But Rittenhouse's possession of the firearm at the time was technically legal. "Why was he there? Wisconsin law makes it a crime to provide false information to a gun dealer with the intent to purchase a firearm and then transfer it to a person prohibited from obtaining one. The civil rights attorney Ben Crump, who is representing the Blake family, falsely described Rittenhouse on Friday as a "self-declared white nationalist." Assistant U.S. Attorney Taylor L. Kraus prosecuted this case. 327 S. Church Street, Room 3300 (2) The prohibition in sub. This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Departments program to reduce violent crime. -1 23 more replies MenaFWM 1 yr. ago A straw purchase occurs when somebody purchases a firearm for another person while pretending to purchase it for personal use. The Judge gave him the break of a lifetime by obfuscating two different statues. Straw Purchase Law and Legal Definition | USLegal, Inc. Even if gun dealers dont end up following through on the transaction, a survey of a random sample of 1,601 licensed dealers during the summer of 2011 found that more than two-thirds 67.3 percent had experienced attempted straw purchases. Rittenhouse Judge Drops Illegal Gun Possession Charges Ahead - Truthout Sign up for notifications from Insider! Black said he used Rittenhouse's . They're illegal, because criminals and other people who cannot pass a background check often get other people, who can pass a background check, to buy guns for them. In the first six months of 2018, the pair caused at least 19 handguns to be purchased in Wisconsin and transported to Chicago, where Rocha and others re-sold and distributed them, the indictment states. Stay in the know. If you are being charged with making a straw purchase or with any other gun crime, contact our skilled Milwaukee criminal defense attorneys, who have defended many of these types of cases and are ready to defend you and protect your rights. What is a Straw Purchase? | Rosenthal Kalabus & Therrian Kyle Rittenhouse's trial has returned again and again to the semiautomatic rifle he used to kill two men and wound a third during the unrest in Kenosha, Wis., last year. The U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives provided assistance. Tips For Preventing Firearm Straw Purchases. The government is represented by Assistant U.S. The charges Zastrow faced stemmed from one of the guns she purchased was used in a homicide. "Straw purchasing a firearm is a federal crime with serious consequences," said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. Remington's Nylon 66 semi-automatic .22 LR rifles have grown from 1950s bargain buys to 21st century collectors darlings. This prison term will be followed by a 3-year term of supervised release. 6 Myths Surrounding the Kyle Rittenhouse Trial Debunked - Insider Official websites use .gov National Legislation would make straw purchases for firearms a felony Rockford: (815) 987-4444. A jury fully acquitted Kyle Rittenhouse on Friday, bringing a close to the high-profile and often tense trial that reflected America's deep political polarization. A "straw" purchase is a firearm purchase when one person buys the firearm with the intent of giving the gun to another person for their primary use. Schofield Man Sentenced for Straw Purchase of a Firearm Who Can't Buy a Gun in Wisconsin? Rocha was arrested in Wisconsin on Aug. 9, 2019. https://docs.legis.wisconsin.gov/2011/related/subject_index/index/f/firearms_and_dangerous_weapons, https://law.cornell.edu/uscode/text/18/922, https://law.cornell.edu/uscode/text/18/924. The 5-4 ruling allows strict enforcement of the federal ban on gun "straw purchases," or one person buying a . Merrill woman sentenced to federal prison in case stemming from homicide, Our Kids in Crisis: A Mental Health Emergency, one of the guns she purchased was used in a homicide, Wisconsin legislators ask Governor Evers to remove Milwaukee County District Attorney from duties following Waukesha tragedy, A local school district hosts school-based mental health counseling retreat, Marathon Co. corrections officer awarded sheriffs office life saving medal, Wisconsin politicians react to Roe v. Wade being overturned by U.S. Supreme Court. Lock An investigation by law enforcement revealed that she purchased these firearms for an individual who accompanied her to the store and provided her with cash at the time of purchase. