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Kyle Rittenhouse Demands Return of Rifle & Property Taken by Police

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Kyle Rittenhouse Not Guilty, all counts
U.S.A. –-(AmmoLand.com)-— On January 19, 2022, documents were filed with the Kenosha County Circuit Court asking Judge Bruce Schroeder to award ownership of the rifle Kyle Rittenhouse used to defend himself on August 25, 2020, during the riots in Kenosha, Wisconsin. He is also asking for the return of Kyle’s iPhone, ammunition, and clothes.

From the kenoshacountyeye.com:

Kenosha County Circuit Court Bruce Schroeder will have to decide who is the rightful owner is of a Smith and Wesson M&P 15 rifle. This is the rifle used by Kyle Rittenhouse on August 25, 2020 to kill two assailants and wound a third. Schroeder will also be asked to decide if sporting rifle will be released at all. According to court documents filed this afternoon, ADA T. Clair Binger (D) and DA Michael Graveley (D) are not releasing the AR-15 Rifle to Rittenhouse after being asked by his attorney, Mark Richards.
The testimony of both Rittenhouse and Dominick Black established the intent was for the rifle to be transferred to Kyle when he became 18. From Kenoshanews.com:

The filing states: “As established through the trial testimony of both Dominick Black and Mr. Rittenhouse, the Smith & Wesson M&P 15 rifle … was purchased by Dominick Black but was to become the legal property of Kyle Rittenhouse upon his 18th birthday,” which was Jan. 3, 2021.
According to Kenoshacountyeye.com, this isn’t the first time Kenosha County prosecutors have refused to return legally owned firearms to their owners.
Also, “This isn’t the first time T. Clair Binger refused to return a gun to someone he lost a case against. Even though Binger told a podcast host that he has a concealed carry license and caries a gun, he in universally known as being a strong gun-control supporter.”
Kyle Rittenhouse says he wants the rifle to destroy it. Judge Schroeder will get to decide if, under Wisconsin law, the rifle belongs to Kyle, because of the oral contract between Kyle and Dominick.
To this correspondent, the more important question is:
Was it a legal contract under federal firearms law?
The firearm was not substantially transferred to Kyle before the present. Everyone agrees the rifle was/is legally owned by Dominick Black. Much has happened since the event-filled day of August 25, 2020. Legally, the rifle still belongs to Dominick Black.  The legal risk to Dominick Black if the rifle is transferred to Kyle Rittenhouse is probably small.  
In 2014, the Supreme Court, in United States v. Abramski, ruled it does not matter if a firearm is legally transferred to another person if the firearm was purchased as a straw purchase.
At present, the rifle Kyle carried was never substantially transferred to him.  If it is transferred to Kyle, Dominick Black may be at risk for a straw purchase prosecution under federal law.
It seems unlikely; Abramski was a very strained 5-4 decision by a far-left majority. But it is precedence.  A lot of punishment by process could be entailed.
I talked to Attorney Anthony Cotton of Kenosha, who represented Dominick Black,  to see what he thought of the risk. He said the defense was structured, from the start, with cognizance of potential federal law:

“We have been cognizant of potential federal liability from the beginning.”
About half of Cottons practice is in federal firearms law, so he is well aware of the law and the Abramski decision.
I asked if he was concerned about possible legal exposure for Dominick Black. He said he wasn’t
“No, I am not.”
“It is something that if it happens, then we will deal with it.”
Attorney Cotton said he no longer is representing Dominick Black. He said if Dominick Black wants to pursue legal recourse to have his rifle returned, then Dominick can do that with a different attorney.
Attorney Cotton:
“We got it dismissed, so my work is done.”
Perhaps this correspondent is concerned with a minor issue. Dominick Black was always a minor player in the case; he cooperated with the prosecution.  No federal charges have been brought. The Abramski case was a rare prosecution.
In today’s climate, prosecutors seem willing to strain statutes to the limit, in order to persecute perceived political opponents.
To the advantage of Dominick Black, the Biden administration seems incompetent. Their plate is full of multiple, self-inflicted crises overseas and at home. Rampant inflation, disruption of civil society, soaring energy prices are a few domestic issues that come to mind.  
Hopefully, persecution of a minor player in a trial which showed President Biden to be a clueless and cruel bigot, will not be a high priority.
The Federal statute of limitations for felonies is five years after the offense was committed. This assumes due process and the rule of law still applies.

