Kyle Rittenhouse Wants His Gun Back So He Can Destroy It: Attorney

The attorney representing Kyle Rittenhouse filed a motion in Wisconsin court this week for the return of several items that belong to the 19-year-old, including the gun used in the fatal shooting of two men and wounding of a third in August 2020, as the court filing claims Rittenhouse wants to ensure the gun is destroyed.

The Wednesday filing from Mark Richards requests the return of the Smith & Wesson M&P 15 semiautomatic rifle and other items police have possessed since Rittenhouse turned himself in after the shootings to police in Antioch, Illinois, where he lived at the time, according to the Kenosha News.

If Rittenhouse had been found guilty of a felony in lieu of being acquitted on all charges in November, the state would have been responsible for disposing of the weapon, the newspaper reported.

However, state law says since he was acquitted, he is entitled to the return of his property. The Kenosha News reported that a hearing in front of Judge Bruce Schroeder is scheduled for Jan. 28.

David Hancock, a spokesman for the Rittenhouse family, said the plan is still for the gun and other property to be thrown away and destroyed so no one outside the family can use it for publicity or to "celebrate" Rittenhouse's actions, according to the Associated Press.

"At the end of the day, two people did lose their lives, period," Hancock said, according to the AP. "That weapon was involved in that. That weapon doesn't belong on a mantle. It doesn't belong in a museum. It belongs where Kyle wants it, and Kyle wants it destroyed. ... There's plenty of people out there who would like to hold these items up, on both sides. That's nothing Kyle's interested in."

Kyle Rittenhouse Wisconsin Court Gun Property Returned
A lawyer representing Kyle Rittenhouse filed a motion to have the gun used in the 2020 shootings and other property belonging to the 19-year-old returned to him from police, as Rittenhouse says he wants to see it all destroyed, according to the lawyer. Above, Rittenhouse waits to continue testifying during his trial at the Kenosha County Courthouse on Nov. 10, 2021, in Kenosha, Wisconsin. Sean Krajacic/Getty Images

The court filing also requests the return of other property that has been in police custody since his arrest, including the clothing he was wearing the night of the shootings, his cell phone, along with ammunition and the sling and magazine used along with the weapon, the Kenosha News reported.

Rittenhouse, who turned 19 earlier this month, had the rifle purchased for him by a friend when he was 17 with what he and Dominick Black say was the intention for Rittenhouse to receive the gun on his 18th birthday.

Earlier this month, Black pleaded no contest to a charge of contributing to the delinquency of a minor in exchange for the prosecution dropping felony charges of intent to deliver a firearm to a minor.

He could have faced up to nine months in prison for the felony, while the lesser charge he agreed to carries just a fine.

In November, Rittenhouse was found not guilty on all charges related to the fatal shootings of Joseph Rosenbaum and Anthony Huber, and the wounding of Gaige Grosskreutz, whom he shot during protests in Kenosha, Wisconsin, in the days following the police shooting of Jacob Blake, a Black man.