Straw purchase is a purchase where a purchaser knowingly acquiring an item or service for someone. 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.". 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. 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. When transferring or purchasing a firearm, individuals must complete an ATF Form 4473. 219 S. Dearborn St., 5th Floor Short answer: it depends. Danzy, 29, is the alleged "straw purchaser" of the weapon that was used to fatally shoot Officer French and seriously wound her partner, who had. The gun . Licensed dealers also are required under federal law to maintain records on their gun sales and make them available to law enforcement for inspection. He was acquitted on all counts. of Justice: Merrill woman sentenced to prison for making false statements during purchase of firearms, WisPolitics luncheon with Gov. Home Press Releases Dept. The charge against Zastrow was the result of an investigation conducted by the Lincoln County Sheriffs Office, Merrill Police Department, andFederal Bureau of Investigation, with the assistance of the Marshfield Police Department. The case was brought forward through a multi-jurisdiction effort between law enforcement in Lincoln and Wood counties along with the FBI. Some other states have looser regulations that prohibit individuals from knowingly encouraging sellers to conduct those illegal firearm transfers, according to the group. Pair indicted in Wisconsin gun-buying spree for felon Black is now being prosecuted for participating in the illegal straw purchase of the weapon on behalf of Rittenhouse. Zastrow's prison term will be followed by a 3-year stint on supervised release. But Rittenhouse's possession of the firearm at the time was technically legal. Sign up for notifications from Insider! A straw purchase occurs when somebody purchases a firearm for another person while pretending to purchase it for personal use. 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. 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. He pleaded not guilty Wednesday during his arraignment in federal court in Chicago before U.S. Magistrate Judge Gabriel A. Fuentes. Jones or an intermediary told the straw purchasers which firearms to buy and provided the money for the purchases. 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. Rockford: (815) 987-4444. 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. 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. Texas Gun Sense info@txgunsense.org PO Box 92722, Austin, TX 78709-2722 (512) 903-4186 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. Attorneys Albert Berry III and Elizabeth Pozolo. Southern District of West Virginia | West Virginia Straw Purchaser Court Case For Man Who Bought Rittenhouse Rifle Delayed Project Safe Neighborhoodsis a nationwide initiativeto reduce gun violence and violent crime in neighborhoods across the country. 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. Direct Evidence in Wisconsin Criminal Cases. 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. What is a Straw Purchase? | Rosenthal Kalabus & Therrian 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. 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 . 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. 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. Who Can't Buy a Gun in Wisconsin? What Is A Strawman Purchase And Why Is It Illegal? | AGA Criminals were very aware of these loopholes, said state Sen. Alberta Darling, R-River Hills. 922(d) if the seller knew or had reason to know that the person buying the gun is a criminal or otherwise prohibited buyer. The gun seller can also be held liable under 18 U.S.C. 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.. NRA Blog | Buying and Selling a Firearm: Straw Purchases We'll send breaking news and news alerts to you as they happen! Merrill woman sentenced to federal prison in case stemming from 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. 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. WisPolitics.com DC breakfast with U.S. Rep. Mark Pocan, WisPolitics luncheon with Marquette University Law School Poll Director Charles Franklin. 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 I have no answer. 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. At Rosenthal Kalabus & Therrian, our top-rated Collin County criminal lawyers have extensive experience handling federal firearms cases. 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. Zastrow Sentenced for Straw Gun Purchase | 95.5 WIFC If the end recipient is not disclosed to the gun dealer/seller, they cannot run the background check for the actual purchaser/owner. 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. "We are doubling down on our efforts across the DMV to prosecute any and all straw purchasing cases. A straw purchase is an illegal firearm purchase where the actual buyer of the gun, being unable to pass the required federal background check or desiring to not have his or her name associated with the transaction, uses a proxy buyer who can pass the required background check to purchase the firearm for him/her. 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. Get Guns.com offers and news!! Judge Conley also reasoned that a prison sentence was warranted given the defendants poor performance on pre-trial release and nominal efforts to confront her methamphetamine addiction. The PSN approach involves collaboration by federal, state, and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence. Rittenhouse straw purchase case collapses, friend offered plea deal 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. Gifting a Firearm: Do's and Don'ts - A Girl and A Gun Rittenhouse did testify that his mother drove him to a local police station to surrender following the shootings. Circumstantial vs. 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. Firearm Gifts Legal Considerations . America Should Be Prosecuting Straw Purchasers, Not Gun Dealers A lock ( . Ashley Zastrow, 32, purchased two firearms in Wisconsin Rapids on Jan. 13, 2022. 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. Lock By signing up you agree to Guns.com's Buying Guns as Gifts - Legal Concerns and Best Practices 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. 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 Purchasers of Firearms Face Serious Charges 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. That person also allegedly used one of the firearms purchased by Zastrow to commit a homicide. 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. The two reportedly agreed that Black would keep the gun until Rittenhouse turned 18 in January 2021, according to court testimony. 