POLITIFACT Inaccurately Interprets the Gun Legality Law in Kyle Rittenhouse Case

POLTIFACT article titled "Perfectly legal for Rittenhouse to carry a gun? False" claims it was illegal for Kyle Rittenhouse to carry a firearm under Wisconsin law.

This claim is inconsistent with Wisconsin law. This is a false claim.

Articles Claim

The POLITIFACT article states:

Since Rittenhouse is 17 years old, he would not qualify for a concealed carry permit in Illinois. It is against Wisconsin law for someone younger than 18 to possess “a dangerous weapon.”

First of all, Rittenhouse wasn't carrying a concealed weapon, it was in full and plain view, so the concealed carry permit is irrelevant.

Secondly, the referenced statute, Wis. Stat. § 948.60, is only applicable if the individual is in violation of Wis. Stat. 948.60(c) or is not in compliance with §§ 29.304 and 29.593 under which the applicable statutes are:

In possession of short-barreled shotgun or short-barreled rifle meeting the other criteria of a "dangerous weapon". - § 948.60(c)
Has a hunting license, certificate, or other satisfactory evidence of accomplishment of "hunter education" in another state. - § 29.304
Is over the age of 16. - § 29.593

Rittenhouse was 17 at the time, was not in possession of a weapon meeting the definition of a prohibited weapon for his age group. He was able to legal be carrying the weapon.

POLITIFACT references § 29.304 without realizing the statute only applies to those 14 to 16 years of age. They omit § 29.593 completely, and misunderstand the § 948.60 is only applicable in violation or non-compliance of certain sub-sections.

Summary

POLITIFACT's fact-check regarding the legality of Kyle Rittenhouse legally possessing a firearm is a misinterpretation of Wisconsin Law and as such, is a false claim.

Claim: "Perfectly legal' for Rittenhouse to carry a gun? False"

Fact Check Verdict: FALSE CLAIM

Claimant: POLITIFACT