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Western Division 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. CHICAGO A Chicago resident has been sentenced to eight years in federal prison for setting fire to the Boost Mobile Store Eastern Division (2) The prohibition in sub. Straw purchases are deemed a federal crime, punishable by up to 10 years in prison and a fine of up to $250,000. Good luck with that. The weapon Rittenhouse used to shoot the three men was obtained in what many would consider a "straw purchase" arms sale. 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. But the tech company later confirmed that Rittenhouse had not been a follower of the flagged page. 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. Firearm Gifts Legal Considerations . 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. Stay up to date with what you want to know. 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. I have no answer. Official websites use .gov 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. Who Can't Buy a Gun in Wisconsin? 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 . He was acquitted on all counts. However, you should beware of what is known as a straw purchase, which is illegal. The recent decision against a Milwaukee gun store in the shooting of two Milwaukee police officers has brought the issue of straw purchases of firearms to the forefront. The Nylon 66, a relatively inexpensive rimfire with faux woodgrain, was the first successful synthetic-stock firearm. Graap allegedly used one of those firearms to fatally shoot and kill Kayla Frank. 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. 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. Rocha was arrested in Wisconsin on Aug. 9, 2019. THE HILL 1625 K STREET, NW SUITE 900 WASHINGTON DC 20006 | 202-628-8500 TEL | 202-628-8503 FAX. 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. 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. Making sure that victims of federal crimes are treated with compassion, fairness and respect. Should I Move Out of My Home During My Divorce? An indictment. 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In order to complete the purchase of the firearms, she represented that she was the actual buyer of these firearms when she was not. 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. 20 Colorado for Pac-12 title berth, Olympic ticket sales for Paris Games gets off to rocky start. Every cowboy needs a revolver. His Illinois residence helped spur rumors that the teenager traveled to Wisconsin with his rifle illegally in tow. According to Kenoshanews. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. . . The prosecution argued as such. She disputed the defense attorney's characterization of Huber as a "rioter" or "looter." 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. Rosenbaum's fiance told The Washington Post in 2020 that he wasn't there as a rioter or a looter. An email has been sent to with a link to confirm list signup. 922 (a)(6) for making a false statement about the identity of the buyer that is "material to the lawfulness of the sale." These prosecutions rely on the court-created "straw purchaser" doctrine, a legal fiction that treats the ultimate recipient of a firearm . If convicted, the Court must impose reasonable sentences under federal statutes and the advisory U.S. When I dress Western, nothing beats the classic good looks of my Smith & Wesson (S&W) 586 .357 revolver. Johnson. Success! The two reportedly agreed that Black would keep the gun until Rittenhouse turned 18 in January 2021, according to court testimony. 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. of Justice: Merrill woman sentenced to prison for making false statements during purchase of firearms. 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. 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 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. Project Safe Neighborhoodsis a nationwide initiativeto reduce gun violence and violent crime in neighborhoods across the country. 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. Perhaps the most persistent myth surrounding the case is the idea that Rittenhouse, then 17, brought an AR-15 across state lines. This prison term will . Law enforcement agents call people who buy guns for those who aren't legally . Zastrow's prison term will be followed by a 3-year stint on supervised release. Remington's Nylon 66 semi-automatic .22 LR rifles have grown from 1950s bargain buys to 21st century collectors darlings. Tips For Preventing Firearm Straw Purchases. According to federal law, an individual convicted of a straw purchase may be sentenced to up to 10 years in prison, and may even be required to pay a fine of . If the end recipient is not disclosed to the gun dealer/seller, they cannot run the background check for the actual purchaser/owner. The firearms in question were used by Tanner Graap. The U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives provided assistance. Rockford, IL 61101, Chicago: (312) 353-5300 The offense is known as a 'straw purchase.' 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. Get Guns.com offers and news!! The Judge gave him the break of a lifetime by obfuscating two different statues. This is not the same thing as purchasing a firearm as a genuine, bonafide gift. 327 S. Church Street, Room 3300 Seven states have laws that penalize sellers who transfer firearms to traffickers under certain circumstances, according to Giffords, a gun violence advocacy group. 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. CHICAGO (WLS) -- A Wisconsin man is charged with providing the gun to teenager Kyle Rittenhouse who then allegedly killed two men during the unrest in late August. 