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. 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. 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. A lock ( 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 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. 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 . Classic Browning Light Twelve Auto-5 Review: Busting Clays With the Old Humpback Shotgun. 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. 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. 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. The criminal case against the 19-year-old who allegedly made the straw purchase that provided Kyle Rittenhouse his gun has been put on . 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. Texas Gun Sense info@txgunsense.org PO Box 92722, Austin, TX 78709-2722 (512) 903-4186 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. There was a problem saving your notification. During the investigation, law enforcement utilized ATFs National Integrated Ballistic Information Network. The jury's verdict in the case, handed down on October 13, 2015, found that a gun shop employee acted negligentlyand . 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. 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. Tips For Preventing Firearm Straw Purchases. In a November CNN interview, Democratic Rep. Karen Bass of California propagated the falsehood, alleging that Wendy accompanied her son over state lines so he could help law enforcement amid the unrest. 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. If convicted, the Court must impose reasonable sentences under federal statutes and the advisory U.S. First, contrary to what most people think, no Federal Law prohibits you from buying a gun as a gift for someone else. 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 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. Here is the reason. Black is now being prosecuted for participating in the illegal straw purchase of the weapon on behalf of Rittenhouse. A "Kenosha Guard" militia group on Facebook did issue a "call to arms" ahead of the violenceon August 25. Rocha was arrested in Wisconsin on Aug. 9, 2019. A straw purchase is when you purchase a firearm at the behest of another person. In sentencing the 32-year-old, Judge Conley stated that she made a disastrous choice to transfer firearms to a prohibited person and could not ignore the fact that this choice contributed to a womans death. According to Kenoshanews. -1 23 more replies MenaFWM 1 yr. ago 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. . State laws punishing straw purchases vary. Graap will next be in court again on May 8th at 11 a.m. for a Motion hearing. . 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. Call us at 414-271-1440 or send us an e-mail today to discuss your case. Error! This is illegal. The two reportedly agreed that Black would keep the gun until Rittenhouse turned 18 in January 2021, according to court testimony. Remington's Nylon 66 semi-automatic .22 LR rifles have grown from 1950s bargain buys to 21st century collectors darlings. The Judge gave him the break of a lifetime by obfuscating two different statues. Lock 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. 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. How Old Do You Have to be to Buy a Gun in Wisconsin? Stay in the know. 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. ) or https:// means youve safely connected to the .gov website. He pleaded not guilty Wednesday during his arraignment in federal court in Chicago before U.S. Magistrate Judge Gabriel A. Fuentes. Email notifications are only sent once a day, and only if there are new matching items. Email notifications are only sent once a day, and only if there are new matching items. Since then, a number of straw buyers have faced a mandatory five-year minimum sentence under its guidelines. 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. 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. 922(d) if the seller knew or had reason to know that the person buying the gun is a criminal or otherwise prohibited buyer. 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. 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. Western Division
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. Firearm Gifts Legal Considerations . The law raises the maximum penalty for the illegal straw purchasing of guns under state law from a $10,000 fine and nine months in jail to six years in prison. April 13, 2018: Valentine purchased a handgun at Big Rooster Firearms in Sparta, Wisc. By clicking Sign up, you agree to receive marketing emails from Insider 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. Rittenhouse lived about 20 minutes outside of Kenosha, in Antioch, Illinois. Help us combat the proliferation of sexual exploitation crimes against children. He pleaded not guilty during his arraignment that day in federal court in Chicago before U.S. Magistrate Judge Maria Valdez. Dept. 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 straw purchase is someone intentionally avoiding a background check, a waiting period, or is too young to purchase the gun in the first place. But Rittenhouse's possession of the firearm at the time was technically legal. Each count of the indictment is punishable by a maximum sentence of five years in prison. In order to complete the purchase of the firearms, she represented that she was the actual buyer of these firearms when she was not. This prison term will be followed by a 3-year term of supervised release. The agreement follows days of closed-door talks after a string of high-profile mass shootings, including at an elementary school in Uvalde, Texas, and a supermarket in Buffalo, N.Y. If they ask you to buy it, fill out the 4473 in your name, and then pay you . Attorneys Albert Berry III and Elizabeth Pozolo. Nov. 10, 2021. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Get Guns.com offers and news!! 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. Share sensitive information only on official, secure websites. This is not giving a gift. This prison term will . Kyle Ritchie was found guilty of buying four guns from a licensed dealer in Wausau last year by representing himself as the actual buyer. How Can Employers Avoid Accusations of Wrongful Termination? A locked padlock 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. The Nylon 66, a relatively inexpensive rimfire with faux woodgrain, was the first successful synthetic-stock firearm. Gun Shows. 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. 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. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. K-Mart Classics: Remingtons Nylon Rimfires Engineered To Last. "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 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. 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. 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. Epic 22 Pocket Pistol: The Beretta 71 Jaguar. Straw Purchase Law and Legal Definition. 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. 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 . The two reportedly agreed that Black would keep the gun until Rittenhouse turned 18 in January 2021, according to court testimony. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The gun . This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Departments program to reduce violent crime. 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. The bill, SB 408, was among 41 signed by the Republican without comment this week. Project Safe Neighborhoodsis a nationwide initiativeto reduce gun violence and violent crime in neighborhoods across the country. 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 gun seller can also be held liable under 18 U.S.C. 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. Jones or an intermediary told the straw purchasers which firearms to buy and provided the money for the purchases. Secure .gov websites use HTTPS Johnson. 219 S. Dearborn St., 5th Floor
