First things first, if you have reasonable cause to believe the person you're gifting a firearm to is prohibited from possessing . Chicago, a much larger city but with similarly high murder rate, recovered 247 guns per 100,000 people. Ashley Zastrow, 32, purchased two firearms in Wisconsin Rapids on Jan. 13, 2022. Straw Purchase Law and Legal Definition. The bill, SB 408, was among 41 signed by the Republican without comment this week. 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. 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. Rittenhouse was also charged with reckless endangerment of two additional men. A straw purchase is when you purchase a firearm at the behest of another person. 922(a)(6) prohibits any person from making false written or oral statements regarding any material fact in the sale of a firearm or ammunition to a licensed importer, manufacturer, dealer, or collector of firearms. The bill, SB 408, was among 41 signed by. 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. On January 13, 2022, Zastrow purchased two firearms in Wisconsin Rapids. With no legislative text, the specifics of a crackdown on straw purchases remain unclear. 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. of Justice: Merrill woman sentenced to prison for making false statements during purchase of firearms. 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. Every cowboy needs a revolver. 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 general, straw purchases are legal except in cases where the ultimate receiver of goods or services uses those . 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. But as Rittenhouse testified, the teenager drove himself to Kenosha ahead of the protests. But Rittenhouse has never publicly identified as a member of any extremist group. 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. 941.2905 Straw purchasing of firearms. Rockford, IL 61101, Chicago: (312) 353-5300 . You have permission to edit this article. We'll send breaking news and news alerts to you as they happen! Rocha was arrested in Wisconsin on Aug. 9, 2019. 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. His legal team said Rittenhouse did not know who the men were or what group they were affiliated with and was unfamiliar with the hand symbol's meaning. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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 for someone who does not want their name associated with the transaction. As far as straw purchases go, you stand in for someone. 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. But those background checks and records involve the purchaser of the firearm and not always the ultimate user of the gun. Answer (1 of 29): This will just be another embarrassing moment for the left's ridiculous attempts to convict someone for something that was completely legal. The U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives provided assistance. It is a serious danger to our communities. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Home Press Releases Dept. Gaige Grosskreutz, a then-27-year-old EMT who survived being shot by Rittenhouse, testified during the trial, telling the jury that he frequently attended demonstrations as a volunteer medic and chose not to affiliate with any particular side. Top Ukrainian intelligence official: Russia will run out of military Watch live: White House monkeypox response team holds briefing, Do Not Sell or Share My Personal Information. Section 941.2905 - Straw purchasing of firearms (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. The government is represented by Assistant U.S. By: Camden R. Webb & Charles E. "Chuck" James, Jr. A Wisconsin gun shop, Badger Guns, has been held liable for almost $6 million for injuries to two police officers who were shot with a gun purchased at the shop. The individual is also accused of using one of the weapons to commit a homicide. 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. 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. 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. Who Can Be Held Liable for Winter Truck Accidents. 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. Seven years earlier, a study found as many as half of dealers from large U.S. cities expressed a willingness to participate in such a purchase. "We are doubling down on our efforts across the DMV to prosecute any and all straw purchasing cases. . 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. Licensed dealers also are required under federal law to maintain records on their gun sales and make them available to law enforcement for inspection. This prison term will be followed by a 3-year term of supervised release. 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 . When transferring or purchasing a firearm, individuals must complete an ATF Form 4473. Straw purchasing is when someone buys a gun for another person who isn't legally allowed to own one, such as felons. 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. During the investigation, law enforcement utilized ATFs National Integrated Ballistic Information Network. 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. The offense is known as a 'straw purchase.' 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. NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. According to Kenoshanews. The gun seller can also be held liable under 18 U.S.C. If convicted, the Court must impose reasonable sentences under federal statutes and the advisory U.S. It is this intent that matters. Johnson. But any violation of the Gun Control Act, 1968 make the . 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. Top editors give you the stories you want delivered right to your inbox each weekday. Thanks to Governor Walker, prosecutors should be able to make gun charges stick and get dangerous criminals off the streets.. 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. 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. By clicking Sign up, you agree to receive marketing emails from Insider Generally, secretly purchasing a gun on someone else's behalf from a gun dealer, called a straw purchase, is illegal. When a person buys a gun intending to later sell it to someone else, the government often prosecutes the initial buyer under 18 U.S.C. He was acquitted on all counts. We are tired of t. Stay in the know. However, you should beware of what is known as a straw purchase, which is illegal. 