State laws punishing straw purchases vary. Zastrow's prison term will be followed by a 3-year stint on supervised release. A straw purchase occurs when somebody purchases a firearm for another person while pretending to purchase it for personal use. Scott Walker on Wednesday approved a measure touted as making it easier to prosecute illegal straw purchasing of firearms in the state. The two reportedly agreed that Black would keep the gun until Rittenhouse turned 18 in January 2021, according to court testimony. Rittenhouse and his friend, Dominick Black, testified that Black, who was 18 at the time, used Rittenhouse's money to purchase the weapon at a Wisconsin hardware store in May 2020. March 23, 2018: Valentine purchased two handguns from a dealer at Bob and Roccos Gun Show in Onalaska, Wisc. By signing up you agree to Guns.com's Direct Evidence in Wisconsin Criminal Cases. During a trip to Black's family's hunting property in May 2020, Black agreed to buy a rifle for Rittenhouse, who was 17 and couldn't lawfully buy or possess one. A straw purchase is one in which one Person "A" buys a firearm for Person "B", at Person "B's" request. (1) Whoever intentionally furnishes, purchases, or possesses a firearm for a person, knowing that the person is prohibited from possessing a firearm under s. 941.29 (1m), is guilty of a Class G felony. ) or https:// means youve safely connected to the .gov website. Sign up for notifications from Insider! The PSN approach involves collaboration by federal, state, and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence. During this 10-day waiting period, the DOJ conducts a firearm eligibility background check to ensure the purchaser is not prohibited from lawfully possessing firearms. 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. 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. 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. 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 lock ( Federally licensed firearm dealers are required to perform background checks for those seeking to buy a firearm. Danzy was released on a $4,500 unsecured bond. 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. Since then, a number of straw buyers have faced a mandatory five-year minimum sentence under its guidelines. Valentine, 23, of La Crosse, Wisc., and Rocha, 28, are charged with conspiracy to deal firearms without a license, and unlawfully dealing and importing firearms. Short answer: it depends. Every time the left tries to harm innocent law abiding citizens, it runs the risk of conservative Americans lashing out. 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. During the investigation, law enforcement utilized ATFs National Integrated Ballistic Information Network. Access your favorite topics in a personalized feed while you're on the go. 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.. Of the over 140 firearms trafficked by Jones and his co-conspirators between early 2020 and mid-2021, approximately 45 were recovered at crime scenes primarily in Philadelphia. The judge noted that the prosecution did not find any evidence of his affiliation with a white supremacist group in phone records or social media history, and as Michelle Mark previously reported, ruled the trip to the bar was not relevant to the 2020 shooting. A straw purchase, as defined by the Bureau of Alcohol, Tobacco, Firearms and Explosives, involves someone who purchases a gun for someone who is prohibited by law from possessing one or. Firearms dont get much more iconic than John Moses Brownings legendary Auto-5 semi-auto shotgun, affectionately called the Humpback for its distinctive drop at the rear of the receiver. 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. May 19, 2018: Valentine purchased seven handguns from a dealer at Bob and Roccos Gun Show in Onalaska, Wisc. 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. Straw buying is a felony in progressive Connecticut, albeit one in the second-least-serious order of felonies. The law raises the maximum penalty for the illegal straw purchasing of guns under state law from a $10,000 fine and nine months in jail to six years in prison. Each count of the indictment is punishable by a maximum sentence of five years in prison. 922(d) if the seller knew or had reason to know that the person buying the gun is a criminal or otherwise prohibited buyer. For instance, if a father were to buy his son a firearm and didn't plan on being the owner and primary user of the weapon himself, it would qualify as a straw purchase. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Judge William Conley said Ritchie knew he was purchasing guns for a known drug dealer, which warranted a prison sentence even though he has no prior sentences on his record. 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. 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. Rittenhouse's defense attorneys characterized Rosenbaum as a "rioter," and even the lead prosecutor said in his closing statement he would have prosecuted Rosenbaum for arson had he not been fatally shot. . 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. 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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. Fighting violent crime is a top priority in our office, and we are committed to holding accountable those who engage in illicit firearm transactions.. A small number of states also penalize the actual buyer in straw purchases. 