Kyle Rittenhouse wants his AR-15 back

Mark Hertzberg/Pool Photo via AP

Kyle Rittenhouse used his AR-15 to defend his life. Many don’t think he should have had a gun, ignoring the fact that he’d have probably been dead.

Now that he’s over 18, there’s little reason he can’t have an AR-15. Especially since he’s not a convicted felon, much to the chagrin of many.

But Rittenhouse doesn’t want just any AR-15. He wants his back.

Kyle Rittenhouse, the Illinois man acquitted of fatally shooting two men and wounding a third during street protests in Kenosha in 2020, is seeking the return of the gun and other property that police seized after his arrest.

Rittenhouse’s attorney Mark Richards filed paperwork with the Kenosha County Circuit Court on Wednesday seeking the return of the items, explaining that Rittenhouse wants the AR-15 style rifle back so that it can be destroyed, the Kenosha News reported.

Law enforcement has had the gun since the day after Rittenhouse shot three men, two of them fatally, on Aug. 25, 2020, during a night of protests and unrest in the southeastern Wisconsin city of Kenosha over the shooting of Jacob Blake, by a police officer.

According to court documents, Rittenhouse is also looking to retrieve the ammunition, the sling and the magazine from the firearm, his cellphone, a cloth face mask, the clothing he was wearing the night of the shootings and a $1 bill.

Frankly, he’s got every right to get it back.

After all, it’s his property. While there were issues as to how he obtained it, he still legally possessed it and since he wasn’t prosecuted for the purchase of the firearm, there’s no reason he shouldn’t get it back.

I suspect officials in Kenosha will try and take issue with that, but I’m not sure there’s any legal reason he shouldn’t get it back.

Earlier, Rittenhouse had said he didn’t want the gun back, which was understandable. He’d been through quite the ordeal. Clearly, though, he’s changed his mind.

He’s got that right.

Of course, if the gun has been destroyed, especially if he gave the OK for it somehow, then I don’t know that he’s got a lot of options.

If not, though, officials need to hand over the weapon and all the other stuff.

See, while property can be taken, it can’t be taken without going through the proper steps. Plus, you can’t take it just because you don’t like the guy who owns it. Taking Rittenhouse’s gun while it was considered evidence is one thing, but it’s not anymore. The jury found that he wasn’t guilty of a crime, so there’s no need to consider it evidence.

If it’s not evidence any longer, it’s still Rittenhouse’s property. He’s got a right to expect it back.

Now, it appears there will be an all-new court case. This time, the cost of Rittenhouse losing is far less than his previous appearance in a court of law, but he should end up just as victorious this time around.

If not, I suspect someone will be more than happy to replace that firearm with a brand new one.