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. If you were arrested or charged with a crime in connection to an alleged straw purchase, we can help. Chicago, IL 60604 There was a problem saving your notification. The statement signed by 10 Senate Republicans indicates the legislation has a good chance of avoiding a legislative filibuster, the 60-vote threshold required for most bills. Good luck with that. Danzy was released on a $4,500 unsecured bond. Gun control groups have long called attention to the impact on gun violence of straw purchases, a term with which many may be unfamiliar. 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. This crime is being prosecuted more vigorously as of late, and comes with a potential for a very long prison sentence. 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. The person purchase on behalf of other when the other person is unable to purchase the item or service themselves is not considered as an illegal act. Nov. 10, 2021. If the end recipient is not disclosed to the gun dealer/seller, they cannot run the background check for the actual purchaser/owner. Similarly, those acting as a human holster for a criminal would be subject to a felony. 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. 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 family has a 13-acre property with an old gravel pit used as a gun range. 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. Tony Evers. Learn how you can help drug endangered children. 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. Here's what it's like to shoot this classic scattergun. An investigation by law enforcement revealed that she purchased the firearms from an individual who accompanied her to the store and provided her with cash at the time of the purchase. 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. May 13, 2018: Valentine purchased two handguns at Ace Hardware in La Crosse, Wisc. . Every time the left tries to harm innocent law abiding citizens, it runs the risk of conservative Americans lashing out. The new law makes it a Class H felony in the state to purchase a gun with the intent to give it to someone prohibited from possessing a firearm or to act as a human holster by holding a weapon for a criminal. Straw purchasing firearms is not a victimless crime, said FBI Assistant SAC Larry L. Lapp. Who Can't Buy a Gun in Wisconsin? How Can Employers Avoid Accusations of Wrongful Termination? You are the original buyer, yet you have no intent to own the gun. An indictment. Ashley Zastrow, 32, from Merrill, purchased two firearms in Wisconsin Rapids on Jan. 13, 2022. On January 13, 2022, Zastrow purchased two firearms in Wisconsin Rapids. The agreement follows days of closed-door talks after a string of high-profile mass shootings, including at an elementary school in Uvalde, Texas, and a supermarket in Buffalo, N.Y. Section 18 U.S.C. He was ordered released on bond, and a status hearing was scheduled for Sept. 17, 2019, before U.S. District Judge John Z. Lee. Minnesota Attorney General Keith Ellison on Wednesday filed a civil lawsuit against Wisconsin-based retailer Fleet Farm for allegedly selling guns to straw purchasers, including a man who. 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. At Rosenthal Kalabus & Therrian, our top-rated Collin County criminal lawyers have extensive experience handling federal firearms cases. He pleaded not guilty during his arraignment that day in federal court in Chicago before U.S. Magistrate Judge Maria Valdez. Fighting violent crime is a top priority in our office, and we are committed to holding accountable those who engage in illicit firearm transactions.. I have no answer. 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. Each count of the indictment is punishable by a maximum sentence of five years in prison. The prosecution argued as such. 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. 219 S. Dearborn St., 5th Floor 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. This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Departments program to reduce violent crime. Although there are exceptions, generally all firearm purchasers must be at least 21 years of age to purchase any firearm. Help us combat the proliferation of sexual exploitation crimes against children. I ask myself that question every day," she told the outlet. A straw purchase occurs when somebody purchases a firearm for another person while pretending to purchase it for personal use. Anthony Huber's girlfriend told the New York Post that she and Huber, 26, were protesting that night. The prison term will be followed by a three-year term of supervised release. Law enforcement agents call people who buy guns for those who aren't legally . 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 case was brought forward through a multi-jurisdiction effort between law enforcement in Lincoln and Wood counties along with the FBI. A straw purchase is an illegal firearm purchase where the actual buyer of the gun, being unable to pass the required federal background check or desiring to not have his or her name associated with the transaction, uses a proxy buyer who can pass the required background check to purchase the firearm for him/her. 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 . The two reportedly agreed that Black would keep the gun until Rittenhouse turned 18 in January 2021, according to court testimony. Scott Walker on Wednesday approved a measure touted as making it easier to prosecute illegal straw purchasing of firearms in the state. . 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. NSSF employee Michael Bazinet spends a lot of time focusing on the "Don't Lie . U.S. Attorney Lausch announced the charges along with Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the FBI, and Eddie Johnson, Superintendent of the Chicago Police Department. Rockford: (815) 987-4444. Gifting vs Straw Purchasing. 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. Remington's Nylon 66 semi-automatic .22 LR rifles have grown from 1950s bargain buys to 21st century collectors darlings. A straw purchase occurs when somebody purchases a firearm for another person while pretending to purchase it for personal use. 