only, the term “residential dwelling” means a fixed housing structure which is either the principal residence of its occupants, or is occupied on a regular and recurring basis by its occupants as an alternate residence or vacation home. (3)(i) Traps, nets and unloaded weapons may be possessed within a temporary lodging or mechanical mode of conveyance when such implements are rendered temporarily inoperable or are packed, cased or stored in a manner that will prevent their ready use. (ii) An individual may carry or possess an unloaded bow or crossbow when accessing otherwise inaccessible lands or waters contiguous to a park area when other means of access are otherwise impracticable or impossible if: (A) The individual is not otherwise prohibited by law from possessing the bow or crossbow; and (B) The possession of the bow or crossbow is in compliance with the law of the State in which the park area is located. (c) Carrying or possessing a loaded weapon in a motor vehicle, vessel or other mode of transportation is prohibited, except that carrying or possessing a loaded weapon in a vessel is allowed when such vessel is not being propelled by machinery and is used as a shooting platform in accordance with Federal and State law. (d) The use of a weapon, trap or net in a manner that endangers persons or property is prohibited. (e) The superintendent may issue a permit to carry or possess a weapon that is not otherwise authorized, a trap, or a net under the following circumstances: (1) When necessary to support research activities conducted in accordance with § 2.5. (2) To carry firearms for persons in charge of pack trains or saddle horses for emergency use. (3) For employees, agents or cooperating officials in the performance of their official duties. (4) To provide access to otherwise inaccessible lands or waters contiguous to a park area when other means of access are otherwise impracticable or impossible. Violation of the terms and conditions of a permit issued pursuant to this paragraph is prohibited and may result in the suspension or revocation of the permit. (f) Authorized Federal, State and local law enforcement officers may carry firearms in the performance of their official duties. (g) The carrying or possessing of a weapon, trap or net in violation of applicable Federal and State laws is prohibited. (h) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States. . . . § 13.30 Weapons, traps and nets. (a) Irritant chemical devices, including bear spray, may be carried, possessed, and used in accordance with applicable Federal and non-conflicting State laws, except when prohibited or restricted under § 13.50. (b) Paragraphs (d) through (g) of this section apply to all park areas in Alaska except Klondike Gold Rush National Historical Park, Sitka National Historical Park and the former Mt. McKinley National Park, Glacier Bay National Monument and Katmai National Monument. (c) Except as provided in this section and § 2.4 of this chapter, the following are prohibited - (1) Possessing a weapon, trap, or net; (2) Carrying a weapon, trap, or net; (3) Using a weapon, trap, or net. (d) Firearms may be carried, possessed, and used within park areas in accordance with applicable State and Federal laws, except where such carrying, possession, or use is prohibited or otherwise restricted under § 13.50. (e) Traps, bows and other implements (other than firearms) authorized by applicable State and Federal law for the taking of fish and wildlife may be carried, possessed, and used within park areas only during those times when the taking of fish and wildlife is authorized by applicable law or regulation. (f) In addition to the authorities provided in paragraphs (d) and (e) of this section, weapons (other than firearms), traps, and nets may be possessed within park areas provided such weapons, traps, or nets are within or upon a device or animal used for transportation and are unloaded and cased or otherwise packed in such a manner as to prevent their ready use while in a park area. (g) Notwithstanding the provisions of this section, local rural residents who are authorized to engage in subsistence uses, including the taking of wildlife under § 13.480, may use, possess, or carry traps, nets and other weapons in accordance with applicable State and Federal laws. . . . § 13.50 Closure and restriction procedures. (a) Applicability and authority. The Superintendent will follow the provisions of this section to close an area or restrict an activity, or terminate or relax a closure or restriction, in NPS areas in Alaska. (b) Factors. In determining whether to close an area or restrict an activity, or whether to terminate or relax a closure or restriction, the Superintendent must ensure that the activity or area is managed in a manner compatible with the purposes for which the park area was established. The Superintendent's decision under this paragraph must therefore be guided by factors such as public health and safety, resource protection, protection of cultural or scientific values, subsistence uses, conservation of endangered or threatened species, and other management considerations. (c) Rulemaking requirements. This paragraph applies only to a closure or restriction, or the termination or relaxation of such, which is of a nature, magnitude and duration that will result in a significant alteration in the public use pattern of the area; adversely affect the area's natural, aesthetic, scenic, or cultural values; or require a long-term modification in the resource management objectives of the area. Except in emergency situations, the closure or restriction, or the termination or relaxation of such, must be published as a rulemaking in the Federal Register. (d) Written determination. Except in emergency situations, prior to implementing or terminating a closure or restriction, the superintendent shall prepare a written determination justifying the action. That determination shall set forth the reasons the closure or restriction authorized by paragraph (a) of this section has been established. This determination will be posted on the NPS Web site at www.nps.gov. (e) Restrictions on taking fish or wildlife. (1) Except in emergencies, the NPS will consult with