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Share sensitive information only on official, secure websites. (Photo: Walkers office). Judge Conley also reasoned that a prison sentence was warranted given the defendants poor performance on pre-trial release and nominal efforts to confront her methamphetamine addiction. Rittenhouse, 18, was on trial for fatally shooting two men and injuring a third during civil unrest in Kenosha in 2020. Insider debunked six prevalent myths surrounding the high-profile and tense trial. It is a bill that would prohibit so-called "straw purchases" of firearms; it would make this practice a fourth-degree felony in New Mexico, according to a press release from the governor's office. Ashley Zastrow will serve one year and one day in federal prison for presenting herself as the buyer of the handguns when in fact she was not. The weapon Rittenhouse used to shoot the three men was obtained in what many would consider a "straw purchase" arms sale. A small number of states also penalize the actual buyer in straw purchases. May 19, 2018: Valentine purchased seven handguns from a dealer at Bob and Roccos Gun Show in Onalaska, Wisc. Buying Guns as Gifts - Legal Concerns and Best Practices Man faces 12 years for buying gun Kyle Rittenhouse used in - WISN Section 941.2905 - Straw purchasing of firearms, Wis. Stat. - Casetext But during his trial, Rittenhouse testified in court that he drove himself from his home in Illinois to Kenosha on August 24, 2020, the day before he fatally shot two men. Gifting Guns - Is It Legal - FFL License Ashley Zastrow, 32, purchased two firearms in Wisconsin Rapids on Jan. 13, 2022. In general, straw purchases are legal except in cases where the ultimate receiver of goods or services uses those . (2) The prohibition in sub. MADISON, WIS. Timothy M. OShea, United States Attorney for the Western District of Wisconsin, announced that Ashley Zastrow, 32, Merrill, Wisconsinwas sentenced yesterday by U.S. District Judge William M. Conley to 1 year and 1 day in federal prison formaking false statements during the purchase of two firearms. It is legal to purchase a firearm as a gift for another, since you are actually buying the firearm for yourself to gift to another. Video of 17-year-old Kyle. SCOTUS: "Straw" purchase prohibition applies even when true purchaser CHICAGO Two men have been indicted on federal firearm charges for conspiring to straw purchase 19 handguns in Wisconsin and re-sell them in Chicago. Each count of the indictment is punishable by a maximum sentence of five years in prison. MADISON, WIS. - Timothy M. O'Shea, United States Attorney for the Western District of Wisconsin, announced that Ashley Zastrow, 32, Merrill, Wisconsin was sentenced yesterday by U.S. District Judge William M. Conley to 1 year and 1 day in federal prison for making false statements during the purchase of two firearms. Dept. GRGB Law serves people in the greater Milwaukee area and all of SE Wisconsin, as well as Midstate Wisconsin and throughout the state, including: You do not have JavaScript enabled. In the lawsuit, Ellison ask for "strengthened oversight of Fleet Farm's operations and increased training to prevent sales of guns to straw purchasers." The attorney general also wants Fleet Farm . America Should Be Prosecuting Straw Purchasers, Not Gun Dealers Here are the states where residents will pay the biggest share of their income I never realized: Airbnb hosts warn of scam taking advantage of Shark Tanks Kevin OLeary blasts Ocasio-Cortez: She kills jobs by the Florida bill would require bloggers to register before writing about DeSantis, Trump collaborates on song with Jan. 6 defendants. If convicted, the Court must impose reasonable sentences under federal statutes and the advisory U.S. Judge Conley also reasoned that a prison sentence was warranted given the defendants poor performance on pre-trial release and nominal efforts to confront her methamphetamine addiction. Merrill woman sentenced for making false statements while purchasing firearms, Liverpool and United call on fans to stop 'tragedy chanting', Rangers, Bruins among winners at close of NHL trade deadline, Skier Shiffrin's quest for 86th win extended after downhill, Jin Young Ko leads by 2 after 3rd round at LPGA Singapore, Western Illinois plays in Summit Tournament against the St. Thomas, Washington St. stuns No. Who Can Be Held Liable for Winter Truck Accidents. You have permission to edit this article. Chicago, IL 60604 When a bipartisan group of 20 senators announced a framework deal for gun-related legislation on Sunday, it said one point of the nine-pronged proposal cracks down on people who illegally straw purchase and traffic guns. Home Press Releases Dept. Error! Perhaps the most persistent myth surrounding the case is the idea that Rittenhouse, then 17, brought an AR-15 across state lines. Straw Purchase Lawyers | LegalMatch First things first, if you have reasonable cause to believe the person you're gifting a firearm to is prohibited from possessing . Zastrow Sentenced for Straw Gun Purchase | WDEZ 101.9 FM Great Country 941.2905 Straw purchasing of firearms. Stay up to date with what you want to know. A straw purchaser can be identified as a person with a clean background who purchases firearms specifically on behalf of a person prohibited from purchasing a firearm because that prohibited person is a convicted felon, domestic violence misdemeanant, juvenile, an individual who has been adjudicated mentally ill or one who is prohibited for other Rittenhouse, 18, who was not charged with murder, faced charges