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Kyle Rittenhouse is heading back to the courtroom

Kyle Rittenhouse during his trial in Kenosha Circuit Court, Nov. 2, 2021 in Wisconsin. (Mark Hertzberg/Pool/Zuma Press/TNS)
January 21, 2022

Kyle Rittenhouse, who fatally shot two men in self-defense during a riot in Kenosha, Wisconsin in 2020, is seeking the return of his AR-15 and other property that was seized by law enforcement following his arrest.

Mark Richards, Rittenhouse’s attorney, filed a motion with the Kenosha County Circuit Court on Wednesday asking for the firearm to be returned to his client. Kenosha News reported that Richards explained Rittenhouse wants his AR-15 back so it can be destroyed.  

Rittenhouse spokesman Dave Hancock told a Kenosha News reporter in a text that the motion was necessary “legal process … The DA (Kenosha County district attorney) must return his belongings. When the rifle is returned, it will be destroyed.”

A hearing is set for Jan. 28 in front of Judge Bruce Schroeder.

Hancock has previously said, “There’s nothing to celebrate about that weapon; there isn’t. Kyle has no interest and no want to recover that weapon, and absolutely no interest to sell it or anything.”

In addition to the firearm, Rittenhouse is seeking other items that were taken by police, including ammunition, the gun’s sling, the magazine, his iPhone, a cloth face mask, a $1 bill, and the clothing he was wearing at the time of the shootings.

Wisconsin law requires seized property to be returned to the accused if they are found not guilty or if charges are dropped; however, if a firearm is seized, a hearing must be held before it is returned.  

“If the seized property is a firearm … and a person claiming the right to possession of the firearm has applied for its return … the court shall order a hearing … to occur within 20 business days after the person applies for the return,” the law states. If the court finds “the person is not prohibited from possessing a firearm under state or federal law as determined … the court shall, within 5 days of the completion of the hearing and using a return of firearms form developed by the director of state courts, order the property returned.”

Last month, during an appearance on The Charlie Kirk Show, Rittenhouse said he didn’t “want anything to do with” the AR-15 that he used in self-defense.

The teen had broken down in tears during his trial as he described using the weapon to kill two men and injure a third in self-defense. His lawyers later revealed that the teen was suffering from PTSD as a result of the incidents.