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. WAUSAU, Wis. (WAOW) -- A Wausau woman has been charged with making a false statement while purchasing firearms, according to a news release from the U.S. Department of Justice. Need [email protected] (866)582-4867, PO Box 1131 13800 Nicollet Blvd Burnsville, MN 55337 2023Guns.com. Straw buying is a felony in progressive Connecticut, albeit one in the second-least-serious order of felonies. Kyle gifted the money to Dominic Black to Purchase the firearm for himself then do a private sale one Kyle had turned 18. (Photo: Walkers office). 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. Since then, a number of straw buyers have faced a mandatory five-year minimum sentence under its guidelines. You should know the laws that apply to buying firearms as gifts for another person. It is a serious danger to our communities. 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. The barrels under 16 inches should've only applied to 18 year old+ who were legally allowed to carry. Ashley Zastrow, 32, purchased two firearms in Wisconsin Rapids on Jan. 13, 2022. 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. 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. Call us at 414-271-1440 or send us an e-mail today to discuss your case. 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. 922(a)(6) and 18 U.S.C. Reports of thefts to police are much lower: they totalled about 240,000 in 2016, according to the FBI's National Crime Information Center, which derives its figures from data provided by local law enforcement. The bill, SB 408, was among 41 signed by the Republican without comment this week. Rosenbaum was seen in a number of videos not protesting but causing destruction, setting fires, tipping over a Porta Potty, wielding a chain, and at one point even shouting the N-word. 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. Scott Walker on Wednesday approved a measure touted as making it easier to prosecute illegal straw purchasing of firearms in the state. In the aftermath of Friday's verdict, a flurry of responses and reactions to the ruling restated longstanding myths and misinformation surrounding the trial and Rittenhouse's actions on August 25, 2020. Your intent is to act as the agent. Terms and Conditions and Privacy Policy. (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. Access your favorite topics in a personalized feed while you're on the go. Graap will next be in court again on May 8th at 11 a.m. for a Motion hearing. Thanks to Governor Walker, prosecutors should be able to make gun charges stick and get dangerous criminals off the streets.. 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 did testify that his mother drove him to a local police station to surrender following the shootings. 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. Please call us today at (972) 369-0577 to schedule a . The individual is also accused of using one of the weapons to commit a homicide. May 17, 2018: Valentine purchased two handguns at Holmen Pawn Shop in Holmen, Wisc. Contact Us About Straw Purchases in Texas. 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. It is this intent that matters. K-Mart Classics: Remingtons Nylon Rimfires Engineered To Last. During the investigation, law enforcement utilized ATFs National Integrated Ballistic Information Network. A straw purchase occurs when somebody purchases a firearm for another person while pretending to purchase it for personal use. 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. 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. The U.S. Supreme Court delivered a major victory to gun control advocates on Monday. Section 18 U.S.C. The other hand shows a straw purchase as buying a gun and selling it directly to someone who can pass their own background check, without actually taking the background check. Have the latest local news delivered every afternoon so you don't miss out on updates. Federally licensed firearm dealers are required to perform background checks for those seeking to buy a firearm. Licensed dealers also are required under federal law to maintain records on their gun sales and make them available to law enforcement for inspection. 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. Learn how you can help drug endangered children. There are two federal statutes under which straw purchases are usually prosecuted: 18 U.S.C. 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. -1 23 more replies MenaFWM 1 yr. ago The criminal case against the 19-year-old who allegedly made the straw purchase that provided Kyle Rittenhouse his gun has been put on . Giving someone a firearm carries a certain level of legal responsibility that does not come with gifting iPads or socks. 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. As far as straw purchases go, you stand in for someone. The family has a 13-acre property with an old gravel pit used as a gun range. "Straw purchasing a firearm is a federal crime with serious consequences," said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. Rittenhouse lived about 20 minutes outside of Kenosha, in Antioch, Illinois. firearms dealer can deliver the firearm to the purchaser. 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. 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. Short answer: it depends. 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. "Why was he there? 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. 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. 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. 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. Wisconsin Gov. This prison term will be followed by a 3-year term of supervised release. Any violations of these laws can result in a 10-year prison sentence and fines up to $250,000. Dept. was on the University of Wisconsin Pistol Team for four . 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. Assistant U.S. Attorney Taylor L. Kraus prosecuted this case. While this was a misdemeanor charge for a very long time, in 2010 the Wisconsin legislature voted to make straw purchases a felony, punishable by up to 10 years in prison. 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. 