About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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Kel-Tec at Shot Show 2022: P15 Subcompact 9mm Pistol

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Kel-Tec P15 (aluminum frame) in Authors hand at SHOT Show 2022.
U.S.A. –-(AmmoLand.com)-– At SHOT Show I spoke with Kel-Tec engineer Ryan Williams. One of the primary interests was getting a first look at the new Kel-Tec P15 subcompact 9mm pistol. It is said to be an updated version of the P11, which pioneered sub-compact polymer 9mm pistols. The P11 held ten rounds in the magazine, as I recall. I had a P11 for a while, not long after they first came out. For whatever reason, I sold it. A light pistol has more recoil impulse. I opt to carry a bigger pistol most of the time. The new P15 weighs in at 14 ounces in the polymer frame version. An aluminum frame version will be available for more money. The P15 has a 4-inch barrel, better than many sub-compacts. The Kel-Tec P15 has a suggested retail price of $425. The pistol pictured is an aluminum frame model, with a suggested retail price of $725. Both are expected to be available in 2022.

The P15 is almost the same size as the extremely popular P17, which has become the most popular .22 LR pistol in the Kel-Tec line. The P17 .22 has a 3.93-inch barrel and a 16 shot magazine.

Things that stand out with the P15 are a small size, 6.6 inches long, comparable to a Walther PP, the lightweight, the trigger, the grip safety, and the sights/optic.

Much of pistol shooting is subjective. People find a platform they like, one that fits them well, that points well for them. I found the P15, with the included extended 15 round magazine, to fit his hand very well. The trigger was surprisingly good. It had a very smooth, about a quarter of an inch take-up, with a nice, crisp release, at a guesstimate of about a 4 lb trigger. I think I could shoot the pistol well, especially if optical sights were installed as on the pistol at the display.
The factory front sight is indexed with the notch in the optic, giving a good backup sight. I was skeptical of the Kel-Tec introduction of a self-defense striker-fired pistol into a crowded field. I was pleasantly surprised at how well the Kel-Tec P15 was handled. The ergonomics felt well thought out. The grip safety could be disconnected if desired, but it worked well at the Kel-Tec display. The status of the grip safety and the magazine disconnect can be selected by the user. There is a small screw on the right-hand side of the frame. Turning the screw to one of three positions makes the selection. In one position, both grip safety and magazine disconnect are engaged. In the second position, both are disengaged. In the third position, only the grip safety is engaged.

While the hot firearms market has shown signs of meeting demand, most product is still flying off of the shelves.
Author with Kel-Tec P17 at Industry Day at the Range 2020
The P17 sub-compact .22 pistol has been another top seller in the Kel-Tec line. Initial, pre-production models had problems. Kel-Tec spent a few months working them out. Now the reviews are glowing. The P17 and the P15 make a natural pair, even though the magazine release is different for the two.
Two years ago, Kel-Tec had a target of production of 2,000 P17 pistols a week. Due to supply chain problems, they have averaged closer to 1,000 P17 pistols a week over the last two years. When the company that produces the magazine bodies cannot obtain the plastic to make the magazines, you are limited in how many pistols you can sell. 100,000 pistols is a great run for any handgun. The demand for the P17 has not let up.
The high demand means it is difficult to find one at the suggested retail price of $199. Online auction sites have had them bring more than twice that amount.
CP33 at SHOT show 2020, by Dean Weingarten
Kel-Tec Engineer Ryan Williams reported they have caught up with the backlog for the CP33. They are appearing on dealers’ shelves at close to the suggested retail price of $475, including two 33 round magazines.
The CP33 Is purchased months ago has been an outstanding pistol. It is very accurate. One-inch groups off a rest, with optical sights, are common at 25 yards. It is light by “old” standards. It has been reliable if cleaned about every 200 rounds. It is a joy to shoot. It, like the P17 .22. is suppressor-ready. It is easy to take down and clean.

Kel-Tec pistols are made and designed in the United States. Their innovations are legendary. If the P15 does as well on the range as the P17 and the CP33 have done, Kel-Tec will have another winner on their hands.