of first-degree reckless homicide, first-degree intentional homicide, and attempted first-degree intentional homicide for fatally shooting two men and injuring a third during protests in Kenosha, Wisconsin, in August 2020, following the police shooting of Jacob Blake. State laws punishing straw purchases vary. Zastrow Sentenced for Straw Gun Purchase | 95.5 WIFC I have no answer. Huber's great aunt, Susan Hughes, also testified at Rittenhouse's trial, saying Huber knew Jacob Blake personally and was upset by his shooting. In reality, Valentine was a straw purchaser who knowingly bought the guns at the direction of FRANCISCO ROCHA, a Chicago resident who identified which firearms he wanted and paid Valentine a premium over the list prices, the indictment states. MADISON, WI (WSAU) A Merrill woman has been sentenced for making false statements to secure the purchase of two firearms, a practice known as a straw purchase. A 2015 survey of gun owners conducted by researchers at Harvard and Northeastern universities estimated that as many as 380,000 weapons are lost or stolen each year. This offense is known as a straw purchase. The person Zastrow provided the firearms is prohibited by law from possessing firearms as a result of previous felony convictions and allegedly used one of the firearms purchased by Zastrow to commit a homicide. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. Generally, secretly purchasing a gun on someone else's behalf from a gun dealer, called a straw purchase, is illegal. To complete the purchase,she represented that she was the actual buyer of these firearms when in fact she was not. This is illegal. . Judge Conley also reasoned that a prison sentence was warranted given the defendants poor performance on pre-trial release and nominal efforts to confront her methamphetamine addiction. The governor and Lane are supporting House Bill 306. Federal law criminalizes making false statements about a material fact on ATF forms and criminalizes presenting false identification when purchasing a firearm. Straw buying is a felony in progressive Connecticut, albeit one in the second-least-serious order of felonies. Since then, a number of straw buyers have faced a mandatory five-year minimum sentence under its guidelines. The U.S. Supreme Court delivered a major victory to gun control advocates on Monday. FAQ | Dontlie.org The bill, SB 408, was among 41 signed by the Republican without comment this week. Bipartisan New Mexico bill would make firearm straw purchases a state NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. He was ordered released on bond, and a status hearing was scheduled for Sept. 17, 2019, before U.S. District Judge John Z. Lee. Only 11 States Require Gun Owners to Report Stolen Weapons to Police Learn how you can help drug endangered children. March 8, 2018: Valentine purchased three handguns at Gander Outdoors in Onalaska, Wisc. MADISON, WI (WSAU) A Schofield man will serve two years in federal prison for making false statements to secure the purchase of a firearm for another man. The gun seller can also be held liable under 18 U.S.C. Although there are exceptions, generally all firearm purchasers must be at least 21 years of age to purchase any firearm. Email notifications are only sent once a day, and only if there are new matching items. In sentencing Zastrow, Judge Conley stated that she made a disastrous choice to transfer firearms to a prohibited person and could not ignore the fact that this choice contributed to a womans death. Straw Purchasers of Firearms Face Serious Charges This case is the latest example of the daily work police officers, federal agents and United States Attorneys are doing to safeguard communities and create a culture of accountability for gun offenders.. Straw purchasing firearms is not a victimless crime, said FBI Assistant SAC Larry L. Lapp. At Rosenthal Kalabus & Therrian, our top-rated Collin County criminal lawyers have extensive experience handling federal firearms cases. MADISON, WIS. Timothy M. OShea, United States Attorney for the Western District of Wisconsin, announced that Ashley Zastrow, 32, Merrill, Wisconsin was sentenced yesterday by U.S. District Judge William M. Conley to 1 year and 1 day in federal prison for making false statements during the purchase of two firearms. Danzy, 29, is the alleged "straw purchaser" of the weapon that was used to fatally shoot Officer French and seriously wound her partner, who had. The indictment describes seven firearm transactions in Wisconsin: Holding straw purchasers accountable through federal prosecution is a centerpiece of Project Safe Neighborhoods the Department of Justices violent crime reduction strategy. The PSN approach involves collaboration by federal, state, and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence. In Wisconsin it's illegal for any one under 18 to have any kind of dangerous weapon. Purchasing firearms for people prohibited from owning them, commonly known as straw purchases, would be a felony in