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The motives of Joseph Rosenbaum, 36, were less clear that night. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Direct Evidence in Wisconsin Criminal Cases. 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This crime is being prosecuted more vigorously as of late, and comes with a potential for a very long prison sentence. 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. You should know the laws that apply to buying firearms as gifts for another person. 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. The indictment was returned Aug. 1, 2019, and ordered unsealed Wednesday. Who Can Be Held Liable for Winter Truck Accidents. 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. Editor's note: This story has been corrected to make clear in graf 18 that Jacob Blake was shot and he survived. 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. In all, the agency logged 2,420 firearms in 2016, a rate of 407 per 100,000 people. It is this intent that matters. 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. Feds say 'straw buyer' purchased 39 handguns for a felon since July, paid more than $25,000 cash to firearms dealers. 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. Federal law criminalizes making false statements about a material fact on ATF forms and criminalizes presenting false identification when purchasing a firearm. A Wisconsin jury fully acquitted Kyle Rittenhouse on Friday, finding him not guilty on five counts. Call us at 414-271-1440 or send us an e-mail today to discuss your case. 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. 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. (Photo: Walkers office). 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. This crime is being prosecuted more vigorously as of late, and comes with a potential for a very long prison sentence. Get Guns.com offers and news!! Kyle Ritchie was found guilty of buying four guns from a licensed dealer in Wausau last year by representing himself as the actual buyer. 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. You are the original buyer, yet you have no intent to own the gun. 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. A straw purchase is any purchase in which a second person agrees to acquire a firearm for someone else. Pennington will be sentenced for his role in the incident (one count of distributing meth) next January. 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. Black said he used Rittenhouse's . 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. Giving someone a firearm carries a certain level of legal responsibility that does not come with gifting iPads or socks. Texas Gun Sense info@txgunsense.org PO Box 92722, Austin, TX 78709-2722 (512) 903-4186 Kyle Rittenhouse's trial has returned again and again to the semiautomatic rifle he used to kill two men and wound a third during the unrest in Kenosha, Wis., last year. 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 HILL 1625 K STREET, NW SUITE 900 WASHINGTON DC 20006 | 202-628-8500 TEL | 202-628-8503 FAX. Firearm Gifts Legal Considerations . Walker signs bill upping penalties on straw purchases 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 State laws punishing straw purchases vary. Section 18 U.S.C. . 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 Gov. Section 18 U.S.C. 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. K-Mart Classics: Remingtons Nylon Rimfires Engineered To Last. 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. Straw Purchase Law and Legal Definition. An official website of the United States government. When transferring or purchasing a firearm, individuals must complete an ATF Form 4473. 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. Despite the federal prohibition and state-level legislation, many gun control advocates and experts say the illegal transactions still happen regularly. The PSN approach involves collaboration by federal, state, and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence. Just hours before the protests, Rosenbaum had been released from a hospital following psychiatric care for a suicide attempt. Assistant U.S. Attorney Taylor L. Kraus prosecuted this case. 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. A straw purchaser can be identified as a person with a clean background who purchases firearms specifically on behalf of a person prohibited from purchasing a firearm because that prohibited person is a convicted felon, domestic violence misdemeanant, juvenile, an individual who has been adjudicated mentally ill or one who is prohibited for other Pennington is prohibited from purchasing a firearm due to multiple felony convictions in the state of Wisconsin. The gun seller can also be held liable under 18 U.S.C. 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. All Rights Reserved, Gov. Dept. 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. The person that Zastrow bought the firearms for was a convicted felon. . 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. Stay in the know. The U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives provided assistance. Access your favorite topics in a personalized feed while you're on the go. Some other states have looser regulations that prohibit individuals from knowingly encouraging sellers to conduct those illegal firearm transfers, according to the group. A straw purchase is one in which one Person "A" buys a firearm for Person "B", at Person "B's" request. of Justice: Merrill woman sentenced to prison for making false statements during purchase of firearms, WisPolitics luncheon with Gov. The 5-4 ruling allows strict enforcement of the federal ban on gun "straw purchases," or one person buying a . 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. 