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. 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. Section 18 U.S.C. An official website of the United States government. The gun . 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 . Western Division WisPolitics.com DC breakfast with U.S. Rep. Mark Pocan, WisPolitics luncheon with Marquette University Law School Poll Director Charles Franklin. The two reportedly agreed that Black would keep the gun until Rittenhouse turned 18 in January 2021, according to court testimony. Kyle Ritchie was found guilty of buying four guns from a licensed dealer in Wausau last year by representing himself as the actual buyer. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. 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. Licensed dealers also are required under federal law to maintain records on their gun sales and make them available to law enforcement for inspection. 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. He pleaded not guilty Wednesday during his arraignment in federal court in Chicago before U.S. Magistrate Judge Gabriel A. Fuentes. Gun Shows. Thanks to Governor Walker, prosecutors should be able to make gun charges stick and get dangerous criminals off the streets.. 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. 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. But as Rittenhouse testified, the teenager drove himself to Kenosha ahead of the protests. How Old Do You Have to be to Buy a Gun in Wisconsin? Making sure that victims of federal crimes are treated with compassion, fairness and respect. I have no answer. 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. "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. Firearm Gifts Legal Considerations . 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. The Judge gave him the break of a lifetime by obfuscating two different statues. 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. 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. Any violations of these laws can result in a 10-year prison sentence and fines up to $250,000. May 19, 2018: Valentine purchased two handguns from a dealer at Bob and Roccos Gun Show in Onalaska, Wisc. 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. This prison term will be followed by a 3-year term of supervised release. of Justice: Merrill woman sentenced to prison for making false statements during purchase of firearms. 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. This crime is being prosecuted more vigorously as of late, and comes with a potential for a very long prison sentence. 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. Attorneys Albert Berry III and Elizabeth Pozolo. 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. Perhaps the most persistent myth surrounding the case is the idea that Rittenhouse, then 17, brought an AR-15 across state lines. 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. 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 . 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. This person was unable to legally possess a gun because of a previous felony conviction. But any violation of the Gun Control Act, 1968 make the . This indictment demonstrates the FBIs commitment to working with our law enforcement and prosecutorial partners to help stop the flow of illegal guns into our neighborhoods., We are going to continue to use the full weight of the Chicago Police Department and U.S. Justice Department to send a clear message that we will not tolerate the proliferation and use of illegal guns in Chicago, said CPD Supt. Get Guns.com offers and news!! 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. gun for an acquaintance in Chicago who was unable to buy a firearm himself due to a past felony conviction for theft in Wisconsin. State laws punishing straw purchases vary. 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. 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. A lock ( 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. 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. May 13, 2018: Valentine purchased two handguns at Ace Hardware in La Crosse, Wisc. The prosecution argued as such. 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. The Khindri brothers who own the dealership denied this under oath, but multiple other witnesses testified against them, backing Rittenhouse's version. 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. The public is reminded that an indictment is not evidence of guilt. All Rights Reserved, Gov. The U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives provided assistance. Seven states have laws that penalize sellers who transfer firearms to traffickers under certain circumstances, according to Giffords, a gun violence advocacy group. Straw buying is a felony in progressive Connecticut, albeit one in the second-least-serious order of felonies. May 17, 2018: Valentine purchased two handguns at Holmen Pawn Shop in Holmen, Wisc. 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. 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 . March 8, 2018: Valentine purchased three handguns at Gander Outdoors in Onalaska, Wisc. (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. We'll send breaking news and news alerts to you as they happen! She disputed the defense attorney's characterization of Huber as a "rioter" or "looter." Rittenhouse lived about 20 minutes outside of Kenosha, in Antioch, Illinois. Gun control groups have long called attention to the impact on gun violence of straw purchases, a term with which many may be unfamiliar. States such as Ohio, Nebraska, Oregon, and Delaware have individual straw purchase laws. 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. This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Departments program to reduce violent crime. This prison term will . But those background checks and records involve the purchaser of the firearm and not always the ultimate user of the gun. Share sensitive information only on official, secure websites. A judge ordered the release Wednesday of the Indiana man charged by the feds with acting as the so-called straw purchaser of the gun that killed Chicago Police Officer Ella French and drew the ire of the city's top cop. A .gov website belongs to an official government organization in the United States. 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. There are two federal statutes under which straw purchases are usually prosecuted: 18 U.S.C. 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. 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. After providing personal information, question 21 - made up of 11 "yes" or "no" sub-questions - begins by asking "Are you the actual transferee/buyer of the firearm (s) listed on this form . 