Why Does Rittenhouse Want His Rifle Back?

Written By BlabberBuzz | Sunday, 23 January 2022 03:45 PM
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Kyle Rittenhouse, who was cleared of all charges in the shooting of three men during the turmoil in Kenosha, Wisconsin, is pushing moves to get his gun back — so he can destroy it.

Mark Richards, an attorney for the 19-year-old, filed a motion in Kenosha County court Wednesday asking for the return of the AR-style rifle used by Rittenhouse during the riots in the summer of 2020, according to Kenosha News.

The report said a spokesman for Rittenhouse, Dave Hancock, sent a text message to a reporter Wednesday night saying the motion is part of a "legal process ... The [Kenosha County district attorney] must return his belongings. When the rifle is returned, it will be destroyed."

Rittenhouse fatally shot two people and hit another during a riot over the nonfatal shooting of Jacob Black in 2020. In November of last year, a jury concluded that Rittenhouse acted in self-defense and cleared him of five criminal charges.

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Under Section 968.20 of Wisconsin law, a person who has previously been accused of a crime and has had their property seized that is classified as a firearm can reclaim it under several criteria, including having "all charges filed in connection with the seizure against the person" dismissed.

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Hancock previously said Rittenhouse wished for the gun to "be destroyed" and that there is "nothing to celebrate about that weapon."

Rittenhouse's friend Dominick Black bought the rifle for the then-17-year-old Rittenhouse, as he was too young to buy it on his own. Black, charged in 2020 with two counts of supplying a firearm to a minor, reached a plea agreement on January 7 that ignored the two felony charges.

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Rittenhouse is also aspiring to have his iPhone, ammunition, magazine, and sling, along with a face mask and $1 bill, returned, according to court documents. The next step is a hearing slated to take place January 28 in front of Judge Bruce Schroeder.

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Under Wisconsin law, possessions of those accused of crimes are to have those possessions returned if they are acquitted or after charges are dropped.

But there are specific laws that complicate this process if the property is a gun.

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The law states: “If the seized property is a firearm … and a person claiming the right to possession of the firearm has applied for its return … the court shall order a hearing … to occur within 20 business days after the person applies for the return.” Then if it is determined “the person is not prohibited from possessing a firearm under state or federal law as determined … the court shall, within 5 days of the completion of the hearing and using a return of firearms form developed by the director of state courts, order the property returned.”

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