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. On January 13, 2022, Zastrow purchased two firearms in Wisconsin Rapids. U.S. Attorney's Office, Northern District of Illinois, Law Enforcement Coordinating Committee (LECC), Two Men Indicted in Scheme to Straw Purchase Firearms in Wisconsin and Re-Sell Them in Chicago, Federal Judge Sentences Rockford Man to More Than Five Years in Prison for Illegally Possessing Firearm in Rockford, Federal Inmate Sentenced to More Than Seven Years in Prison for Assaulting Federal Correctional Officer, Chicago Man Sentenced to Eight Years for Setting Fire to Cell Phone Store, Two Men Indicted In Scheme To Straw Purchase Firearms In Wisconsin and Re Sell Them In Chicago. A locked padlock He pleaded not guilty during his arraignment that day in federal court in Chicago before U.S. Magistrate Judge Maria Valdez. 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. Zastrow's prison term will be followed by a 3-year stint on supervised release. 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. The campaign was designed to prevent and discourage illegal straw purchases. 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. 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. 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. May 17, 2018: Valentine purchased two handguns at Holmen Pawn Shop in Holmen, Wisc. A straw purchase occurs when somebody purchases a firearm for another person while pretending to purchase it for personal use. Democrats hope they can bring a gun violence package to the floor the week of June 20. Chicago, a much larger city but with similarly high murder rate, recovered 247 guns per 100,000 people. Everytown for Gun Safety and other gun control groups have called on Congress to strengthen laws governing gun trafficking and straw purchases. Someone makes a straw purchase when they purchase a gun on behalf of someone else who may not be . Video of 17-year-old Kyle. 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. The bill, SB 408, was among 41 signed by. CHICAGO A Chicago resident has been sentenced to eight years in federal prison for setting fire to the Boost Mobile Store Eastern Division Similarly, those acting as a human holster for a criminal would be subject to a felony. 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. This prison term will be followed by a 3-year term of supervised release. Federally licensed firearm dealers are required to perform background checks for those seeking to buy a firearm. 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. Circumstantial vs. Generally, secretly purchasing a gun on someone else's behalf from a gun dealer, called a straw purchase, is illegal. 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. The family has a 13-acre property with an old gravel pit used as a gun range. According to Kenoshanews. Jones or an intermediary told the straw purchasers which firearms to buy and provided the money for the purchases. Huber's great aunt, Susan Hughes, also testified at Rittenhouse's trial, saying Huber knew Jacob Blake personally and was upset by his shooting. 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. 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. Straw purchasing firearms is not a victimless crime, said FBI Assistant SAC Larry L. Lapp. Anthony Huber's girlfriend told the New York Post that she and Huber, 26, were protesting that night. Sentencing Guidelines. Share sensitive information only on official, secure websites. If the end recipient is not disclosed to the gun dealer/seller, they cannot run the background check for the actual purchaser/owner. 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. 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. However, you should beware of what is known as a straw purchase, which is illegal. Instead, Ritchie passed the guns off to Victor Pennington in exchange for meth. 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. 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. 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. https://docs.legis.wisconsin.gov/2011/related/subject_index/index/f/firearms_and_dangerous_weapons, https://law.cornell.edu/uscode/text/18/922, https://law.cornell.edu/uscode/text/18/924. 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. The two reportedly agreed that Black would keep the gun until Rittenhouse turned 18 in January 2021, according to court testimony. 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. 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. 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 firearms in question were used by Tanner Graap. The government is represented by Assistant U.S. He was ordered released on bond, and a status hearing was scheduled for Sept. 17, 2019, before U.S. District Judge John Z. Lee. Who Can't Buy a Gun in Wisconsin? Black is now being prosecuted for participating in the illegal straw purchase of the weapon on behalf of Rittenhouse. 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. With no legislative text, the specifics of a crackdown on straw purchases remain unclear. 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. Every cowboy needs a revolver. This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Departments program to reduce violent crime. By signing up you agree to Guns.com's But any violation of the Gun Control Act, 1968 make the . If they ask you to buy it, fill out the 4473 in your name, and then pay you . March 8, 2018: Valentine purchased three handguns at Gander Outdoors in Onalaska, Wisc. 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. Official websites use .gov As far as straw purchases go, you stand in for someone. of Justice: Merrill woman sentenced to prison for making false statements during purchase of firearms. 