Federal law criminalizes making false statements about a material fact on ATF forms and criminalizes presenting false identification when purchasing a firearm. The family has a 13-acre property with an old gravel pit used as a gun range. Generally, secretly purchasing a gun on someone else's behalf from a gun dealer, called a straw purchase, is illegal. (Photo: Walkers office). Prosecutors had said they wanted Jamel Danzy held in custody, and a detention hearing had been set for Wednesday. 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. Straw Purchase Law and Legal Definition. K-Mart Classics: Remingtons Nylon Rimfires Engineered To Last. Tips For Preventing Firearm Straw Purchases. The public is reminded that an indictment is not evidence of guilt. Short answer: it depends. The charges were the result of an investigation conducted by the Central Wisconsin Narcotics Task Force, Wisconsin DOJ- Division of Criminal Investigation, and the FBI. All Rights Reserved, Gov. 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. Although there are exceptions, generally all firearm purchasers must be at least 21 years of age to purchase any firearm. as well as other partner offers and accept our. Texas Gun Sense info@txgunsense.org PO Box 92722, Austin, TX 78709-2722 (512) 903-4186 The Nylon 66, a relatively inexpensive rimfire with faux woodgrain, was the first successful synthetic-stock firearm. 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. States such as Ohio, Nebraska, Oregon, and Delaware have individual straw purchase laws. The bill, SB 408, was among 41 signed by the Republican without comment this week. 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 indictment was returned Aug. 1, 2019, and ordered unsealed Wednesday. Criminals were very aware of these loopholes, said state Sen. Alberta Darling, R-River Hills. Secure .gov websites use HTTPS Seven states have laws that penalize sellers who transfer firearms to traffickers under certain circumstances, according to Giffords, a gun violence advocacy group. This is not giving a gift. This is known as a "straw purchase" and is a crime. Wisconsin Gov. March 23, 2018: Valentine purchased two handguns from a dealer at Bob and Roccos Gun Show in Onalaska, Wisc. Error! 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. This prison term will be followed by a 3-year term of supervised release. 219 S. Dearborn St., 5th Floor
During the investigation, law enforcement utilized ATFs National Integrated Ballistic Information Network. She disputed the defense attorney's characterization of Huber as a "rioter" or "looter." Who Can't Buy a Gun in Wisconsin? The PSN approach involves collaboration by federal, state, and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence. 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. Law enforcement agents call people who buy guns for those who aren't legally . The bill, SB 408, was among 41 signed by. 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. 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. 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. The campaign was designed to prevent and discourage illegal straw purchases. 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. Gun Shows. This prison term will be followed by a 3-year term of supervised release. 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. 327 S. Church Street, Room 3300
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. Anthony Huber's girlfriend told the New York Post that she and Huber, 26, were protesting that night. At Rosenthal Kalabus & Therrian, our top-rated Collin County criminal lawyers have extensive experience handling federal firearms cases. Tony Evers. "Straw purchasing a firearm is a federal crime with serious consequences," said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. Everytown for Gun Safety and other gun control groups have called on Congress to strengthen laws governing gun trafficking and straw purchases. 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. 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. 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. It is classified as a serious crime in Illinois (Class 2 felony), but police rarely. According to Kyle The Answer to this is no. Making sure that victims of federal crimes are treated with compassion, fairness and respect. 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. 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. Chicago, a much larger city but with similarly high murder rate, recovered 247 guns per 100,000 people. ) or https:// means youve safely connected to the .gov website. 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 . First things first, if you have reasonable cause to believe the person you're gifting a firearm to is prohibited from possessing . 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.
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. 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. May 19, 2018: Valentine purchased seven handguns from a dealer at Bob and Roccos Gun Show in Onalaska, Wisc. By clicking Sign up, you agree to receive marketing emails from Insider Rittenhouse did testify that his mother drove him to a local police station to surrender following the shootings. The 5-4 ruling allows strict enforcement of the federal ban on gun "straw purchases," or one person buying a . According to Kenoshanews. 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. First, contrary to what most people think, no Federal Law prohibits you from buying a gun as a gift for someone else. 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. Call us at 414-271-1440 or send us an e-mail today to discuss your case. 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. In general, straw purchases are legal except in cases where the ultimate receiver of goods or services uses those . 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. 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. The backers of the proposal, which passed the legislature on a voice vote, say the move was requested by the Milwaukee Police Department. 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. 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. Walker signs bill upping penalties on straw purchases in Wisconsin. This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Departments program to reduce violent crime. Instead, Ritchie passed the guns off to Victor Pennington in exchange for meth. A lock ( 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. It is a serious danger to our communities. Straw purchases are deemed a federal crime, punishable by up to 10 years in prison and a fine of up to $250,000. It is this intent that matters. Firearm Gifts Legal Considerations . This crime is being prosecuted more vigorously as of late, and comes with a potential for a very long prison sentence. 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. 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. Please call us today at (972) 369-0577 to schedule a . Straw purchase is a purchase where a purchaser knowingly acquiring an item or service for someone. without the transfer creating a "straw purchase". 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. Assistant U.S. Attorney Taylor L. Kraus prosecuted this case. There are two federal statutes under which straw purchases are usually prosecuted: 18 U.S.C. In order to complete the purchase of the firearms, she represented that she was the actual buyer of these firearms when she was not. 941.2905 Straw purchasing of firearms. 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 . The U.S. Supreme Court delivered a major victory to gun control advocates on Monday. Scott Walker on Wednesday approved a measure touted as making it easier to prosecute illegal straw purchasing of firearms in the state. An indictment. 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. 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. Rittenhouse lived about 20 minutes outside of Kenosha, in Antioch, Illinois. 