Was the teenage Kenosha shooting suspect's possession of a gun protected by the Constitution?

One item really sticks out on the list of charges against Kyle Rittenhouse, the 17-year-old from Illinois arrested after two people were shot and killed during protests over the police shooting of Jacob Blake in Kenosha, Wisconsin.

Along with five felony charges that include first-degree reckless homicide and first-degree intentional homicide, Rittenhouse was also charged with a sixth felony: possession of a dangerous weapon by a person under 18. And that will give rise to an interesting defense by his lawyer — one that is not likely to succeed.

Rittenhouse’s attorney, John Pierce of Pierce Bainbridge, plans to fight the underage weapons possession, arguing that at 17, his client could be part of the “well regulated Militia” mentioned in the Second Amendment to the U.S. Constitution. Put another way, Pierce will likely argue that Wisconsin’s ban on firearms possession by 17-year-olds is unconstitutional because a 17-year-old minor is on the same Second Amendment footing as an adult.