Kyle Rittenhouse's Attorney Fights The "Criminal Underage Firearm Possession" Charge

Kyle Rittenhouse was charged with various unwarranted charges during the self-defense incident. However, many of the charges could be dropped once the court ruled that he was justified in defending himself. However, the “firearm possession by a minor” charge would be argued separately and will likely put him in a very difficult position.

His attorney has come up with an explanation of why the 17-year old was justified in owning a firearm.

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Kyle's attorney, John Pierce of Pierce Bainbridge, says that the 17-year old would be allowed to join a well-regulated militia as provided by the Second Amendment. This provision puts Kyle in the same position as any other adult member of the militia. Pierce will essentially be questioning the constitutionality of the firearms ban for youths under the age of 18.

There are many reasons why age-based restrictions are unconstitutional. Firstly, the Second Amendment did not provide any provision for the enactment of age-based restrictions. The only excuse that gun control extremists use in violating the constitutional rights of older teens is Scalia's opinion stating that the reasons provided for the limitation of the Second Amendment rights "does not purport to be exhaustive." This gives them a cue to impose any unconstitutional restriction they could manufacture.

Secondly, age restrictions are based on the belief that the youths commit more firearm crimes, hence justifying youths’ firearm access restrictions to reduce crime. However, violent homicides affect the youths aged 16-21 more than any other vulnerable group. These crimes are mostly committed by adults. This scenario played out during the shooting incident when fully-grown adult males attacked the teen.

Similarly, youths are the primary victims of rape, according to ChildTrends. Allowing them to use firearms for self-defense would help them in fighting off sexual predators.

Another reason why age-based restrictions are wrong is that boys commit more gun-related crimes than girls. In fact, almost all firearm-related crimes are committed by boys. Therefore, restricting firearm possession solely on age discriminates against the young women who are least likely to misuse the guns.

The current gun laws are also very unfair to the youth, who are allowed to fight and die for the country but cannot use the same firearms to defend themselves.

However, these facts won’t convince the gun control activists hellbent on gradually eradicating the Second Amendment from the US constitution. In Kyle's case, they conveniently ignore the fact that a minor was attacked by armed adult felons and exercised his Second Amendment rights as any other American would be expected to do.

Meanwhile, Lt. Gov. Dan Patrick is pushing universal background checks in our state, and if left unchecked, it will not be long until we see bills like this getting traction in Austin. Texas is embarrassingly ranked 29th for gun rights, and with the help of the political elites in Austin, we will surely rank among New York, California, and Illinois if left to their own devices. Please join our fight today, and help us restore Texas' place as the standard for the U.S.


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