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. States such as Ohio, Nebraska, Oregon, and Delaware have individual straw purchase laws. Contact Us About Straw Purchases in Texas. 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. 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. Access your favorite topics in a personalized feed while you're on the go. 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. Stay up to date with what you want to know. Success! This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Departments program to reduce violent crime. Federal law criminalizes making false statements about a material fact on ATF forms and criminalizes presenting false identification when purchasing a firearm. Dominick Black, who purchased the AR-15 rifle carried and used by Kyle Rittenhouse during the protests in Kenosha last August, could walk out of court a free man later today without any criminal. 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. 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. 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. Black said he used Rittenhouse's . Any violations of these laws can result in a 10-year prison sentence and fines up to $250,000. WisPolitics.com DC breakfast with U.S. Rep. Mark Pocan, WisPolitics luncheon with Marquette University Law School Poll Director Charles Franklin. The backers of the proposal, which passed the legislature on a voice vote, say the move was requested by the Milwaukee Police Department. Who Is Liable When a Person Is Hit by a Car in Front of a Store? But Rittenhouse's possession of the firearm at the time was technically legal. The Nylon 66, a relatively inexpensive rimfire with faux woodgrain, was the first successful synthetic-stock firearm. This is not John Waynes revolver it is a modern work of art! Jones or an intermediary told the straw purchasers which firearms to buy and provided the money for the purchases. May 17, 2018: Valentine purchased two handguns at Holmen Pawn Shop in Holmen, Wisc. 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. 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. THE HILL 1625 K STREET, NW SUITE 900 WASHINGTON DC 20006 | 202-628-8500 TEL | 202-628-8503 FAX. ) or https:// means youve safely connected to the .gov website. 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. 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. 20 Colorado for Pac-12 title berth, Olympic ticket sales for Paris Games gets off to rocky start. Black is now being prosecuted for participating in the illegal straw purchase of the weapon on behalf of Rittenhouse. State laws punishing straw purchases vary. Error! She disputed the defense attorney's characterization of Huber as a "rioter" or "looter." Two Minnesotans were recently charged and convicted for committing the crime. was on the University of Wisconsin Pistol Team for four . This is not giving a gift. Circumstantial vs. Tell us what you think about the songs we play! In order to complete the purchase of the firearms, she represented that she was the actual buyer of these firearms when she was not. If they ask you to buy it, fill out the 4473 in your name, and then pay you . Call us at 414-271-1440 or send us an e-mail today to discuss your case. An official website of the United States government. Giving someone a firearm carries a certain level of legal responsibility that does not come with gifting iPads or socks. By signing up you agree to Guns.com's Since then, a number of straw buyers have faced a mandatory five-year minimum sentence under its guidelines. 924(a)(1)(A). 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. Federally licensed firearm dealers are required to perform background checks for those seeking to buy a firearm. of Justice: Merrill woman sentenced to prison for making false statements during purchase of firearms, WisPolitics luncheon with Gov. A lock ( Assistant U.S. Attorney Taylor L. Kraus prosecuted this case. 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. The person that Zastrow bought the firearms for was a convicted felon. 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. 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. You have permission to edit this article. A "Kenosha Guard" militia group on Facebook did issue a "call to arms" ahead of the violenceon August 25. Here is the reason. Official websites use .gov There was an error processing your request. Firearm Gifts Legal Considerations . This prison term will . Tips For Preventing Firearm Straw Purchases. Instead, Ritchie passed the guns off to Victor Pennington in exchange for meth. Wisconsin law also criminalizes straw purchases, and anyone who helps another illegally obtain a firearm can also be prosecuted for intentionally aiding and abetting a crime. Straw purchases are deemed a federal crime, punishable by up to 10 years in prison and a fine of up to $250,000. Need Help?service@guns.comCall (866)582-4867, PO Box 1131 13800 Nicollet Blvd Burnsville, MN 55337 2023Guns.com. People 18 years of age and older are eligible to purchase long guns, while handguns are only eligible to be purchased by those of the age 21 years and older. How Old Do You Have to be to Buy a Gun in Wisconsin? Just hours before the protests, Rosenbaum had been released from a hospital following psychiatric care for a suicide attempt. 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. 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 29-year-old Indiana man allegedly acted as a straw purchaser to buy the firearm used to kill Chicago police Officer Ella French. The jury's verdict in the case, handed down on October 13, 2015, found that a gun shop employee acted negligentlyand . 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. 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. May 19, 2018: Valentine purchased seven handguns from a dealer at Bob and Roccos Gun Show in Onalaska, Wisc. Feds say 'straw buyer' purchased 39 handguns for a felon since July, paid more than $25,000 cash to firearms dealers. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. This prison term will be followed by a 3-year term of supervised release. A straw purchase is one in which one Person "A" buys a firearm for Person "B", at Person "B's" request. The public is reminded that an indictment is not evidence of guilt.