Homicide, Murder, Manslaughter Premeditated

Wraiththe

New Member
Jurisdiction
Wisconsin
Hi,
It was my understanding that the law is clear on this: If you leave the safety of your home and travel to a conflict with your gun and put yourself into a situation where you have to defend yourself, even if it is life threatening, and kill someone to defend yourself: that it is considered premeditated homicide. So yes, I am referring to both Kyle, who left the safety of his own home, traveled to a conflict with a gun, put himself in harms way where he would have to defend himself... and another woman in Florida who went back to her car, got the gun and re-entered someone else's house. I cannot remember the law or how to look it up. Can anyone shed light on this or give me something I can look up to find the law?
 
Can anyone shed light on this or give me something I can look up to find the law?

If you're seeking information on "premeditated murder" (for example), you enter that term in any search engine and await results.

You then peruse the results to see what, if anything, you can learn.

If you learn nothing, change the term you are searching and try again.
 
There is a difference in the two scenarios you suggested, which is the state of mind at the time the individual obtained the weapon.
It is unlikely the kid in Wisconsin would have killed anyone if they hadn't attacked him as he likely had no intent to do so. Even with his rifle it is hard to show that he went out that night with the specific intent to kill. It is more reasonable that he carried it for defense.
The woman in Florida had intent to use that weapon and retrieved it for a specific purpose.
 
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Give me a break. If he hadn't assualted people, he wouldn't have felt threatened by the response. No, there is premeditation here. He went looking for a fight. He got one. He's as guilty as sin. No amount of Fox-viewing Trump-sucking racist weasel wording can change that.

If you don't believe that turd was looking for a fight, look at his previous behavior.
Kenosha Shooter Kyle Rittenhouse Caught On Video Punching Young Woman During Altercation In July
What a POS. I am not surprised that the murdering SOB hits girls...and needs help to do it. Kudos to the guys that intervened while she was being beaten by him and another.

Thanks for posting that Ron.
 
There does not seem to be any evidence in what is publicly available that supports premeditation. To say that his bringing a weapon indicates premeditation means that every other person in the street with a weapon also had intent to kill, which is just untrue.
His previous behavior does not support premeditation in this instance.

Perhaps there is more that I am not aware of, but I saw a kid being attacked by an angry mob who was defending himself. I don't know what happened before the video. I won't try and determine whether his use if deadly force was reasonable, but I do suspect most 17 year olds would be terrified if being pursued and battered by a riotous mob.

Heck, they were trying to take his rifle away. What do you suppose they would have done with it if they got it? I know I wouldn't give them the opportunity. Anyone who tries to take my weapon is going to get ventilated.
 
If they hadn't attacked him... they would still be alive today. mess with a bull you will get the bulls horns. we are going to see more of these shooting. all this bs because some idiots couldn't follow the directions of law enforcement. how stupid..
 
If they hadn't attacked him... they would still be alive today. mess with a bull you will get the bulls horns. we are going to see more of these shooting. all this bs because some idiots couldn't follow the directions of law enforcement. how stupid..
If he hadn't violates state and federal law by having his mommy drive him (across state lines) to the protest with a semi-automatic weapon, then those men would still be alive.

A "bull"? Kyle Rittenhouse is a nasty little boy who beats up girls. He is not a "bull".
 
If he hadn't violates state and federal law by having his mommy drive him (across state lines) to the protest with a semi-automatic weapon, then those men would still be alive.


Illinois has some stringent requirements to own or possess a firearm.
In fact, all "Illinois peace officers" must also acquire a FOID.
Illinois prohibits individuals from possessing firearms if they do not hold a FOID (Firearms Owner ID) card.

To obtain a FOID card, an individual must be over 21 years of age or have the written consent of his or her parent or legal guardian to possess and acquire any firearms and ammunition

The parent or legal guardian must not be prohibited from obtaining a FOID card.

Even with parental consent, persons under age 21 do not qualify for a FOID card if they have been convicted of a misdemeanor (other than a traffic offense) or adjudged delinquent.

Minors while in the custody and immediate control of their parent or legal guardian and the parent or legal guardian currently has a valid FOID card DO NOT need a FOID card.

Wisconsin state law 948.60(2)(a) states:
"Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor."

However the exception is: "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."

Wisconsin statute 948.60(3)(c) states: "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."

Statute 29.304(3)(b) states: "Restrictions on possession or control of a firearm.

The person has been charged, a trial will presumably follow, and the defendant will receive "due process". For the moment, he (as are all criminal defendants) is cloaked in the "constitutional" presumption of innocence.
 
If he hadn't violates state and federal law by having his mommy drive him (across state lines) to the protest with a semi-automatic weapon, then those men would still be alive.

A "bull"? Kyle Rittenhouse is a nasty little boy who beats up girls. He is not a "bull".

And what federal law did he violate?

Yes, Kyle likely violated a misdemeanor IL law. But, if one of the adults there with an IL FOID card stands up and says that he was supervising Kyle that charge may go away or he could be found not guilty.

The video of the altercation means nothing to this case.
 
And what federal law did he violate?

None, insofar, as I can determine.


Minimum Age for Gun Possession:
Subject to limited exceptions*, federal law prohibits the possession of a handgun or handgun ammunition by any person under the age of 18.

Federal law provides no minimum age for the possession of long guns or long gun ammunition.
 
None, insofar, as I can determine.


Minimum Age for Gun Possession:
Subject to limited exceptions*, federal law prohibits the possession of a handgun or handgun ammunition by any person under the age of 18.

Federal law provides no minimum age for the possession of long guns or long gun ammunition.

You know that and I know that but I doubt justblue knows that and she's the one that made the statement that he had violated federal law.
 
It is apparent that a curfew order and a weapon possession statute were violated. Neither of those has bearing on the shooting itself and a claim of self defense.
 
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