CHICAGO A Chicago resident has been sentenced to eight years in federal prison for setting fire to the Boost Mobile Store Eastern Division Feds say 'straw buyer' purchased 39 handguns for a felon since July, paid more than $25,000 cash to firearms dealers. Rockford, IL 61101, Chicago: (312) 353-5300 But those background checks and records involve the purchaser of the firearm and not always the ultimate user of the gun. Lock The 29-year-old Indiana man allegedly acted as a straw purchaser to buy the firearm used to kill Chicago police Officer Ella French. You have permission to edit this article. Everytown for Gun Safety and other gun control groups have called on Congress to strengthen laws governing gun trafficking and straw purchases. This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Departments program to reduce violent crime. Perhaps the most persistent myth surrounding the case is the idea that Rittenhouse, then 17, brought an AR-15 across state lines. The U.S. Supreme Court delivered a major victory to gun control advocates on Monday. This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Departments program to reduce violent crime. 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. Share sensitive information only on official, secure websites. Assistant U.S. Attorney Taylor L. Kraus prosecuted this case. First, contrary to what most people think, no Federal Law prohibits you from buying a gun as a gift for someone else. 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. Ashley Zastrow, 32, from Merrill, purchased two firearms in Wisconsin Rapids on Jan. 13, 2022. 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. The case was brought forward through a multi-jurisdiction effort between law enforcement in Lincoln and Wood counties along with the FBI. The backers of the proposal, which passed the legislature on a voice vote, say the move was requested by the Milwaukee Police Department. She disputed the defense attorney's characterization of Huber as a "rioter" or "looter." Attorneys Albert Berry III and Elizabeth Pozolo. Any violations of these laws can result in a 10-year prison sentence and fines up to $250,000. 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. 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. 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. You have permission to edit this article. Gun Shows. A Cold War era classic with smooth lines, a legendary back story, and an exotic-sounding name, Beretta's Model 71 was definitely a mouse that roared. Rittenhouse was also charged with reckless endangerment of two additional men. Someone makes a straw purchase when they purchase a gun on behalf of someone else who may not be . "Why was he there? As far as straw purchases go, you stand in for someone. 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. With no legislative text, the specifics of a crackdown on straw purchases remain unclear. Making sure that victims of federal crimes are treated with compassion, fairness and respect. Thanks to Governor Walker, prosecutors should be able to make gun charges stick and get dangerous criminals off the streets.. (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. 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 . He pleaded not guilty during his arraignment that day in federal court in Chicago before U.S. Magistrate Judge Maria Valdez. Federal law criminalizes making false statements about a material fact on ATF forms and criminalizes presenting false identification when purchasing a firearm. 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. Straw purchasing is when someone buys a gun for another person who isn't legally allowed to own one, such as felons. We are tired of t. 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. If you were arrested or charged with a crime in connection to an alleged straw purchase, we can help. To complete the purchase,she represented that she was the actual buyer of these firearms when in fact she was not. Terms and Conditions and Privacy Policy. 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. Learn how you can help drug endangered children. Direct Evidence in Wisconsin Criminal Cases. The Judge gave him the break of a lifetime by obfuscating two different statues. Criminals were very aware of these loopholes, said state Sen. Alberta Darling, R-River Hills. 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. Error! "Straw purchasing a firearm is a federal crime with serious consequences," said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. 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. 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. The Khindri brothers who own the dealership denied this under oath, but multiple other witnesses testified against them, backing Rittenhouse's version. It is this intent that matters. 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. He pleaded not guilty Wednesday during his arraignment in federal court in Chicago before U.S. Magistrate Judge Gabriel A. Fuentes. 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. This is not giving a gift. Every time the left tries to harm innocent law abiding citizens, it runs the risk of conservative Americans lashing out. Smith & Wesson Model 586: Reviewing A .357 Revolver With Class. 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. Here is the reason. Despite the federal prohibition and state-level legislation, many gun control advocates and experts say the illegal transactions still happen regularly. Section 18 U.S.C. This crime is being prosecuted more vigorously as of late, and comes with a potential for a very long prison sentence. Rittenhouse did testify that his mother drove him to a local police station to surrender following the shootings. 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. Call us at 414-271-1440 or send us an e-mail today to discuss your case. Scott Walker on Wednesday approved a measure touted as making it easier to prosecute illegal straw purchasing of firearms in the state. It is classified as a serious crime in Illinois (Class 2 felony), but police rarely. 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. 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. In all, the agency logged 2,420 firearms in 2016, a rate of 407 per 100,000 people. A locked padlock 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. Epic 22 Pocket Pistol: The Beretta 71 Jaguar. 