the State agency having responsibility over fishing, hunting, or trapping and provide an opportunity for public comment, including one or more public meetings near the affected NPS unit, prior to implementing a closure or restriction on taking fish or wildlife. (2) Emergency closures or restrictions may not exceed a period of 60 days and may not be extended without following the nonemergency procedures of this section. (f) Notice. A list of closures and restrictions will be compiled in writing and updated annually. The list will be posted on the NPS Web site at www.nps.gov and made available at park headquarters. Additional means of notice reasonably likely to inform residents in the affected vicinity will also be provided where available, such as: (1) Publication in a newspaper of general circulation in the State or in local newspapers; (2) Use of electronic media, such as the internet and email lists; (3) Radio broadcast; or (4) Posting of signs in the local vicinity. (g) Violating a closure or restriction is prohibited. While the website notes that &quot;Visitors should not consider firearms as protection from wildlife,&quot; this is advice, rather than a prohibition on using firearms in that fashion. It is a warning that firearms are a poor choice rather than a prohibition on using them for self-defense purposes. Also, if a use of firearms as self-defense against wildlife is determined to be unjustified, the park visitor might be charged with hunting without a permit. The state gun control laws in the pertinent states are summarized as follows (by the High County News newspaper) (apologies for the small print):
If you cannot legally purchase a gun in Utah due to any restriction, such as residency, and you engage someone else to knowingly buy or gift you a gun (such as a "straw man" purchase from a dealer or private sale), that is illegal. From the same link you posted (my emphasis): Can I buy a firearm as a gift for someone? Yes, as long as the receiver is not a prohibited person and the gifting is not being used to circumvent a background check or other laws. Calling a purchase intended in place of another is a straw purchase.
There are no such laws that are specific to rape, but there are general laws about false statements. In every state there is some law against making a false statement to a government official, e.g. Washington RCW 9A.76.175 which says that one who "knowingly makes a false or misleading material statement to a public servant is guilty of a gross misdemeanor". To shift context slightly, if you report to the police that Smith stole your lawn mower when in fact you gave it to him, that is a false statement. However, there would have to be clear proof that you lied in your report, and not that there was a misunderstanding. If Smith stole the mower but the evidence did not support a theft conviction, that does not mean that you can be prosecuted for making a false statement (whereas, if someone has a video of you telling Smith "Here's a mower, which I give to you because I like you", then you could almost be prosecuted for making a false statement, were it not for the fact that the video is illegal in Washington). Perjury is the other related crime: RCW 9A.72.020 "a materially false statement which he or she knows to be false under an oath required or authorized by law". [Addendum] About the video of the mower being given away... Washington is an all-party consent state, meaning that you can't just record people, you have to have their permission (everybody's permission). RCW 9.73.050 says that information obtained by illegal recording shall be inadmissible in any civil or criminal case in all courts of general or limited jurisdiction in this state, except with the permission of the person whose rights have been violated in an action brought for damages under the provisions of RCW 9.73.030 through 9.73.080 which is to say, "unless the person(s) who did not give permission to be recorded now give permission for the evidence to be admitted". Since "you" would be the one making a false statement, "you" would have an interest in suppressing the video, thus "you" could withhold permission for the video to be introduced.
Illegal weapons Weapons are defined and are made illegal by statute. In many states, it is illegal to possess brass knuckles. For example, California penal code 12020(a)(1) makes it illegal to possess "any metal knuckles", "writing pen knife", "any leaded cane", among other things. I don't know of any state where it is illegal to pick up a stick, or keys, etc. So, yes, there is a legal distinction between your four scenarios. The mechanic is committing a crime by merely possessing the brass knuckles. The others are not committing a crime by the mere possession of the things you mention (unless there are states where they've been made illegal). Effect on a self-defense analysis Courts would have the jury go through the same self-defense analysis in each of these cases, regardless of the legality of the weapon used. We've described that analysis here. A pure self-defense analysis does not factor in the legality of the weapon that is used. But, if the weapon has been made illegal because of its disproportionate ability to injure, etc. that might weigh against the reasonableness of the force that was used when choosing to use that weapon in self-defense. Possession of an illegal weapon might also weigh against the credibility of the owner of that illegal weapon.
It is not necessary for a combatant to actually carry arms to become a legitimate target. An uniformed mechanic carrying a screwdriver at an airbase is a combatant, entitled to the protections of the conventions but also a valid target. Of course a civilian commander-in-chief does not wear insignia, but he is presumably recognizable. Civilian targets can be attacked according to the tests of military necessity and proportionality. It can be legal to attack a bridge even if it was built by and for civilians, it can be legal to attack a factory producing arms, it can be legal to attack a power plant also serving a barracks. Taking out a key command-and-control node sounds like miliary necessity to me, but surely there would be lawyers for either viewpoint.