Noah Feldman, Columnist

How Guns Twist the Logic of Self-Defense Laws

Wisconsin’s open-carry rule will help Kenosha shooter Kyle Rittenhouse make his case.

Armed counter-protesters in Utah.

Photographer: George Frey/Getty Images/Getty Images North America

You’d think it would be easy to determine whether Kyle Rittenhouse can successfully plead self-defense after killing two people and injuring a third during protests in Kenosha, Wisconsin. Turns out that it’s actually pretty complex. Here’s why: When gun rights get involved, the law tends to depart radically from common sense.

The legal framework on its own is relatively straightforward. In Wisconsin, as in many other states, you can use deadly force in self-defense if you reasonably believe it’s necessary to prevent imminent death or great bodily harm to yourself or others. You can’t avail yourself of the self-defense argument if you’ve provoked other people into attacking you.