Wisconsin if a newly introduced bill is passed into law. Scott Walker on Wednesday approved a measure touted as making it easier to prosecute illegal straw purchasing of firearms in the state. Graap is charged with first-degree intentional homicide, first-degree reckless homicide, possessing a firearm as a convicted felon, and two counts of second-degree recklessly endangering safety. In order to complete the purchase of these firearms, she represented that she was the actual buyer of these firearms when in fact she was not. Straw purchases are deemed a federal crime, punishable by up to 10 years in prison and a fine of up to $250,000. A straw purchase occurs when somebody purchases a firearm for another person while pretending to purchase it for personal use. Tips For Preventing Firearm Straw Purchases - Orchid LLC Top editors give you the stories you want delivered right to your inbox each weekday. Sean Krajacic/The Kenosha News via AP, Pool, NOW WATCH: VIDEO: Kyle Rittenhouse breaks down crying at his homicide trial, threw out a count of possession of a dangerous weapon, Rosenbaum had been released from a hospital, did issue a "call to arms" ahead of the violence, Rittenhouse went to a bar in Mount Pleasant, Wisconsin. However, you should beware of what is known as a straw purchase, which is illegal. There was a problem saving your notification. Circumstantial vs. May 13, 2018: Valentine purchased two handguns at Ace Hardware in La Crosse, Wisc. K-Mart Classics: Remingtons Nylon Rimfires Engineered To Last. Dept. of Justice: Merrill woman sentenced to prison - wisbusiness.com Dominick Black, a friend of Rittenhouse who was 18 at the time, testified earlier in the trial that Rittenhouse paid him to buy the rifle from a hardware store in Wisconsin back in May 2020. After providing personal information, question 21 - made up of 11 "yes" or "no" sub-questions - begins by asking "Are you the actual transferee/buyer of the firearm (s) listed on this form . A judge ordered the release Wednesday of the Indiana man charged by the feds with acting as the so-called straw purchaser of the gun that killed Chicago Police Officer Ella French and drew the ire of the city's top cop. PDF 2021 California Firearms Laws Summary - Attorney General of California Rittenhouse testified that he and Black went downtown because they were invited to guard the Car Source, a Kenosha car dealership, during the unrest and were under the impression they were going to be paid. This person was unable to legally possess a gun because of a previous felony conviction. Law enforcement agents call people who buy guns for those who aren't legally . THE HILL 1625 K STREET, NW SUITE 900 WASHINGTON DC 20006 | 202-628-8500 TEL | 202-628-8503 FAX. The charge against Zastrow was the result of an investigation conducted by the Lincoln County Sheriffs Office, Merrill Police Department, andFederal Bureau of Investigation, with the assistance of the Marshfield Police Department. Alleged Straw Purchaser of Gun Used to Kill Officer Ella French to Be In the Northern District of Illinois, U.S. Attorney Lausch and law enforcement partners have deployed the PSN program to attack a broad range of violent crime issues facing the district, including by prosecuting individuals who illegally purchase firearms. An indictment. firearms dealer can deliver the firearm to the purchaser. Democrats hope they can bring a gun violence package to the floor the week of June 20. Access your favorite topics in a personalized feed while you're on the go. Giving someone a firearm carries a certain level of legal responsibility that does not come with gifting iPads or socks. ROCKFORD A federal judge has sentenced a Rockford man to five years and four months in federal prison for illegally possessing a firearm in Rockford, to be followed by ROCKFORD A former inmate of the United States Penitentiary in Thomson, Ill. was sentenced today to more than seven years in federal prison for assaulting a federal correctional officer. While straw buying is primarily prosecuted on the federal level, Wisconsin is not the first state to recently adopt their own statutes on the crime. The charge against Zastrow was the result of an investigation conducted bythe Lincoln County Sheriffs Office, Merrill Police Department, and Federal Bureau of Investigation, with the assistance of the Marshfield Police Department.". It is classified as a serious crime in Illinois (Class 2 felony), but police rarely. The charge against Zastrow was the result of an investigation conducted bythe Lincoln County Sheriffs Office, Merrill Police Department, and Federal Bureau of Investigation, with the assistance of the Marshfield Police Department. With other recent changes in the law, straw purchases, and people charged with other gun crimes, now face severe criminal penalties. How Kyle Rittenhouse Got His Gun - The New York Times MADISON (WJFW) - A Merrill woman was sentenced on Thursday to one year and one day in prison for making false statements during the purchase