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. Assistant U.S. Attorney Taylor L. Kraus prosecuted this case. 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. 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. firearms dealer can deliver the firearm to the purchaser. Straw Purchase Law and Legal Definition. 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. The Nylon 66, a relatively inexpensive rimfire with faux woodgrain, was the first successful synthetic-stock firearm. This is not the same thing as purchasing a firearm as a genuine, bonafide gift. 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. The 5-4 ruling allows strict enforcement of the federal ban on gun "straw purchases," or one person buying a . A straw purchase is one in which one Person "A" buys a firearm for Person "B", at Person "B's" request. Reports of thefts to police are much lower: they totalled about 240,000 in 2016, according to the FBI's National Crime Information Center, which derives its figures from data provided by local law enforcement. A straw purchase is any purchase in which a second person agrees to acquire a firearm for someone else. Gifting vs Straw Purchasing. 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. Kyle gifted the money to Dominic Black to Purchase the firearm for himself then do a private sale one Kyle had turned 18. "We are doubling down on our efforts across the DMV to prosecute any and all straw purchasing cases. 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. Since then, a number of straw buyers have faced a mandatory five-year minimum sentence under its guidelines. 327 S. Church Street, Room 3300 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. Graap allegedly used one of those firearms to fatally shoot and kill Kayla Frank. The gun seller can also be held liable under 18 U.S.C. Someone makes a straw purchase when they purchase a gun on behalf of someone else who may not be . 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. In 2012, Pennsylvania established the so-called Brad Fox Law named after a police officer shot in the head by a felon who had illegally purchased a gun through a third party. First things first, if you have reasonable cause to believe the person you're gifting a firearm to is prohibited from possessing . The individual is also accused of using one of the weapons to commit a homicide. Zastrow's prison term will be followed by a 3-year stint on supervised release. 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If convicted, the Court must impose reasonable sentences under federal statutes and the advisory U.S. Email notifications are only sent once a day, and only if there are new matching items. Pennington is prohibited from purchasing a firearm due to multiple felony convictions in the state of Wisconsin. 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. April 13, 2018: Valentine purchased a handgun at Big Rooster Firearms in Sparta, Wisc. The motives of Joseph Rosenbaum, 36, were less clear that night. 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. . A straw purchase occurs when somebody purchases a firearm for another person while pretending to purchase it for personal use. A Wisconsin jury fully acquitted Kyle Rittenhouse on Friday, finding him not guilty on five counts. Access your favorite topics in a personalized feed while you're on the go. Rosenbaum was seen in a number of videos not protesting but causing destruction, setting fires, tipping over a Porta Potty, wielding a chain, and at one point even shouting the N-word. Huber's great aunt, Susan Hughes, also testified at Rittenhouse's trial, saying Huber knew Jacob Blake personally and was upset by his shooting. 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. Tony Evers. The prison term will be followed by a three-year term of supervised release. 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. Prosecutors said Black bought the gun for Rittenhouse in what is known as a straw purchase. Criminals were very aware of these loopholes, said state Sen. Alberta Darling, R-River Hills. The PSN approach involves collaboration by federal, state, and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence. 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. Terms and Conditions and Privacy Policy. Ashley Zastrow, 32, purchased two firearms in Wisconsin Rapids on Jan. 13, 2022. The governor and Lane are supporting House Bill 306. 924(a)(1)(A). Thats why tougher laws on straw purchases are a priority for gun control groups. I ask myself that question every day," she told the outlet. Who Is Liable When a Person Is Hit by a Car in Front of a Store? Rockford: (815) 987-4444. 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.. 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. Two Minnesotans were recently charged and convicted for committing the crime. This is known as a "straw purchase" and is a crime. As far as straw purchases go, you stand in for someone. Scott Walker on Wednesday approved a measure touted as making it easier to prosecute illegal straw purchasing of firearms in the state. "Why was he there? The campaign was designed to prevent and discourage illegal straw purchases. 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. Help us combat the proliferation of sexual exploitation crimes against children. NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. The firearms in question were used by Tanner Graap. The charges Zastrow faced stemmed from one of the guns she purchased was used in a homicide. Black is now being prosecuted for participating in the illegal straw purchase of the weapon on behalf of Rittenhouse. Direct Evidence in Wisconsin Criminal Cases. 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. He was acquitted on all counts. 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. 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. 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. Have the latest local news delivered every afternoon so you don't miss out on updates. Straw purchase is a purchase where a purchaser knowingly acquiring an item or service for someone. Rockford, IL 61101, Chicago: (312) 353-5300 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.". Contact Us About Straw Purchases in Texas. On January 13, 2022, Zastrow purchased two firearms in Wisconsin Rapids. But the tech company later confirmed that Rittenhouse had not been a follower of the flagged page. Call us at 414-271-1440 or send us an e-mail today to discuss your case. Official websites use .gov Walker signs bill upping penalties on straw purchases in Wisconsin. 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.
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