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. State laws punishing straw purchases vary. The teenager pleaded not guilty to all five counts and testified that he acted in self-defense, saying the men he shot were attacking him. 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. Straw purchases are deemed a federal crime, punishable by up to 10 years in prison and a fine of up to $250,000. 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. (2) The prohibition in sub. 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. . 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. Seven states have laws that penalize sellers who transfer firearms to traffickers under certain circumstances, according to Giffords, a gun violence advocacy group. A straw purchase is one in which one Person "A" buys a firearm for Person "B", at Person "B's" request. How Old Do You Have to be to Buy a Gun in Wisconsin? 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. By clicking Sign up, you agree to receive marketing emails from Insider 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. Anthony Huber's girlfriend told the New York Post that she and Huber, 26, were protesting that night. Danzy was released on a $4,500 unsecured bond. 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. 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. The civil rights attorney Ben Crump, who is representing the Blake family, falsely described Rittenhouse on Friday as a "self-declared white nationalist." If you are being charged with making a straw purchase or with any other gun crime, contact our skilled Milwaukee criminal defense attorneys, who have defended many of these types of cases and are ready to defend you and protect your rights. 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 is known as a "straw purchase" and is a crime. 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. Graap allegedly used one of those firearms to fatally shoot and kill Kayla Frank. Straw Purchase Law and Legal Definition. Federally licensed firearm dealers are required to perform background checks for those seeking to buy a firearm. 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. Need Help?service@guns.comCall (866)582-4867, PO Box 1131 13800 Nicollet Blvd Burnsville, MN 55337 2023Guns.com. 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. Scott Walker on Wednesday approved a measure touted as making it easier to prosecute illegal straw purchasing of firearms in the state. The PSN approach involves collaboration by federal, state, and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence. March 8, 2018: Valentine purchased three handguns at Gander Outdoors in Onalaska, Wisc. Black is now being prosecuted for participating in the illegal straw purchase of the weapon on behalf of Rittenhouse. There was a problem saving your notification. 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. 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. A "Kenosha Guard" militia group on Facebook did issue a "call to arms" ahead of the violenceon August 25. If convicted, the Court must impose reasonable sentences under federal statutes and the advisory U.S. You are the original buyer, yet you have no intent to own the gun. There was a problem saving your notification. Assistant U.S. Attorney Taylor L. Kraus prosecuted this case. 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 . 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. I have no answer. Gun control groups have long called attention to the impact on gun violence of straw purchases, a term with which many may be unfamiliar. However, you should beware of what is known as a straw purchase, which is illegal. 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 the investigation, law enforcement utilized ATFs National Integrated Ballistic Information Network. Sentencing Guidelines. Should I Move Out of My Home During My Divorce? Ritchie will also serve extended supervision after his release. 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. 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. Please call us today at (972) 369-0577 to schedule a . Who Can Be Held Liable for Winter Truck Accidents. His Illinois residence helped spur rumors that the teenager traveled to Wisconsin with his rifle illegally in tow. If the end recipient is not disclosed to the gun dealer/seller, they cannot run the background check for the actual purchaser/owner. 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. . 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. 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. Access your favorite topics in a personalized feed while you're on the go. Have the latest local news delivered every afternoon so you don't miss out on updates. 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. According to Kyle The Answer to this is no. Nov. 10, 2021. 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. According to Kenoshanews. 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. Law enforcement agents call people who buy guns for those who aren't legally . The charges Zastrow faced stemmed from one of the guns she purchased was used in a homicide. Rittenhouse lived about 20 minutes outside of Kenosha, in Antioch, Illinois. The prosecution argued as such. Instead, Ritchie passed the guns off to Victor Pennington in exchange for meth. The two reportedly agreed that Black would keep the gun until Rittenhouse turned 18 in January 2021, according to court testimony. of Justice: Merrill woman sentenced to prison for making false statements during purchase of firearms, WisPolitics luncheon with Gov. This is not the same thing as purchasing a firearm as a genuine, bonafide gift. Stay in the know. The PSN approach involves collaboration by federal, state, and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence. 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. 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. 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.. 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. 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. But Rittenhouse's possession of the firearm at the time was technically legal.