Similarly, those acting as a human holster for a criminal would be subject to a felony. But as Rittenhouse testified, the teenager drove himself to Kenosha ahead of the protests. This crime is being prosecuted more vigorously as of late, and comes with a potential for a very long prison sentence. Success! Top editors give you the stories you want delivered right to your inbox each weekday. Law enforcement agents call people who buy guns for those who aren't legally . Chicago, a much larger city but with similarly high murder rate, recovered 247 guns per 100,000 people. If you were arrested or charged with a crime in connection to an alleged straw purchase, we can help. (2) The prohibition in sub. Pennington will be sentenced for his role in the incident (one count of distributing meth) next January. There was a problem saving your notification. 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 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. This prison term will be followed by a 3-year term of supervised release. You are the original buyer, yet you have no intent to own the gun. Home Press Releases Dept. was on the University of Wisconsin Pistol Team for four . She disputed the defense attorney's characterization of Huber as a "rioter" or "looter." It is this intent that matters. The civil rights attorney Ben Crump, who is representing the Blake family, falsely described Rittenhouse on Friday as a "self-declared white nationalist." 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. Straw purchasing firearms is not a victimless crime, said FBI Assistant SAC Larry L. Lapp. 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. . 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 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. 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. This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Departments program to reduce violent crime. Perhaps the most persistent myth surrounding the case is the idea that Rittenhouse, then 17, brought an AR-15 across state lines. 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. Ritchie will also serve extended supervision after his release. The gun was already being stored at a friend's house in Kenosha, according to police records and court testimony. 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. With no legislative text, the specifics of a crackdown on straw purchases remain unclear. You should know the laws that apply to buying firearms as gifts for another person. 922(a)(6) and 18 U.S.C. On January 13, 2022, Zastrow purchased two firearms in Wisconsin Rapids. Instead, Ritchie passed the guns off to Victor Pennington in exchange for meth. Assistant U.S. Attorney Taylor L. Kraus prosecuted this case. The case was brought forward through a multi-jurisdiction effort between law enforcement in Lincoln and Wood counties along with the FBI. 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. Gun control groups have long called attention to the impact on gun violence of straw purchases, a term with which many may be unfamiliar. Have the latest local news delivered every afternoon so you don't miss out on updates. of Justice: Merrill woman sentenced to prison for making false statements during purchase of firearms. An official website of the United States government. Direct Evidence in Wisconsin Criminal Cases. Generally, secretly purchasing a gun on someone else's behalf from a gun dealer, called a straw purchase, is illegal. Every cowboy needs a revolver. Kyle gifted the money to Dominic Black to Purchase the firearm for himself then do a private sale one Kyle had turned 18. A Wisconsin jury fully acquitted Kyle Rittenhouse on Friday, finding him not guilty on five counts. Commercial Contract Review, Drafting, and Negotiation, Employment Contracts and Non-Compete Agreements, Data Breaches / Cybersecurity Civil Defense, Identity Theft / Internet Fraud Charges Defense, Governmental Licensing, Compliance and Administrative Review, Professional Licensing and Disciplinary Defense. Ashley Zastrow, 32, purchased two firearms in Wisconsin Rapids on Jan. 13, 2022. An email has been sent to with a link to confirm list signup. Who Is Liable When a Person Is Hit by a Car in Front of a Store? Some other states have looser regulations that prohibit individuals from knowingly encouraging sellers to conduct those illegal firearm transfers, according to the group. A straw 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 Fighting violent crime is a top priority in our office, and we are committed to holding accountable those who engage in illicit firearm transactions.. . Need Help?service@guns.comCall (866)582-4867, PO Box 1131 13800 Nicollet Blvd Burnsville, MN 55337 2023Guns.com. 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. A straw purchase is any purchase in which a second person agrees to acquire a firearm for someone else. The weapon Rittenhouse used to shoot the three men was obtained in what many would consider a "straw purchase" arms sale. The bill, SB 408, was among 41 signed by. Circumstantial vs. To complete the purchase,she represented that she was the actual buyer of these firearms when in fact she was not. 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. An indictment. But any violation of the Gun Control Act, 1968 make the . The straw purchaser violates both of these laws by pretending to be the actual gun buyer when the purpose is to give the gun to another. 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. "This is part of a longstanding and deadly pattern in Chicago of straw . (2) The prohibition in sub. It is a serious danger to our communities. 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. (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. Learn how you can help drug endangered children. His Illinois residence helped spur rumors that the teenager traveled to Wisconsin with his rifle illegally in tow. 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. 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. Stay up to date with what you want to know. 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. 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. There are two federal statutes under which straw purchases are usually prosecuted: 18 U.S.C. A straw purchase occurs when somebody purchases a firearm for another person while pretending to purchase it for personal use. 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. According to Kyle The Answer to this is no. 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. Zastrow's prison term will be followed by a 3-year stint on supervised release. Although there are exceptions, generally all firearm purchasers must be at least 21 years of age to purchase any firearm. Licensed dealers also are required under federal law to maintain records on their gun sales and make them available to law enforcement for inspection. Straw purchase is a purchase where a purchaser knowingly acquiring an item or service for someone. Video of 17-year-old Kyle. 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. The PSN approach involves collaboration by federal, state, and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence. 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. Two Minnesotans were recently charged and convicted for committing the crime. 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. In general, straw purchases are legal except in cases where the ultimate receiver of goods or services uses those . 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. Short answer: it depends. 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. 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. In Wisconsin it's illegal for any one under 18 to have any kind of dangerous weapon. Who Can't Buy a Gun in Wisconsin? 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. Danzy was released on a $4,500 unsecured bond. (Photo: Walkers office). Thanks to Governor Walker, prosecutors should be able to make gun charges stick and get dangerous criminals off the streets.. 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 . Official websites use .gov 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. 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. March 8, 2018: Valentine purchased three handguns at Gander Outdoors in Onalaska, Wisc.