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. Straw purchasing firearms is not a victimless crime, said FBI Assistant SAC Larry L. Lapp. Gun Shows. With no legislative text, the specifics of a crackdown on straw purchases remain unclear. Secure .gov websites use HTTPS Someone makes a straw purchase when they purchase a gun on behalf of someone else who may not be . There was an error processing your request. WisPolitics.com & WisBusiness.com: The clean energy shift is underway: How will the Inflation Reduction Act accelerate the transition? The PSN approach involves collaboration by federal, state, and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence. 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. Straw purchases of firearms are also violations of federal law, and under both state and federal law, it is a felony that carries the potential for a long prison term. Straw purchase is a purchase where a purchaser knowingly acquiring an item or service for someone. 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. 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 charges Zastrow faced stemmed from one of the guns she purchased was used in a homicide. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. Here is the reason. The indictment was returned Aug. 1, 2019, and ordered unsealed Wednesday. Video of 17-year-old Kyle. The jury's verdict in the case, handed down on October 13, 2015, found that a gun shop employee acted negligentlyand . Rittenhouse was also charged with reckless endangerment of two additional men. 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 . The motives of Joseph Rosenbaum, 36, were less clear that night. This is known as a "straw purchase" and is a crime. NSSF employee Michael Bazinet spends a lot of time focusing on the "Don't Lie . He was ordered released on bond, and a status hearing was scheduled for Sept. 17, 2019, before U.S. District Judge John Z. Lee. 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. How Old Do You Have to be to Buy a Gun in Wisconsin? 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. Anthony Huber's girlfriend told the New York Post that she and Huber, 26, were protesting that night. 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. By clicking Sign up, you agree to receive marketing emails from Insider 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. A straw purchase is when you purchase a firearm at the behest of another person. The 29-year-old Indiana man allegedly acted as a straw purchaser to buy the firearm used to kill Chicago police Officer Ella French. Email notifications are only sent once a day, and only if there are new matching items. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Attorneys Albert Berry III and Elizabeth Pozolo. gun for an acquaintance in Chicago who was unable to buy a firearm himself due to a past felony conviction for theft in Wisconsin. Some other states have looser regulations that prohibit individuals from knowingly encouraging sellers to conduct those illegal firearm transfers, according to the group. Sentencing Guidelines. But Rittenhouse has never publicly identified as a member of any extremist group. To complete the purchase,she represented that she was the actual buyer of these firearms when in fact she was not. March 8, 2018: Valentine purchased three handguns at Gander Outdoors in Onalaska, Wisc. The PSN approach involves collaboration by federal, state, and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence. A "Kenosha Guard" militia group on Facebook did issue a "call to arms" ahead of the violenceon August 25. 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. Epic 22 Pocket Pistol: The Beretta 71 Jaguar. Every time the left tries to harm innocent law abiding citizens, it runs the risk of conservative Americans lashing out. This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Departments program to reduce violent crime. 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. 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. ) or https:// means youve safely connected to the .gov website. Texas Gun Sense [email protected] PO Box 92722, Austin, TX 78709-2722 (512) 903-4186 You have permission to edit this article. An official website of the United States government. During the legislative process for SB 408, law enforcement representatives from Wisconsins largest city testified to lawmakers that officers in Milwaukee recovered more guns per capita than in Chicago. 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 . This crime is being prosecuted more vigorously as of late, and comes with a potential for a very long prison sentence. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. 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. 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. A straw purchase is any purchase in which a second person agrees to acquire a firearm for someone else. State laws punishing straw purchases vary. The bipartisan group of senators announced on Sunday that it would seek to crack down on those purchases as part of an agreement on a series of gun-related proposals. You are the original buyer, yet you have no intent to own the gun. Assistant U.S. Attorney Taylor L. Kraus prosecuted this case. Straw Purchase Law and Legal Definition. Top editors give you the stories you want delivered right to your inbox each weekday. 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. This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Departments program to reduce violent crime. Just hours before the protests, Rosenbaum had been released from a hospital following psychiatric care for a suicide attempt. 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. If you were arrested or charged with a crime in connection to an alleged straw purchase, we can help. Therefore, if you are being charged with making a straw purchase of a firearm, it is very important to have an experienced criminal defense attorney by your side from the very beginning.