Would all the people who are happy that the shooter in this incident managed to be acquitted? Would Grosskreutz have been acquitted had he shot Rittenhouse? Remember that BOTH Grosskreutz brought weapons into a bad situation and made the situation worse.
The question is do you believe that Gaige Grosskreutz should have been able to carry a concealed firearm? Even more importantly: should he have been carrying in this situation in the first place?
"Shall Issue" means that as long as there is no disqualfier in the system--the person must receive a permit.
"May issue" allows the issuing authority latitude in whether or not to issue the permit.
Now, Grosskreutz must be given a permit under "Shall Issue" since his felony arrest was expunged (technically, we shouldn't even be discussing that arrest since we can be sued). Unless his misdemeanours disqualify him, which quite a few do not in many jurisdictions. In fact, he did have a permit to carry at one time.
Under "may issue" his arrests can be factored into the decision, even if they didn't ultimately end up as convictions.
Let's toss in how would you feel had Grosskreutz managed to have killed Rittenhouse?
Enforcing the laws on the books is harder than you understand since the laws on the books are intended to be unenforceable.
BTW, the case which brought the "Florida loophole" to the attention of the Pennsylvania AG happened to be someone who was under indictment for several felonies in Pennsylvania. Not to mention, he managed to get a Montgomery County Permit to Carry during that period that he turned in. Alas, his record was expunged, so I can't say anymore in public.
The issue here is less Kyle Rittenhouse and more the fact that there were firearms at this "peaceful protest". I am pretty sure firearms were carried at other riots as well. The fact that guns in the hands of "private citizens" and riots are a recipe for disaster. Now, I'm going to quote from a previous post.
Presser v. Illinois, 116 U.S. 252, 6 S. Ct. 580, 29 L. Ed. 615, 1886 U.S. LEXIS 1760 (1886) addressed this issue:
The right voluntarily to
associate together as a military company or organization, or to drill or
parade with arms, without, and independent of, an act of congress or
law of the state authorizing the same, is not an attribute of national
citizenship. Military organization and military drill and parade under
arms are subjects especially under the control of the government of
every country. They cannot be claimed as a right independent of law.
Under our political system they are subject to the regulation and
control of the state and federal governments, acting in due regard to
their respective prerogatives and powers. The constitution and laws of
the United States will be searched in vain for any support to the view
that these rights are privileges and immunities of citizens of the
United States independent of some specific legislation on the subject.
It cannot be successfully questioned that the state
governments, unless restrained by their own constitutions, have the
power to regulate or prohibit associations and meetings of the people,
except in the case of peaceable assemblies to perform the duties or
exercise the privileges of citizens of the United States, and have also
the power to control and regulate the organization, drilling, and
parading of military bodies and associations, except when such bodies or
associations, are authorized by the militia laws of the United States.
The exercise of this power by the states is necessary to the public
peace, safety, and good order. To deny the power would be to deny the
right of the state to disperse assemblages organized for sedition and
treason, and the right to suppress armed mobs bent on riot and rapine.
What
happened in Kenosha is a very good example of how the Second Amendment
has been taken out of context. Yes, when the official forces are unable,
or unwilling, to keep order, somebody has to step in. Likewise, I
wouldn't convict someone for defending their home as was the case with
the McCloskeys. On the other hand, Kyle Rittenhouse was walking around
openly carrying a weapon: he could have been the victim of the REAL
militia had they been on the scene. As is, he was an untrained civilian
in a situation which was way beyond his abilities.
Rittenhouse's heart was in the right place, but his head was up his ass.
Unfortunately,
he is a symbol of the "armed civilian" using a weapon for
"self-defence". But Kenosha burned with or without Kyle Rittenhouse. And what if Grosskreutz had manged to kill Rittenhouse? That's a really important question to ask.
The
reality is that people saw the police as either unwilling or unable to
control what was happening in US cities, but the issue here isn't the
Second Amendment: it's that the US is a failed state. It's the Soviet
Union on life support.
BTW, unless your militia was created by
act of congress: it is not a true constitutional miltia (Article I,
Section 8, Clause 16). The Second Amendment does not create the militia,
it only ensures its viability. But the fact that there is a large
standing military establishment shows that the Second Amendment is a
victim of desuetude and should be repealed.
Footnote:
[1] Some
US Jurisdictions have laws similar to this one from Pennsylvania: 18
PA.C.S. 6107, Prohibited Conduct During an Emergency, “No person shall
carry a firearm upon the public streets or upon any public property
during an emergency proclaimed by a State or municipal governmental
executive unless that person is: (1) Actively engaged in a defense of
that person’s life or property from peril or threat. (2) Licensed to
carry firearms under section 6109 (relating to licenses) or is exempt
from licensing under section 6106(b) (relating to firearms not to be
carried without a license).”
BTW, Before you go
around saying that your militia is somehow acceptable, be sure to check
out your state constitution for provisions like this from Pennsylvania's
State Constitution:
§ 22. Standing army; military subordinate to civil power.
No standing army shall, in time of peace, be kept up without
the consent of the Legislature, and the military shall in all
cases and at all times be in strict subordination to the civil
power.
Also be aware that primary sources relating to the
adoption of the Second Amendment also are replete with similar language
to this.
See also: