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. After he pleaded not guilty to the initial charges in January 2021, prosecutors said Rittenhouse went to a bar in Mount Pleasant, Wisconsin, where he posed for photos with members said to be of the Proud Boys while flashing a "white power" hand signal. Tony Evers. Instead, Ritchie passed the guns off to Victor Pennington in exchange for meth. The backers of the proposal, which passed the legislature on a voice vote, say the move was requested by the Milwaukee Police Department. Graap will next be in court again on May 8th at 11 a.m. for a Motion hearing. Tell us what you think about the songs we play! An official website of the United States government. The individual is also accused of using one of the weapons to commit a homicide. An indictment. Fighting violent crime is a top priority in our office, and we are committed to holding accountable those who engage in illicit firearm transactions.. In order to complete the purchase of the firearms, she represented that she was the actual buyer of these firearms when she was not. Section 941.2905 - Straw purchasing of firearms (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. 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. May 17, 2018: Valentine purchased two handguns at Holmen Pawn Shop in Holmen, Wisc. A locked padlock 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 . 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. Share sensitive information only on official, secure websites. 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. 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. According to Kenoshanews. Two Minnesotans were recently charged and convicted for committing the crime. By signing up you agree to Guns.com's 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. 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. 922(d) if the seller knew or had reason to know that the person buying the gun is a criminal or otherwise prohibited buyer. 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. It is a bill that would prohibit so-called "straw purchases" of firearms; it would make this practice a fourth-degree felony in New Mexico, according to a press release from the governor's office. 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. There was an error processing your request. 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. Secure .gov websites use HTTPS But Rittenhouse has never publicly identified as a member of any extremist group. The person that Zastrow bought the firearms for was a convicted felon. 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. K-Mart Classics: Remingtons Nylon Rimfires Engineered To Last. 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. 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. Pennington will be sentenced for his role in the incident (one count of distributing meth) next January. There was a problem saving your notification. By clicking Sign up, you agree to receive marketing emails from Insider was on the University of Wisconsin Pistol Team for four . 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. 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. 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. 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 . 941.2905 Straw purchasing of firearms. Criminals were very aware of these loopholes, said state Sen. Alberta Darling, R-River Hills. Straw Purchase Law and Legal Definition. 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. Section 18 U.S.C. 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. 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. 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. 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. "We are doubling down on our efforts across the DMV to prosecute any and all straw purchasing cases. The campaign was designed to prevent and discourage illegal straw purchases. A straw purchase, as defined by the Bureau of Alcohol, Tobacco, Firearms and Explosives, involves someone who purchases a gun for someone who is prohibited by law from possessing one or for someone who does not want their name associated with the transaction. 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. He pleaded not guilty during his arraignment that day in federal court in Chicago before U.S. Magistrate Judge Maria Valdez. The prison term will be followed by a three-year term of supervised release. of Justice: Merrill woman sentenced to prison for making false statements during purchase of firearms, WisPolitics luncheon with Gov. 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 judge noted that the prosecution did not find any evidence of his affiliation with a white supremacist group in phone records or social media history, and as Michelle Mark previously reported, ruled the trip to the bar was not relevant to the 2020 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. 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. 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. (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. 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. Law enforcement agents call people who buy guns for those who aren't legally . The offense is known as a 'straw purchase.' The person that Zastrow bought the firearms for was a convicted felon. 327 S. Church Street, Room 3300 Texas Gun Sense info@txgunsense.org PO Box 92722, Austin, TX 78709-2722 (512) 903-4186 Kyle Ritchie was found guilty of buying four guns from a licensed dealer in Wausau last year by representing himself as the actual buyer. Should I Move Out of My Home During My Divorce? Scott Walker on Wednesday approved a measure touted as making it easier to prosecute illegal straw purchasing of firearms in the state. 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. Firearm Gifts Legal Considerations . 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. The U.S. Supreme Court delivered a major victory to gun control advocates on Monday. His Illinois residence helped spur rumors that the teenager traveled to Wisconsin with his rifle illegally in tow. 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. First, contrary to what most people think, no Federal Law prohibits you from buying a gun as a gift for someone else. With no legislative text, the specifics of a crackdown on straw purchases remain unclear. With other recent changes in the law, straw purchases, and people charged with other gun crimes, now face severe criminal penalties. A straw purchase occurs when somebody purchases a firearm for another person while pretending to purchase it for personal use. Graap is charged with first-degree intentional homicide, first-degree reckless homicide, possessing a firearm as a convicted felon, and two counts of second-degree recklessly endangering safety. 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. A "Kenosha Guard" militia group on Facebook did issue a "call to arms" ahead of the violenceon August 25. 