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. This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Departments program to reduce violent crime. MADISON, Wis. (WAOW) A 32-year-old Merrill woman was sentenced to 1, year, 1-day in federal prison on Friday formaking false statements during the purchase of two firearms. A popular rumor that spread following the August 2020 shootings was the idea that Rittenhouse's mother, Wendy Rittenhouse, drove her teenaged son to the protests. According to a press release form the Western District of Wisconsin U.S. Department of Justice: An investigation by law enforcement revealed that Zastrow purchased these firearms for someone who accompanied her to the store and provided her with cash at the time of purchase. Earlier this week, Judge Bruce Schroeder threw out a count of possession of a dangerous weapon by a person under 18 after Rittenhouse's defense argued the rifle was not short-barreled, capitalizing on an exception to the Wisconsin statute involving the barrel length of a gun. Straw purchasing firearms is not a victimless crime, said FBI Assistant SAC Larry L. Lapp. Chicago, a much larger city but with similarly high murder rate, recovered 247 guns per 100,000 people. The straw purchaser violates both of these laws by pretending to be the actual gun buyer when the purpose is to give the gun to another. Tony Evers. The charges Zastrow faced stemmed from one of the guns she purchased was used in a homicide. Email notifications are only sent once a day, and only if there are new matching items. 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. 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. (2) The prohibition in sub. Graap allegedly used one of those firearms to fatally shoot and kill Kayla Frank. But a GOP aide involved in the negotiations told The Hill on Sunday that the deal is an agreement on principles, not legislative text and that some of the principles could be dropped if lawmakers do not agree to a final text. 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 PSN approach involves collaboration by federal, state, and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence. As far as straw purchases go, you stand in for someone. There are two federal statutes under which straw purchases are usually prosecuted: 18 U.S.C. Help us combat the proliferation of sexual exploitation crimes against children. of Justice: Merrill woman sentenced to prison for making false statements during purchase of firearms, WisPolitics luncheon with Gov. Straw purchases are deemed a federal crime, punishable by up to 10 years in prison and a fine of up to $250,000. as well as other partner offers and accept our. A straw purchase is when you purchase a firearm at the behest of another person. 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. Nov. 10, 2021. Prosecutors had said they wanted Jamel Danzy held in custody, and a detention hearing had been set for Wednesday. Project Safe Neighborhoodsis a nationwide initiativeto reduce gun violence and violent crime in neighborhoods across the country. Johnson. 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. 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. 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. At Rosenthal Kalabus & Therrian, our top-rated Collin County criminal lawyers have extensive experience handling federal firearms cases. Court documents showed the Smith & Wesson M&P 15 rifle was purchased by Black on May 1 at Ladysmith Ace . On January 13, 2022, Zastrow purchased two firearms in Wisconsin Rapids. Need Help?service@guns.comCall (866)582-4867, PO Box 1131 13800 Nicollet Blvd Burnsville, MN 55337 2023Guns.com. A straw purchase or nominee purchase is any purchase wherein an agent agrees to acquire a good or service for someone who is often unable or unwilling to purchase the good or service themselves, and the agent transfers the goods or services to that person after purchasing them. States such as Ohio, Nebraska, Oregon, and Delaware have individual straw purchase laws. 922(a)(6) and 18 U.S.C. 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. The two reportedly agreed that Black would keep the gun until Rittenhouse turned 18 in January 2021, according to court testimony. She was making the buyfor an individual who accompanied her to the store and provided her with cash at the time of purchase. According to Kenoshanews. In Wisconsin it's illegal for any one under 18 to have any kind of dangerous weapon. This indictment demonstrates the FBIs commitment to working with our law enforcement and prosecutorial partners to help stop the flow of illegal guns into our neighborhoods., We are going to continue to use the full weight of the Chicago Police Department and U.S. Justice Department to send a clear message that we will not tolerate the proliferation and use of illegal guns in Chicago, said CPD Supt. It is classified as a serious crime in Illinois (Class 2 felony), but police rarely. You should know the laws that apply to buying firearms as gifts for another person. Stay up to date with what you want to know. But Rittenhouse's possession of the firearm at the time was technically legal. Federal law criminalizes making false statements about a material fact on ATF forms and criminalizes presenting false identification when purchasing a firearm. 941.2905 Straw purchasing of firearms. Wisconsin Gov. K-Mart Classics: Remingtons Nylon Rimfires Engineered To Last. 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. 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. Share sensitive information only on official, secure websites. Have a question about Government Services? 