About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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SHOT Show MKS Supply, Barnaul (Russian) Ammo Imports

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MKS range position with Barnaul Ammunition Shot Show 2022
U.S.A. –-(AmmoLand.com)-– At the Industry Day at the Range, Shot Show 2022, I was able to talk with Charles Brown, President of MKS Supply. Their position on the firing line was on the West end of the range positions.

There were several cases of Barnaul ammunition on display. As Russian ammunition has been sanctioned by the Biden administration, Mr. Brown was asked about the effect on his ability to supply ammunition to the American market.

The company is required to submit Form 6’s to import ammunition. The forms are submitted long in advance. There is a significant pipeline of ammunition continually being imported into the United States.

The Biden administration’s sanctions on the importation of Russian ammunition did not revoke any of the Form 6 applications that had already been approved. They became effective on September 7, 2021. They will continue in effect for 12 months, to be re-evaluated in late August or early September 2022, which will be shortly before the mid-term elections in November of 2022.
The sanctions stopped approval of the Form 6 applications which were not approved when the Biden sanctions were put in place.
Approved Form 6 applications can be used for two years from the date of approval. Thus, from the date of the Biden administration sanctions, imports will continue for about two years.
Charles Brown said the sanctions applied both to assembled ammunition and to components. He said a major effect on the company was to stop progress on a series of new calibers the company has been working on to the market in the United States.
He said because of the way the sanctions are worded, components cannot be simply shipped to a country outside of Russia and then imported from that country instead of from Russia.
What happens is a severe break in the supply chain. No more Form 6 applications are approved. The major effect of the break-in Form 6 approvals will not be seen by consumers for about a year and a half, as orders continue to be filled from imports approved on Form 6 applications before the sanctions were put in place.
Because the United States is the major private market for ammunition, suppliers cannot easily shift market share between producers.
The market in ammunition is not as fluid as in oil, or coal, or rice or wheat. There are many major markets for those commodities. When China banned Australian exports of coal and wine, Australian producers were able to shift to other markets because of worldwide demand. Eventually, China realized they were hurting themselves more than Australia.
If there were a major market for ammunition outside of the United States, another market would buy the Russian ammunition, and the USA market would be able to purchase ammunition from other countries which would normally go to that market.

There isn’t enough of a market in the rest of the world for legal, private ammunition outside of the United States. The United States is home to about half of all private firearms on the planet, as estimated as of 2017. The US private stock has increased about 12-14% since then. Almost all of the United States private arms are owned legally, allowing significant ease of ammunition use for training, target shooting, hunting, and informal recreation.
According to the Small Arms Survey, most of the rest of the ownership of private arms in the rest of the world is illegal, severely reducing the opportunity for legal use and supply of Ammunition.
As an informed guess, the United States Market probably consumes over 80% of the legal commercial ammunition in the world.
Expect Russian ammunition supplies to dry up. But not just yet. More supplies will continue to come on the market for almost two years.

About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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ATF Rollouts New eForms Online System, BUT Problems Persist

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ATF Rollouts New eForms Online System, BUT Problems Persist istock
U.S.A. –-(AmmoLand.com)- The improved eForms platform launched by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to review and process ATF  Forms 1,2,3,4,5,6,6A,9,10 and 5300.11 applications online, is finding implementation bugs. This is expected in the major launch of any large software system.

The new, improved, modernized eForms system at the ATF was rolled out on December 23, 2021. The American Suppressor Association said it was the biggest technological jump in the process since the fax machine. From the association:

We’re very excited about the launch of the much anticipated new eForms system. This represents the largest technological jump for NFA since the advent of the fax machine. The system is online as of this morning, December 23rd.
The system is experiencing bugs and difficulties. Those difficulties have been acknowledged in a broadcast email, which appears to be from the ATF :