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. Western Division It is legal to purchase a firearm as a gift for another, if you are actually buying the firearm for . The PSN approach involves collaboration by federal, state, and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence. 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. 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. Rittenhouse was also charged with reckless endangerment of two additional men. It is a serious danger to our communities. 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. This is not the same thing as purchasing a firearm as a genuine, bonafide gift. 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. 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. Ashley Zastrow, 32, from Merrill, purchased two firearms in Wisconsin Rapids on Jan. 13, 2022. Tips For Preventing Firearm Straw Purchases. He pleaded not guilty Wednesday during his arraignment in federal court in Chicago before U.S. Magistrate Judge Gabriel A. Fuentes. . Federal law criminalizes making false statements about a material fact on ATF forms and criminalizes presenting false identification when purchasing a firearm. Direct Evidence in Wisconsin Criminal Cases. Despite the federal prohibition and state-level legislation, many gun control advocates and experts say the illegal transactions still happen regularly. Licensed dealers also are required under federal law to maintain records on their gun sales and make them available to law enforcement for inspection. Top Ukrainian intelligence official: Russia will run out of military Watch live: White House monkeypox response team holds briefing, Do Not Sell or Share My Personal Information. gun for an acquaintance in Chicago who was unable to buy a firearm himself due to a past felony conviction for theft in Wisconsin. 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 . 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 . THE HILL 1625 K STREET, NW SUITE 900 WASHINGTON DC 20006 | 202-628-8500 TEL | 202-628-8503 FAX. 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. 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. Video of 17-year-old Kyle. 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. 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. I ask myself that question every day," she told the outlet. The prosecution argued as such. Since then, a number of straw buyers have faced a mandatory five-year minimum sentence under its guidelines. The offense is known as a 'straw purchase.' 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 gun . 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. 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. 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 . Stay up to date with what you want to know. 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. Johnson. 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. First things first, if you have reasonable cause to believe the person you're gifting a firearm to is prohibited from possessing . 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. WisPolitics.com & WisBusiness.com: The clean energy shift is underway: How will the Inflation Reduction Act accelerate the transition? 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. 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. 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 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.". But Rittenhouse's possession of the firearm at the time was technically legal. 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. 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. of Justice: Merrill woman sentenced to prison for making false statements during purchase of firearms. How Old Do You Have to be to Buy a Gun in Wisconsin? May 13, 2018: Valentine purchased two handguns at Ace Hardware in La Crosse, Wisc. Federally licensed firearm dealers are required to perform background checks for those seeking to buy a firearm. Good luck with that. How Can Employers Avoid Accusations of Wrongful Termination? March 23, 2018: Valentine purchased two handguns from a dealer at Bob and Roccos Gun Show in Onalaska, Wisc. Smith & Wesson Model 586: Reviewing A .357 Revolver With Class. Every time the left tries to harm innocent law abiding citizens, it runs the risk of conservative Americans lashing out. He was acquitted on all counts. "This is part of a longstanding and deadly pattern in Chicago of straw . 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 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 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. 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. Here is the reason. You have permission to edit this article. She disputed the defense attorney's characterization of Huber as a "rioter" or "looter." Section 18 U.S.C. The PSN approach involves collaboration by federal, state, and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence. 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. 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. This person was unable to legally possess a gun because of a previous felony conviction. 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 site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. . Who Can Be Held Liable for Winter Truck Accidents. Learn how you can help drug endangered children. 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. "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 motives of Joseph Rosenbaum, 36, were less clear that night. Rosenbaum's fiance told The Washington Post in 2020 that he wasn't there as a rioter or a looter. 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. 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. "Why was he there? 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. 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. 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. 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. The PSN approach involves collaboration by federal, state, and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence. Email notifications are only sent once a day, and only if there are new matching items. Straw buying is a felony in progressive Connecticut, albeit one in the second-least-serious order of felonies. On January 13, 2022, Zastrow purchased two firearms in Wisconsin Rapids. Feds say 'straw buyer' purchased 39 handguns for a felon since July, paid more than $25,000 cash to firearms dealers. 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 had said they wanted Jamel Danzy held in custody, and a detention hearing had been set for Wednesday. A .gov website belongs to an official government organization in the United States. 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. (2) The prohibition in sub. Wisconsin Gov. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. The family has a 13-acre property with an old gravel pit used as a gun range. 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. Any violations of these laws can result in a 10-year prison sentence and fines up to $250,000. 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. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles.