Assistant U.S. Attorney Taylor L. Kraus prosecuted this case. 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. 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. Gifting vs Straw Purchasing. 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. Licensed dealers also are required under federal law to maintain records on their gun sales and make them available to law enforcement for inspection. 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. Gun Shows. Pennington will be sentenced for his role in the incident (one count of distributing meth) next January. But during his trial, Rittenhouse testified in court that he drove himself from his home in Illinois to Kenosha on August 24, 2020, the day before he fatally shot two men. Federally licensed firearm dealers are required to perform background checks for those seeking to buy a firearm. 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. 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. With other recent changes in the law, straw purchases, and people charged with other gun crimes, now face severe criminal penalties. An email has been sent to with a link to confirm list signup. The person that Zastrow bought the firearms for was a convicted felon. She disputed the defense attorney's characterization of Huber as a "rioter" or "looter." 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. 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. 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 crime is being prosecuted more vigorously as of late, and comes with a potential for a very long prison sentence. Western Division 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. First things first, if you have reasonable cause to believe the person you're gifting a firearm to is prohibited from possessing . 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. Since then, a number of straw buyers have faced a mandatory five-year minimum sentence under its guidelines. 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 . Success! A locked padlock This is not John Waynes revolver it is a modern work of art! States such as Ohio, Nebraska, Oregon, and Delaware have individual straw purchase laws. 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. Although there are exceptions, generally all firearm purchasers must be at least 21 years of age to purchase any firearm. There was an error processing your request. There are two federal statutes under which straw purchases are usually prosecuted: 18 U.S.C. 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. 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. Wisconsin Gov. Tips For Preventing Firearm Straw Purchases. Smith & Wesson Model 586: Reviewing A .357 Revolver With Class. Black is now being prosecuted for participating in the illegal straw purchase of the weapon on behalf of Rittenhouse. Here is the reason. Ashley Zastrow, 32, purchased two firearms in Wisconsin Rapids on Jan. 13, 2022. Attorneys Albert Berry III and Elizabeth Pozolo. ) or https:// means youve safely connected to the .gov website. A small number of states also penalize the actual buyer in straw purchases. The Nylon 66, a relatively inexpensive rimfire with faux woodgrain, was the first successful synthetic-stock firearm. He was acquitted on all counts. Sentencing Guidelines. Learn how you can help drug endangered children. 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. Jones or an intermediary told the straw purchasers which firearms to buy and provided the money for the purchases. 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. Scott Walker on Wednesday approved a measure touted as making it easier to prosecute illegal straw purchasing of firearms in the state. Anthony Huber's girlfriend told the New York Post that she and Huber, 26, were protesting that night. Good luck with that. This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Departments program to reduce violent crime. But Rittenhouse has never publicly identified as a member of any extremist group. The Judge gave him the break of a lifetime by obfuscating two different statues. The barrels under 16 inches should've only applied to 18 year old+ who were legally allowed to carry. 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. In all, the agency logged 2,420 firearms in 2016, a rate of 407 per 100,000 people. Huber's great aunt, Susan Hughes, also testified at Rittenhouse's trial, saying Huber knew Jacob Blake personally and was upset by his shooting. 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 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 Khindri brothers who own the dealership denied this under oath, but multiple other witnesses testified against them, backing Rittenhouse's version. . 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. 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. Minnesota Attorney General Keith Ellison on Wednesday filed a civil lawsuit against Wisconsin-based retailer Fleet Farm for allegedly selling guns to straw purchasers, including a man who. 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. The offense is known as a 'straw purchase.' The gun seller can also be held liable under 18 U.S.C. 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. March 23, 2018: Valentine purchased two handguns from a dealer at Bob and Roccos Gun Show in Onalaska, Wisc. 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. On January 13, 2022, Zastrow purchased two firearms in Wisconsin Rapids. Rocha was arrested in Wisconsin on Aug. 9, 2019. 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. His Illinois residence helped spur rumors that the teenager traveled to Wisconsin with his rifle illegally in tow. This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Departments program to reduce violent crime. First, contrary to what most people think, no Federal Law prohibits you from buying a gun as a gift for someone else. The offense is known as a 'straw purchase.' The person that Zastrow bought the firearms for was a convicted felon. 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. Pennington is prohibited from purchasing a firearm due to multiple felony convictions in the state of Wisconsin. Rockford, IL 61101, Chicago: (312) 353-5300 Some other states have looser regulations that prohibit individuals from knowingly encouraging sellers to conduct those illegal firearm transfers, according to the group. Gun control groups have long called attention to the impact on gun violence of straw purchases, a term with which many may be unfamiliar. Help us combat the proliferation of sexual exploitation crimes against children. Straw Purchase Law and Legal Definition. 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. Who Is Liable When a Person Is Hit by a Car in Front of a Store? The weapon Rittenhouse used to shoot the three men was obtained in what many would consider a "straw purchase" arms sale. 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. If they ask you to buy it, fill out the 4473 in your name, and then pay you . As far as straw purchases go, you stand in for someone. 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 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. 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.. Prosecutors said Black bought the gun for Rittenhouse in what is known as a straw purchase. Rockford: (815) 987-4444. 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. An indictment. The two reportedly agreed that Black would keep the gun until Rittenhouse turned 18 in January 2021, according to court testimony. Assistant U.S. Attorney Taylor L. Kraus prosecuted this case. May 13, 2018: Valentine purchased two handguns at Ace Hardware in La Crosse, Wisc. Direct Evidence in Wisconsin Criminal Cases. 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. 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. Seven states have laws that penalize sellers who transfer firearms to traffickers under certain circumstances, according to Giffords, a gun violence advocacy group. 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. 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. According to Kenoshanews. A lock ( 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. I have no answer. May 17, 2018: Valentine purchased two handguns at Holmen Pawn Shop in Holmen, Wisc. Project Safe Neighborhoodsis a nationwide initiativeto reduce gun violence and violent crime in neighborhoods across the country. A straw purchase typically involves one person buying a gun for someone else, usually because the other person cannot pass a background check or does not want a record of the purchase in their name. By clicking Sign up, you agree to receive marketing emails from Insider According to Kyle The Answer to this is no. Tell us what you think about the songs we play! You are the original buyer, yet you have no intent to own the gun. 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.". During the investigation, law enforcement utilized ATFs National Integrated Ballistic Information Network. Who Can Be Held Liable for Winter Truck Accidents. A straw purchase occurs when somebody purchases a firearm for another person while pretending to purchase it for personal use. By signing up you agree to Guns.com's Circumstantial vs. Court documents showed the Smith & Wesson M&P 15 rifle was purchased by Black on May 1 at Ladysmith Ace . Section 18 U.S.C. The firearms in question were used by Tanner Graap. 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. 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. firearms dealer can deliver the firearm to the purchaser. Stay up to date with what you want to know. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In states where there is no specific law prohibiting a straw purchase, the federal law will apply. 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. Straw purchasing is when someone buys a gun for another person who isn't legally allowed to own one, such as felons. 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. ROCKFORD A federal judge has sentenced a Rockford man to five years and four months in federal prison for illegally possessing a firearm in Rockford, to be followed by ROCKFORD A former inmate of the United States Penitentiary in Thomson, Ill. was sentenced today to more than seven years in federal prison for assaulting a federal correctional officer. 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. We are tired of t. However, you should beware of what is known as a straw purchase, which is illegal. 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. Chicago, a much larger city but with similarly high murder rate, recovered 247 guns per 100,000 people. Making sure that victims of federal crimes are treated with compassion, fairness and respect. 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. Every time the left tries to harm innocent law abiding citizens, it runs the risk of conservative Americans lashing out. 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. 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. 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 . It is this intent that matters. 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. There was a problem saving your notification. 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. He was ordered released on bond, and a status hearing was scheduled for Sept. 17, 2019, before U.S. District Judge John Z. Lee. K-Mart Classics: Remingtons Nylon Rimfires Engineered To Last. Law enforcement agents call people who buy guns for those who aren't legally . Purchasing firearms for people prohibited from owning them, commonly known as straw purchases, would be a felony in Wisconsin if a newly introduced bill is passed into law. 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 person purchase on behalf of other when the other person is unable to purchase the item or service themselves is not considered as an illegal act. 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. The backers of the proposal, which passed the legislature on a voice vote, say the move was requested by the Milwaukee Police Department. of Justice: Merrill woman sentenced to prison for making false statements during purchase of firearms, WisPolitics luncheon with Gov. The bipartisan group of senators announced on Sunday that it would seek to crack down on those purchases as part of an agreement on a series of gun-related proposals. Fighting violent crime is a top priority in our office, and we are committed to holding accountable those who engage in illicit firearm transactions.. 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. "Why was he there? When transferring or purchasing a firearm, individuals must complete an ATF Form 4473. The criminal case against the 19-year-old who allegedly made the straw purchase that provided Kyle Rittenhouse his gun has been put on . Federal law criminalizes making false statements about a material fact on ATF forms and criminalizes presenting false identification when purchasing a firearm. The civil rights attorney Ben Crump, who is representing the Blake family, falsely described Rittenhouse on Friday as a "self-declared white nationalist." Zastrow's prison term will be followed by a 3-year stint on supervised release. Straw purchasing firearms is not a victimless crime, said FBI Assistant SAC Larry L. Lapp. State laws punishing straw purchases vary. 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. Any violations of these laws can result in a 10-year prison sentence and fines up to $250,000. Black said he used Rittenhouse's . 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. 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. This is known as a "straw purchase" and is a crime. An official website of the United States government. Straw purchase is a purchase where a purchaser knowingly acquiring an item or service for someone. 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. If convicted, the Court must impose reasonable sentences under federal statutes and the advisory U.S. A Wisconsin jury fully acquitted Kyle Rittenhouse on Friday, finding him not guilty on five counts. There was a problem saving your notification. 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. Should I Move Out of My Home During My Divorce? (2) The prohibition in sub. Rosenbaum's fiance told The Washington Post in 2020 that he wasn't there as a rioter or a looter. The jury's verdict in the case, handed down on October 13, 2015, found that a gun shop employee acted negligentlyand . Graap will next be in court again on May 8th at 11 a.m. for a Motion hearing. A straw purchase is when you purchase a firearm at the behest of another person. Terms and Conditions and Privacy Policy. You should know the laws that apply to buying firearms as gifts for another person. of Justice: Merrill woman sentenced to prison for making false statements during purchase of firearms. 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 straw purchase occurs when somebody purchases a firearm for another person while pretending to purchase it for personal use. The gun was already being stored at a friend's house in Kenosha, according to police records and court testimony. It is legal to purchase a firearm as a gift for another, if you are actually buying the firearm for . as well as other partner offers and accept our. They're illegal, because criminals and other people who cannot pass a background check often get other people, who can pass a background check, to buy guns for them. The charges were the result of an investigation conducted by the Central Wisconsin Narcotics Task Force, Wisconsin DOJ- Division of Criminal Investigation, and the FBI. (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.