
it doesn’t matter in that immediate instance though, it matters in a court of law. the issue with your argument is his actions were not the equivalent of just shopping in a store while open carrying; it’s the equivalent of bringing a gun to a bank, brandishing it, then declaring self defense after shooting one of the guards that attempted to stop you.
he went out of his way to bring a loaded firearm across state lines and illegally opencarry specifically at a protest, where emotions are already escalated. his being there with a loaded firearm, as a private civilian with no authority for law enforcement (which was his intention for being there in the first place, illegally acting as civilian law enforcement), inherently escalated tensions and put everyone’s lives at risk, including those he shot.
a bank is a gun free zone, so open carrying in a bank would automatically be an implicit threat. open carrying in public in an open carry state is not taken as an implicit threat, so just existing out in public with a gun is not aggressing on others such that they could attack you and you cant defend yourself
which is why my analysis is not based solely on him illegally brandishing the weapon, it’s based on the combination of contextual information such as his intention of vigilantism, the transport of the weapon across state lines, the illegality of him open carrying, and his negligence in bringing an armed weapon to an active protest as a civilian.
it doesnt matter the intention because he wasnt the actual aggressor. if he picked a fight with rosenbaum thats a different story, but rosenbaum picked a fight with him. rittenhouse even tried to flee first and only fired when the guys hand was literally on the barrel of his gun. pretty easy to establish fear for his life there
The issue you keep ignoring is how rittenhouse confessed their planning to “defend businesses” Open carrying in and of itself is not vigilantism, open carrying for the specific purpose of combatting perceived crime is. the best part, vigilantism is only illegal when laws are broken in the process, which is my entire point. legally people can engage in vigilantism as long as they follow all existing laws, at least as far as I’m aware. Once a law is broke in the process, that changes.
The law says “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.” Which means the law banning under 18 possession doesn’t apply UNLESS they’re violating the short-barreled firearm law or hunting law (which makes no sense, so that’s why it was thrown out)
the disarmer obviously. but no one disagrees. the point is that standing outside holding a gun (not pointing it at anyone, just holding it) does not constitute “threatening with a gun.” you would have to show that rittenhouse was pointing the gun at rosenbaum or a similar physically threatening action
They don’t even need to decide who the aggressor is (the prosecution showed videos that apparently showed he raised his gun first). The defense just needs to create doubt that it was him, and make a credible argument that he may have feared he was in danger. The defense said those videos showed he was consistently retreating, which also discredits the “provocation” argument
I would point out that intention, in this case, is a major factor because he could have met the standards for self inducement or provocation which invalidates self defense like if you show up somewhere and try to piss people off to get them to attack you, that’s pretty damn relevant, and the fact that he was carrying an illegal weapon and was there to do illegal things does NOT help his case as to saying “I was there being totally innocent and doing nothing”
I think it would have been hard to convict him of murder in this case, cause he meets the standards for reasonable doubt without considering the evidence that was excluded, but given that evidence and all the things he’s said and done since the incident I fully believe he went there to kill people and got away with it he literally made jokes about “crossing state lines” again to go ‘help’ with the anti ICE protests after Renee Good’s killing and supported her death
yeah theres just no evidence that he was provoking the situation. in fact theres a lot of evidence and witness statements to the fact that rosenbaum was acting erratic and openly threatening peoples lives. rittenhouse even tried to flee the situation, and only shot when his hand was on the barrel of the gun. thats not really consistent with someone provoking a situation cuz he wants to kill someone
okay, so like, why was he there in the first place doing illegal things two weeks beforehand he was telling his friends about people breaking the law down the street- hey, if I had my rifle I’d shoot those people right now then later he shows up where he thinks people are breaking the law and kills two people
to be fair there’s not a lot of evidence relevant to the trial, specifically, and again I can understand why he got off- reasonable doubt exists because it’s better to avoid convicting someone who isn’t guilty than let someone innocent be convicted but also I fully believe he went there to be violent and potentially kill people, and he got away with it.
I compared it to the roof koreans in that you can lawfully put yourself in such a situation that one would have to threaten your life (or for the rittenhouse case someone you asked to defend your business's life) to be able to threaten your business, not in that both situations show stand your ground law or extension of castle doctrine.
If it’s not a business you own or operate it becomes murkier. You’d still have to look at who provoked who. For the rooftop Koreans it was usually that the provoker was not definitively the business owners (all you need is uncertainty), and it was their own place of business (castle doctrine/duty to retreat)
IIRC he didn’t even argue that the gun was to protect property. I think he said it was a deterrent and backup in case he faced harm. It would be a different story if he was shooting people for simply shoplifting (which he said online that he wanted to do, but that was not admissible because it wasn’t deemed relevant to the case)
It depends on the facts of the case. If the prosecution argues your informal, armed presence increased the tension or escalated the situation, then that hurts your self-defense claim. The prosecution tried to argue that with Rittenhouse, but at the *moment force was used* (which is why the fact he crossed state lines doesn’t matter much legally, but could be an attempt to convince the jury he was the initial aggressor), his gun was being grabbed, he was hit with something, etc