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 any purchase in which a second person agrees to acquire a firearm for someone else. The jury's verdict in the case, handed down on October 13, 2015, found that a gun shop employee acted negligentlyand . 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. It is legal to purchase a firearm as a gift for another, if you are actually buying the firearm for . 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. In sentencing the 32-year-old, 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 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. The offense is known as a 'straw purchase.' He pleaded not guilty Wednesday during his arraignment in federal court in Chicago before U.S. Magistrate Judge Gabriel A. Fuentes. Thats why tougher laws on straw purchases are a priority for gun control groups. 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. This is not John Waynes revolver it is a modern work of art! Your intent is to act as the agent. (2) The prohibition in sub. . March 8, 2018: Valentine purchased three handguns at Gander Outdoors in Onalaska, Wisc. WisPolitics.com & WisBusiness.com: The clean energy shift is underway: How will the Inflation Reduction Act accelerate the transition? 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NSSF employee Michael Bazinet spends a lot of time focusing on the "Don't Lie . The offense is known as a 'straw purchase.' The person that Zastrow bought the firearms for was a convicted felon. 924(a)(1)(A). Tell us what you think about the songs we play! Ritchie will also serve extended supervision after his release. An official website of the United States government. Share sensitive information only on official, secure websites. WisPolitics.com DC breakfast with U.S. Rep. Mark Pocan, WisPolitics luncheon with Marquette University Law School Poll Director Charles Franklin. Smith & Wesson Model 586: Reviewing A .357 Revolver With Class. 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. Democrats hope they can bring a gun violence package to the floor the week of June 20. This prison term will . 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. The gun was already being stored at a friend's house in Kenosha, according to police records and court testimony. gun for an acquaintance in Chicago who was unable to buy a firearm himself due to a past felony conviction for theft in Wisconsin. 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. How Old Do You Have to be to Buy a Gun in Wisconsin? Circumstantial vs. You have permission to edit this article. Perhaps the most persistent myth surrounding the case is the idea that Rittenhouse, then 17, brought an AR-15 across state lines. An email has been sent to with a link to confirm list signup. A locked padlock 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. The person that Zastrow bought the firearms for was a convicted felon. 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. 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. Jones or an intermediary told the straw purchasers which firearms to buy and provided the money for the purchases. 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. (2) The prohibition in sub. A 2010 study published in the Journal of Urban Health that screened 149 licensed retailers in California found roughly 1 in 5 agreed to participate in a straw purchase of a handgun. A straw purchase occurs when somebody purchases a firearm for another person while pretending to purchase it for personal use. Direct Evidence in Wisconsin Criminal Cases. CHICAGO A Chicago resident has been sentenced to eight years in federal prison for setting fire to the Boost Mobile Store Eastern Division
But Rittenhouse has never publicly identified as a member of any extremist group. If convicted, the Court must impose reasonable sentences under federal statutes and the advisory U.S. Success! We are tired of t. 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. Feds say 'straw buyer' purchased 39 handguns for a felon since July, paid more than $25,000 cash to firearms dealers. 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. To complete the purchase,she represented that she was the actual buyer of these firearms when in fact she was not. When I dress Western, nothing beats the classic good looks of my Smith & Wesson (S&W) 586 .357 revolver. 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. Kyle gifted the money to Dominic Black to Purchase the firearm for himself then do a private sale one Kyle had turned 18. Terms and Conditions and Privacy Policy. Contact Us About Straw Purchases in Texas. was on the University of Wisconsin Pistol Team for four . 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. 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. Rockford: (815) 987-4444. But Rittenhouse's possession of the firearm at the time was technically legal. Rockford, IL 61101, Chicago: (312) 353-5300
Rocha was arrested in Wisconsin on Aug. 9, 2019. 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. Danzy was released on a $4,500 unsecured bond. 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. State laws punishing straw purchases vary. 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. 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.". -1 23 more replies MenaFWM 1 yr. ago 922(d) if the seller knew or had reason to know that the person buying the gun is a criminal or otherwise prohibited buyer. But any violation of the Gun Control Act, 1968 make the . 922(a)(6) and 18 U.S.C. 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. Here's what it's like to shoot this classic scattergun. The individual is also accused of using one of the weapons to commit a homicide. Editor's note: This story has been corrected to make clear in graf 18 that Jacob Blake was shot and he survived. This prison term will be followed by a 3-year term of supervised release. The governor and Lane are supporting House Bill 306. 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. Straw purchasing firearms is not a victimless crime, said FBI Assistant SAC Larry L. Lapp. 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. 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. You are the original buyer, yet you have no intent to own the gun. of Justice: Merrill woman sentenced to prison for making false statements during purchase of firearms, WisPolitics luncheon with Gov. She was making the buyfor an individual who accompanied her to the store and provided her with cash at the time of purchase. 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. The government is represented by Assistant U.S. That person also allegedly used one of the firearms purchased by Zastrow to commit a homicide. The Judge gave him the break of a lifetime by obfuscating two different statues. The charges Zastrow faced stemmed from one of the guns she purchased was used in a homicide. 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 was also charged with reckless endangerment of two additional men. 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. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. 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. Authorities argued that arming prosecutors with the ability to go after those obtaining or holding firearms for those who are legally barred from having them will help cut down on gun crime in the city. 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. Good luck with that. 924(a)(1)(A) imposes fines and possible prison sentences against any person who knowingly makes a false statement regarding any of the information required by federal firearms law. 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. On January 13, 2022, Zastrow purchased two firearms in Wisconsin Rapids. 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. 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. 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. 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.