Dear eForms Users,
At this time, we find it necessary to make everyone aware of some problems many of you are experiencing with ATF’s shift of all licensing applications to cloud services to include the eForms application. We are working on all reported issues around the clock to ensure they are fixed as quickly as possible. The failing infrastructure of the original legacy eForms system required us to move to this new environment as expeditiously as possible. We are sorry that you have been experiencing problems as a result. There will be continuous fine tuning to ensure all applications are working in sync.
Unfortunately, anomalies still exist with registration, login, and other areas in the application, and we are triaging those issues in real time. The development team is actively working to improve your ability to access your accounts and to perform all functions in eForms quickly and reliably. Despite internal and industry testing these anomalies have still surfaced after launch. You should be seeing significant improvements in the coming hours and days. Once basic performance is stabilized beyond an acceptable level, we have several planned tasks to add and improve features over the coming months.
Part of eForms Portal Page
We apologize for any current problems that you are experiencing and are taking them very seriously. This new eForms is built to evolve rapidly and continuously. ATF has the support team in place to keep pushing improvements until eForms smoothly delivers the services needed by all users.
Mason B. McDaniel
Chief Technology Officer
Bureau of Alcohol, Tobacco, Firearms, & Explosives (ATF)
While it is boilerplate legalese which has no real application to a broadcast email, this notice was tacked on to the email message:
NOTICE: This e-mail message and any attached files are intended solely for the use of the addressee(s) named above in connection with official business.  This communication may contain Sensitive But Unclassified information that may be statutorily or otherwise prohibited from being released without appropriate approval.  Any review, use, or dissemination of this e-mail message and any attached file(s) in any form outside of the Bureau of Alcohol, Tobacco, Firearms & Explosives or the Department of Justice without express authorization is strictly prohibited.
Government correspondence released to the public is in the public domain. It is not protected by copyright laws.
One of the most significant changes in the administration of the National Firearms Act by the ATF has been the implementation of licensing and tax stamp applications online.
While considerable paper forms were still required, the online application process significantly improved processing times. This, in turn, has assisted in the exponential growth in tax stamp holders. The number of legal silencers has been growing at a 21% rate for at least 10 years. There are now over 2.6 million legal silencers in the United States.
This correspondent expects the exponential increase in legal silencers to continue for the next decade and more. At some point, barring the destruction of our current form of government, the requirement to have a $200 tax stamp for a firearm safety accessory (silencer) will be removed.
The already massive increases in legal silencers have sparked a serious movement to remove silencers from the NFA. As the number of legal silencer owners and silencers skyrockets, the pressure to remove silencers from the NFA grows exponentially.
The implementation of an improved online system to apply for tax stamps is a step toward reform of the National Firearms Act (NFA).

About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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ID: Boise Cancel Culture Hysteria, George Zimmerman & Lethal Force Gun Law Conference

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U.S.A. –-(AmmoLand.com)-– The Old School Gun School is a long-established firearms school run by JB Herren, located in Chehalis, Washington. Its origins date to 1972. The school has been very successful. One of its more successful ventures is a series of conferences on Lethal Force Gun Laws. The first of these conferences was held in [Read more…]

Felony Charges Dropped in Dominick Black Plea Agreement, Judge Agrees

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Dominick Black at Kyle Rittenhouse Trial
U.S.A. –-(AmmoLand.com)-— Dominick Black is the young man who purchased the rifle used by Kyle Rittenhouse in his self-defense shooting on August 25 in Kenosha, Wisconsin.

NICS Gun Sales December 2021: 1.76 Million Guns Sold

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NICS Gun Sales December 2021: 1.76 Million Guns Sold
U.S.A. –-(AmmoLand.com)-– The numbers for December 2021 National Instant background Check System (NICS), background checks conducted by the FBI, and gun sales, are in. It was the third-highest December for both background checks and gun sales.

Indiana House Passes Constitutional Carry in 2022, Will The State Senate?

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iStock
U.S.A. –-(AmmoLand.com)- On January 11, 2022, the Indiana House passed Constitutional Carry Bill HB 1077.

Oregon Leftists Think Barry Washington Shooting VIDEO is Racist, Watch & You Decide

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Multiple radical left Oregon groups called for the takedown & removal of the shaky cell phone video of the described self-defense shooting of Barry Washington. Jump to the bottom of the article and see for yourself. Then tell us in the comments if this video is racist? Yes or No?

Incremental Strategy to Reform & Repeal the National Firearms Act

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U.S.A. –-(AmmoLand.com)- Six months ago, this correspondent wrote an essay on Incrementalism v. “all or nothing”. It was well-received: Roland T. Gunner ~ “Mr. Weingarten, I take my hat off to you. This article is the best thing I have read in modern memory. Now, tell me, how do we get incremental movememt on reppealing [Read more…]