of two firearms. Merrill woman sentenced for making false statements while purchasing In civil lawsuit, Ellison alleges Fleet Farm sold guns to straw buyers This is not the same thing as purchasing a firearm as a genuine, bonafide gift. According to Kenoshanews. Resolving a split between federal circuit courts of appeal, the Supreme Court holds that the prohibition in 18 U. S. C. 922 (a) (6) against making false statements about "any fact material to the lawfulness of the sale" of a firearm applies to a "straw" purchasera person who buys a gun on someone else's behalf while falsely . Kyle Ritchie was found guilty of buying four guns from a licensed dealer in Wausau last year by representing himself as the actual buyer. This offense is known as a straw purchase. The person Zastrow provided the firearms is prohibited by law from possessing firearms as a result of previous felony convictions and allegedly used one of the firearms purchased by Zastrow to commit a homicide. Instead, Ritchie passed the guns off to Victor Pennington in exchange for meth. Walker signed the measure bumping up the penalty for an illegal straw purchase of a gun under Wisconsin law from nine months to six years in prison. Just hours before the protests, Rosenbaum had been released from a hospital following psychiatric care for a suicide attempt. Black is now being prosecuted for participating in the illegal straw purchase of the weapon on behalf of Rittenhouse. Sentencing Guidelines. States such as Ohio, Nebraska, Oregon, and Delaware have individual straw purchase laws. Prosecutors had said they wanted Jamel Danzy held in custody, and a detention hearing had been set for Wednesday. In addition, the measure carries a mandatory minimum of four years in prison for repeat offenders involved in firearm-related crime if they are charged with three subsequent misdemeanors or one felony within a five-year period. A straw purchase is someone intentionally avoiding a background check, a waiting period, or is too young to purchase the gun in the first place. Epic 22 Pocket Pistol: The Beretta 71 Jaguar. In 2012, Pennsylvania established the so-called Brad Fox Law named after a police officer shot in the head by a felon who had illegally purchased a gun through a third party. FOND DU LAC, Wis. - Attorney General Josh Kaul today announced that criminal charges have been filed against Denell Logan for first degree intentional homicide, felon in passion of a firearm, repeater, and possession of THC, repeater. U.S. Attorney's Office, Northern District of Illinois, Law Enforcement Coordinating Committee (LECC), Two Men Indicted in Scheme to Straw Purchase Firearms in Wisconsin and Re-Sell Them in Chicago, Federal Judge Sentences Rockford Man to More Than Five Years in Prison for Illegally Possessing Firearm in Rockford, Federal Inmate Sentenced to More Than Seven Years in Prison for Assaulting Federal Correctional Officer, Chicago Man Sentenced to Eight Years for Setting Fire to Cell Phone Store, Two Men Indicted In Scheme To Straw Purchase Firearms In Wisconsin and Re Sell Them In Chicago. A straw purchase is when you purchase a firearm at the behest of another person. Jones or an intermediary told the straw purchasers which firearms to buy and provided the money for the purchases. He said he had gone downtown the night of August 25, 2020 and dozens of other nights that summer to provide medical aid to anyone in need, regardless of political affiliation. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Pennington is prohibited from purchasing a firearm due to multiple felony convictions in the state of Wisconsin. The backers of the proposal, which passed the legislature on a voice vote, say the move was requested by the Milwaukee Police Department. Rittenhouse straw purchase case collapses, friend offered plea deal Good luck with that. A "Kenosha Guard" militia group on Facebook did issue a "call to arms" ahead of the violenceon August 25. Wisconsin resident KIRK VALENTINE purchased the firearms at retail stores, pawn shops and gun shows, and falsely certified on required forms that he was the actual buyer, according to an indictment returned in U.S. District Court in Chicago. The bill, SB 408, was among 41 signed by. I ask myself that question every day," she told the outlet. In a November CNN interview, Democratic Rep. Karen Bass of California propagated the falsehood, alleging that Wendy accompanied her son over state lines so he could help law enforcement amid the unrest. Rittenhouse lived about 20 minutes outside of Kenosha, in Antioch, Illinois. On one hand, a straw purchase is when one person buys a gun for someone else who cannot buy one, because they cannot pass a background check. How Old Do You Have to be to Buy a Gun in Wisconsin? After he pleaded not guilty to the initial charges in January 2021, prosecutors said Rittenhouse went to a bar in Mount Pleasant, Wisconsin, where he posed for photos with members said to be of the Proud Boys while flashing a "white power" hand signal.