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. Straw purchasers and firearm traffickers enable unlawful possession of guns and the violence that may follow, said John R. Lausch, Jr., United States Attorney for the Northern District of Illinois. This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Departments program to reduce violent crime. Seven states have laws that penalize sellers who transfer firearms to traffickers under certain circumstances, according to Giffords, a gun violence advocacy group. How Can Employers Avoid Accusations of Wrongful Termination? 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. Contact Us About Straw Purchases in Texas. Assistant U.S. Attorney Taylor L. Kraus prosecuted this case. Graap allegedly used one of those firearms to fatally shoot and kill Kayla Frank. It is legal to purchase a firearm as a gift for another, if you are actually buying the firearm for . Need Help?service@guns.comCall (866)582-4867, PO Box 1131 13800 Nicollet Blvd Burnsville, MN 55337 2023Guns.com. 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. 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 . 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. A .gov website belongs to an official government organization in the United States. But the tech company later confirmed that Rittenhouse had not been a follower of the flagged page. In order to complete the purchase of the firearms, she represented that she was the actual buyer of these firearms when she was not. Here is the reason. 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. With other recent changes in the law, straw purchases, and people charged with other gun crimes, now face severe criminal penalties. You have permission to edit this article. The bill, SB 408, was among 41 signed by the Republican without comment this week. 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. Each count of the indictment is punishable by a maximum sentence of five years in prison. 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. An indictment. According to Kyle The Answer to this is no. When I dress Western, nothing beats the classic good looks of my Smith & Wesson (S&W) 586 .357 revolver. Since then, a number of straw buyers have faced a mandatory five-year minimum sentence under its guidelines. Danzy was released on a $4,500 unsecured bond. 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 . 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. 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. Gun Shows. 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. 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. 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. April 13, 2018: Valentine purchased a handgun at Big Rooster Firearms in Sparta, Wisc. 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. There was a problem saving your notification. Straw purchasing is when someone buys a gun for another person who isn't legally allowed to own one, such as felons. But Rittenhouse has never publicly identified as a member of any extremist group. It is classified as a serious crime in Illinois (Class 2 felony), but police rarely. 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. 327 S. Church Street, Room 3300 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. Smith & Wesson Model 586: Reviewing A .357 Revolver With Class. 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. Home Press Releases Dept. But those background checks and records involve the purchaser of the firearm and not always the ultimate user of the gun. Commercial Contract Review, Drafting, and Negotiation, Employment Contracts and Non-Compete Agreements, Data Breaches / Cybersecurity Civil Defense, Identity Theft / Internet Fraud Charges Defense, Governmental Licensing, Compliance and Administrative Review, Professional Licensing and Disciplinary Defense. Error! The offense is known as a 'straw purchase.' The person that Zastrow bought the firearms for was a convicted felon. Straw buying is a felony in progressive Connecticut, albeit one in the second-least-serious order of felonies. Who Is Liable When a Person Is Hit by a Car in Front of a Store? Here's what it's like to shoot this classic scattergun. This is known as a "straw purchase" and is a crime. Ashley Zastrow, 32, from Merrill, purchased two firearms in Wisconsin Rapids on Jan. 13, 2022. (2) The prohibition in sub. A "Kenosha Guard" militia group on Facebook did issue a "call to arms" ahead of the violenceon August 25. 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. This prison term will be followed by a 3-year term of supervised release. Charges were also filed against Callie Bender for two counts of straw purchase of a firearm, one count of aiding a felon and one count of possession of THC. "In sentencing Zastrow, U.S. District Judge William M. 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 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 general, straw purchases are legal except in cases where the ultimate receiver of goods or services uses those . A lock ( Straw purchase is a purchase where a purchaser knowingly acquiring an item or service for someone. In states where there is no specific law prohibiting a straw purchase, the federal law will apply. Success! 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. 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 . But Rittenhouse's possession of the firearm at the time was technically legal. I ask myself that question every day," she told the outlet. Two Minnesotans were recently charged and convicted for committing the crime. Firearms dont get much more iconic than John Moses Brownings legendary Auto-5 semi-auto shotgun, affectionately called the Humpback for its distinctive drop at the rear of the receiver. 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.