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NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. 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. 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. 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. 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. Editor's note: This story has been corrected to make clear in graf 18 that Jacob Blake was shot and he survived. Need Help?service@guns.comCall (866)582-4867, PO Box 1131 13800 Nicollet Blvd Burnsville, MN 55337 2023Guns.com. Giving someone a firearm carries a certain level of legal responsibility that does not come with gifting iPads or socks. Rittenhouse was also charged with reckless endangerment of two additional men. Share sensitive information only on official, secure websites. Fighting violent crime is a top priority in our office, and we are committed to holding accountable those who engage in illicit firearm transactions.. Scott Walker on Wednesday approved a measure touted as making it easier to prosecute illegal straw purchasing of firearms in the state. Prosecutors had said they wanted Jamel Danzy held in custody, and a detention hearing had been set for Wednesday. The firearms in question were used by Tanner Graap. Top editors give you the stories you want delivered right to your inbox each weekday. 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. Rockford, IL 61101, Chicago: (312) 353-5300 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. 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 His Illinois residence helped spur rumors that the teenager traveled to Wisconsin with his rifle illegally in tow. Similarly, those acting as a human holster for a criminal would be subject to a felony. The gun . 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. Rockford: (815) 987-4444. The gun seller can also be held liable under 18 U.S.C. The two reportedly agreed that Black would keep the gun until Rittenhouse turned 18 in January 2021, according to court testimony. 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 . The civil rights attorney Ben Crump, who is representing the Blake family, falsely described Rittenhouse on Friday as a "self-declared white nationalist." 20 Colorado for Pac-12 title berth, Olympic ticket sales for Paris Games gets off to rocky start. State laws punishing straw purchases vary. But those background checks and records involve the purchaser of the firearm and not always the ultimate user of the gun. May 17, 2018: Valentine purchased two handguns at Holmen Pawn Shop in Holmen, Wisc. 922(d) if the seller knew or had reason to know that the person buying the gun is a criminal or otherwise prohibited buyer. Circumstantial vs. "Straw purchasing a firearm is a federal crime with serious consequences," said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. The bill, SB 408, was among 41 signed by. Sign up for notifications from Insider! 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. 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. There was a problem saving your notification. A straw purchase is one in which one Person "A" buys a firearm for Person "B", at Person "B's" request. Assistant U.S. Attorney Taylor L. Kraus prosecuted this case. The jury's verdict in the case, handed down on October 13, 2015, found that a gun shop employee acted negligentlyand . 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. During the investigation, law enforcement utilized ATFs National Integrated Ballistic Information Network. gun for an acquaintance in Chicago who was unable to buy a firearm himself due to a past felony conviction for theft in Wisconsin. In states where there is no specific law prohibiting a straw purchase, the federal law will apply. He was acquitted on all counts. 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. Every cowboy needs a revolver. Who Can't Buy a Gun in Wisconsin? How Can Employers Avoid Accusations of Wrongful Termination? 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. A .gov website belongs to an official government organization in the United States. This crime is being prosecuted more vigorously as of late, and comes with a potential for a very long prison sentence. 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. He was ordered released on bond, and a status hearing was scheduled for Sept. 17, 2019, before U.S. District Judge John Z. Lee. 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. Any violations of these laws can result in a 10-year prison sentence and fines up to $250,000. 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. . Gun Shows. This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Departments program to reduce violent crime. 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. ) or https:// means youve safely connected to the .gov website. 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. Straw purchasing firearms is not a victimless crime, said FBI Assistant SAC Larry L. Lapp. 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. With no legislative text, the specifics of a crackdown on straw purchases remain unclear. According to a press release form the Western District of Wisconsin U.S. Department of Justice: An investigation by law enforcement revealed that Zastrow purchased these firearms for someone who accompanied her to the store and provided her with cash at the time of purchase. 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. 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. was on the University of Wisconsin Pistol Team for four . Huber's great aunt, Susan Hughes, also testified at Rittenhouse's trial, saying Huber knew Jacob Blake personally and was upset by his shooting. Making sure that victims of federal crimes are treated with compassion, fairness and respect. The individual is also accused of using one of the weapons to commit a homicide. 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. 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 crime is being prosecuted more vigorously as of late, and comes with a potential for a very long prison sentence. 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. The indictment was returned Aug. 1, 2019, and ordered unsealed Wednesday. In the aftermath of Friday's verdict, a flurry of responses and reactions to the ruling restated longstanding myths and misinformation surrounding the trial and Rittenhouse's actions on August 25, 2020. The public is reminded that an indictment is not evidence of guilt. But any violation of the Gun Control Act, 1968 make the . Project Safe Neighborhoodsis a nationwide initiativeto reduce gun violence and violent crime in neighborhoods across the country. "We are doubling down on our efforts across the DMV to prosecute any and all straw purchasing cases. 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. 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. Dept. 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. The gun was already being stored at a friend's house in Kenosha, according to police records and court testimony. There was an error processing your request. A locked padlock Kyle Rittenhouse's trial has returned again and again to the semiautomatic rifle he used to kill two men and wound a third during the unrest in Kenosha, Wis., last year. 