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. First Criminal Conviction for Spoofing May Increas New Challenge to the Informing the Accused Form, Foiled Crimes: The Crime of Attempt in Wisconsin, Welfare Drug Testing and the Constitution. 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. 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. A straw purchase typically involves one person buying a gun for someone else, usually because the other person cannot pass a background check or does not want a record of the purchase in their name. How Can Employers Avoid Accusations of Wrongful Termination? 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. 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. Rockford, IL 61101, Chicago: (312) 353-5300 Any violations of these laws can result in a 10-year prison sentence and fines up to $250,000. A straw purchase occurs when somebody purchases a firearm for another person while pretending to purchase it for personal use. During sentencing, Judge William M. Conley said that she made a 'disastrous' choice to transfer firearms to a felon and he could not ignore that it allegedly contributed to a woman's death. I have no answer. 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. This person was unable to legally possess a gun because of a previous felony conviction. 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. Generally, secretly purchasing a gun on someone else's behalf from a gun dealer, called a straw purchase, is illegal. was on the University of Wisconsin Pistol Team for four . Assembly Bill 524 and its counterpart, Senate Bill 408, were introduced in August by state Rep. Joe Sanfelippo, R-New Berlin, and Sen. Alberta Darling, R-River Hills. This prison term will be followed by a 3-year term of supervised release. . Someone makes a straw purchase when they purchase a gun on behalf of someone else who may not be . Assistant U.S. Attorney Taylor L. Kraus prosecuted this case. Should I Move Out of My Home During My Divorce? without the transfer creating a "straw purchase". An indictment. According to Kyle The Answer to this is no. Straw purchase is a purchase where a purchaser knowingly acquiring an item or service for someone. We'll send breaking news and news alerts to you as they happen! Error! Court documents allege Rittenhouse retrieved the gun from Black's stepfather's house in Kenosha on Aug. 25, 2020, and that Rittenhouse and Black went together, armed, to protests in downtown . Despite the federal prohibition and state-level legislation, many gun control advocates and experts say the illegal transactions still happen regularly. Attorneys Albert Berry III and Elizabeth Pozolo. Western Division Perhaps the most persistent myth surrounding the case is the idea that Rittenhouse, then 17, brought an AR-15 across state lines. Charges were also filed against Callie Bender for two counts of straw purchase of a firearm, one count of aiding a felon and one count of possession of THC. Rocha was ordered to remain in federal custody pending a detention hearing on Sept. 10, 2019, at 1:30 p.m. Valentine self-surrendered to the Court on Aug. 5, 2019. Gifting vs Straw Purchasing. If convicted, the Court must impose reasonable sentences under federal statutes and the advisory U.S. Kyle gifted the money to Dominic Black to Purchase the firearm for himself then do a private sale one Kyle had turned 18. Two Minnesotans were recently charged and convicted for committing the crime. Chicago, IL 60604 Both the purchaser and the intended buyer are criminally liable under these statutes; the actual buyer is criminally liable for aiding and abetting the straw purchase, and for causing another to make false statements. Commercial Contract Review, Drafting, and Negotiation, Employment Contracts and Non-Compete Agreements, Data Breaches / Cybersecurity Civil Defense, Identity Theft / Internet Fraud Charges Defense, Governmental Licensing, Compliance and Administrative Review, Professional Licensing and Disciplinary Defense. The campaign was designed to prevent and discourage illegal straw purchases. Ashley Zastrow, 32, from Merrill, purchased two firearms in Wisconsin Rapids on Jan. 13, 2022. Tips For Preventing Firearm Straw Purchases. The prosecution argued as such. Seven states have laws that penalize sellers who transfer firearms to traffickers under certain circumstances, according to Giffords, a gun violence advocacy group. Making sure that victims of federal crimes are treated with compassion, fairness and respect. But as Rittenhouse testified, the teenager drove himself to Kenosha ahead of the protests. This prison term will . 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. When transferring or purchasing a firearm, individuals must complete an ATF Form 4473. The public is reminded that an indictment is not evidence of guilt. 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. of Justice: Merrill woman sentenced to prison for making false statements during purchase of firearms. Straw Purchase Law and Legal Definition. The Judge gave him the break of a lifetime by obfuscating two different statues. April 13, 2018: Valentine purchased a handgun at Big Rooster Firearms in Sparta, Wisc. Rittenhouse lived about 20 minutes outside of Kenosha, in Antioch, Illinois. Anthony Huber's girlfriend told the New York Post that she and Huber, 26, were protesting that night. 924(a)(1)(A). 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. Home Press Releases Dept. One thing is clear; whether you face federal charges or state charges, being accused of making a straw purchase can carry lengthy prison sentences and result in a felony conviction with substantial fines.
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