MADISON, Wis. (CBS/ AP) — A judge has declined to dismiss a weapons charge against Kyle Rittenhouse who is accused of shooting three people during a protest against police brutality in Wisconsin last year.

Prosecutors charged Rittenhouse with homicide and other crimes, including being a minor in possession of a firearm, after he killed two men and wounded a third during the August 2020 protest in Kenosha.

His attorneys on Tuesday asked Judge Bruce Schroeder to throw out the firearm charge, arguing that it only applies if the minor is carrying a short-barreled rifle.

Rittenhouse used an AR style semiautomatic rifle. Schroeder refused to dismiss the charge but said he might reconsider.

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