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 person was unable to legally possess a gun because of a previous felony conviction. Tony Evers. The PSN approach involves collaboration by federal, state, and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence. Chicago, a much larger city but with similarly high murder rate, recovered 247 guns per 100,000 people. Here's what it's like to shoot this classic scattergun. 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 prison term will be followed by a three-year term of supervised release. 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. 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. 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. This prison term will be followed by a 3-year term of supervised release. Success! Firearm Gifts Legal Considerations . Danzy was released on a $4,500 unsecured bond. The Judge gave him the break of a lifetime by obfuscating two different statues. Assembly Bill 524 and its counterpart, Senate Bill 408, were introduced in August by state Rep. Joe Sanfelippo, R-New Berlin, and Sen. Alberta Darling, R-River Hills. 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. Johnson. 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. Rosenbaum's fiance told The Washington Post in 2020 that he wasn't there as a rioter or a looter. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Dominick Black, who purchased the AR-15 rifle carried and used by Kyle Rittenhouse during the protests in Kenosha last August, could walk out of court a free man later today without any criminal. A 2015 survey of gun owners conducted by researchers at Harvard and Northeastern universities estimated that as many as 380,000 weapons are lost or stolen each year. Error! Assistant U.S. Attorney Taylor L. Kraus prosecuted this case. When I dress Western, nothing beats the classic good looks of my Smith & Wesson (S&W) 586 .357 revolver. 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. 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. 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. 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. Feds say 'straw buyer' purchased 39 handguns for a felon since July, paid more than $25,000 cash to firearms dealers. Smith & Wesson Model 586: Reviewing A .357 Revolver With Class. 922(a)(6) and 18 U.S.C. 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. The family has a 13-acre property with an old gravel pit used as a gun range. 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. Democrats hope they can bring a gun violence package to the floor the week of June 20. 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. Rittenhouse's defense attorneys characterized Rosenbaum as a "rioter," and even the lead prosecutor said in his closing statement he would have prosecuted Rosenbaum for arson had he not been fatally shot. of Justice: Merrill woman sentenced to prison for making false statements during purchase of firearms. Have the latest local news delivered every afternoon so you don't miss out on updates. On January 13, 2022, Zastrow purchased two firearms in Wisconsin Rapids. 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.. 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. Ritchie will also serve extended supervision after his release. The bill, SB 408, was among 41 signed by the Republican without comment this week. 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. 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. There are two federal statutes under which straw purchases are usually prosecuted: 18 U.S.C. Rittenhouse lived about 20 minutes outside of Kenosha, in Antioch, Illinois. March 8, 2018: Valentine purchased three handguns at Gander Outdoors in Onalaska, Wisc. 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. Call us at 414-271-1440 or send us an e-mail today to discuss your case. You have permission to edit this article. Short answer: it depends. Stay in the know. 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. Help us combat the proliferation of sexual exploitation crimes against children. An email has been sent to with a link to confirm list signup. According to Kyle The Answer to this is no. Court documents showed the Smith & Wesson M&P 15 rifle was purchased by Black on May 1 at Ladysmith Ace . 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. The case was brought forward through a multi-jurisdiction effort between law enforcement in Lincoln and Wood counties along with the FBI. This prison term will . Despite the federal prohibition and state-level legislation, many gun control advocates and experts say the illegal transactions still happen regularly. 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. 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. 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. Someone makes a straw purchase when they purchase a gun on behalf of someone else who may not be . 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. 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. A straw purchase is when you purchase a firearm at the behest of another person. Email notifications are only sent once a day, and only if there are new matching items. 941.2905 Straw purchasing of firearms. March 23, 2018: Valentine purchased two handguns from a dealer at Bob and Roccos Gun Show in Onalaska, Wisc. Texas Gun Sense info@txgunsense.org PO Box 92722, Austin, TX 78709-2722 (512) 903-4186 Wisconsin Gov. May 19, 2018: Valentine purchased seven handguns from a dealer at Bob and Roccos Gun Show in Onalaska, Wisc. I have no answer. 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. Home Press Releases Dept. 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. 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. Perhaps the most persistent myth surrounding the case is the idea that Rittenhouse, then 17, brought an AR-15 across state lines. 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. "Why was he there? By clicking Sign up, you agree to receive marketing emails from Insider 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. Every time the left tries to harm innocent law abiding citizens, it runs the risk of conservative Americans lashing out. Sentencing Guidelines. You should know the laws that apply to buying firearms as gifts for another person. 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. Get Guns.com offers and news!! 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. 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. In order to complete the purchase of the firearms, she represented that she was the actual buyer of these firearms when she was not. The 5-4 ruling allows strict enforcement of the federal ban on gun "straw purchases," or one person buying a . Ashley Zastrow, 32, from Merrill, purchased two firearms in Wisconsin Rapids on Jan. 13, 2022. 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. 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. As far as straw purchases go, you stand in for someone. With other recent changes in the law, straw purchases, and people charged with other gun crimes, now face severe criminal penalties. THE HILL 1625 K STREET, NW SUITE 900 WASHINGTON DC 20006 | 202-628-8500 TEL | 202-628-8503 FAX. Chicago, IL 60604 Here is the reason. According to Kenoshanews. 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 U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives provided assistance. It is this intent that matters. If convicted, the Court must impose reasonable sentences under federal statutes and the advisory U.S. The government is represented by Assistant U.S. 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.