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. Although there are exceptions, generally all firearm purchasers must be at least 21 years of age to purchase any firearm. Rocha was arrested in Wisconsin on Aug. 9, 2019. To complete the purchase,she represented that she was the actual buyer of these firearms when in fact she was not. The public is reminded that an indictment is not evidence of guilt. Graap allegedly used one of those firearms to fatally shoot and kill Kayla Frank. Giving someone a firearm carries a certain level of legal responsibility that does not come with gifting iPads or socks. But the tech company later confirmed that Rittenhouse had not been a follower of the flagged page. May 17, 2018: Valentine purchased two handguns at Holmen Pawn Shop in Holmen, Wisc. Feds say 'straw buyer' purchased 39 handguns for a felon since July, paid more than $25,000 cash to firearms dealers. 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. 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. 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. Stay up to date with what you want to know. Tony Evers. 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. 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. Stop Straw Purchases - Texas Gun Sense "Why was he there? Remington's Nylon 66 semi-automatic .22 LR rifles have grown from 1950s bargain buys to 21st century collectors darlings. There was a problem saving your notification. Instead, Ritchie passed the guns off to Victor Pennington in exchange for meth. The PSN approach involves collaboration by federal, state, and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence. Kyle gifted the money to Dominic Black to Purchase the firearm for himself then do a private sale one Kyle had turned 18. You have permission to edit this article. 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. FAQ | Dontlie.org 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. The U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives provided assistance. Chicago, a much larger city but with similarly high murder rate, recovered 247 guns per 100,000 people. 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. A jury fully acquitted Kyle Rittenhouse on Friday, bringing a close to the high-profile and often tense trial that reflected America's deep political polarization. Beware the Straw Purchase! NSSF 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. 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. By clicking Sign up, you agree to receive marketing emails from Insider 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. Thanks to Governor Walker, prosecutors should be able to make gun charges stick and get dangerous criminals off the streets.. Perhaps the most persistent myth surrounding the case is the idea that Rittenhouse, then 17, brought an AR-15 across state lines. 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. as well as other partner offers and accept our. Rittenhouse, 18, was on trial for fatally shooting two men and injuring a third during civil unrest in Kenosha in 2020. Insider debunked six prevalent myths surrounding the high-profile and tense trial. 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. Since then, a number of straw buyers have faced a mandatory five-year minimum sentence under its guidelines. The barrels under 16 inches should've only applied to 18 year old+ who were legally allowed to carry. Email notifications are only sent once a day, and only if there are new matching items. Dept. of Justice: Merrill woman sentenced to prison - wisbusiness.com Minnesota attorney general sues Fleet Farm over firearm sales Should I Move Out of My Home During My Divorce? 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. The 5-4 ruling allows strict enforcement of the federal ban on gun "straw purchases," or one person buying a . This is not giving a gift. Assistant U.S. Attorney Taylor L. Kraus prosecuted this case. If they ask you to buy it, fill out the 4473 in your name, and then pay you . What is straw purchasing a gun? - Yahoo! News 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. gun for an acquaintance in Chicago who was unable to buy a firearm himself due to a past felony conviction for theft in Wisconsin. The civil rights attorney Ben Crump, who is representing the Blake family, falsely described Rittenhouse on Friday as a "self-declared white nationalist." You should know the laws that apply to buying firearms as gifts for another person. This prison term will . 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 . The weapon Rittenhouse used to shoot the three men was obtained in what many would consider a "straw purchase" arms sale. Rittenhouse Judge Drops Illegal Gun Possession Charges Ahead - Truthout Straw Purchase Lawyers | LegalMatch THE HILL 1625 K STREET, NW SUITE 900 WASHINGTON DC 20006 | 202-628-8500 TEL | 202-628-8503 FAX. 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. 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. 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. Federally licensed firearm dealers are required to perform background checks for those seeking to buy a firearm. Please call us today at (972) 369-0577 to schedule a . Everytown for Gun Safety and other gun control groups have called on Congress to strengthen laws governing gun trafficking and straw purchases. PDF 2021 California Firearms Laws Summary - Attorney General of California Abramski v. United States | Supreme Court Bulletin | US Law | LII 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. 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. Giving a gun as a gift? Here's what you need to know - Guns.com First things first, if you have reasonable cause to believe the person you're gifting a firearm to is prohibited from possessing . Federal law criminalizes making false statements about a material fact on ATF forms and criminalizes presenting false identification when purchasing a firearm. Section 18 U.S.C. How is a gun retailer supposed to stop straw purchases? Seven states have laws that penalize sellers who transfer firearms to traffickers under certain circumstances, according to Giffords, a gun violence advocacy group. Ashley Zastrow, 32, from Merrill, purchased two firearms in Wisconsin Rapids on Jan. 13, 2022. His legal team said Rittenhouse did not know who the men were or what group they were affiliated with and was unfamiliar with the hand symbol's meaning. 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. Error! 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. (Photo: Walkers office). NRA Blog | Buying and Selling a Firearm: Giving Someone A Gun In civil lawsuit, Ellison alleges Fleet Farm sold guns to straw buyers Judge orders release of man charged with straw purchase of gun March 8, 2018: Valentine purchased three handguns at Gander Outdoors in Onalaska, Wisc. 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. Straw Purchase Law and Legal Definition | USLegal, Inc. 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. 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. 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 as Rittenhouse testified, the teenager drove himself to Kenosha ahead of the protests. Just hours before the protests, Rosenbaum had been released from a hospital following psychiatric care for a suicide attempt. The two reportedly agreed that Black would keep the gun until Rittenhouse turned 18 in January 2021, according to court testimony. Ritchie will also serve extended supervision after his release. 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.