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. 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. Just hours before the protests, Rosenbaum had been released from a hospital following psychiatric care for a suicide attempt. In general, straw purchases are legal except in cases where the ultimate receiver of goods or services uses those . Jones or an intermediary told the straw purchasers which firearms to buy and provided the money for the purchases. 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. Chicago, IL 60604
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Good luck with that. Terms and Conditions and Privacy Policy. A straw purchase occurs when somebody purchases a firearm for another person while pretending to purchase it for personal use. Should I Move Out of My Home During My Divorce? Seven states have laws that penalize sellers who transfer firearms to traffickers under certain circumstances, according to Giffords, a gun violence advocacy group. Email notifications are only sent once a day, and only if there are new matching items. . . 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. Call us at 414-271-1440 or send us an e-mail today to discuss your case. There are two federal statutes under which straw purchases are usually prosecuted: 18 U.S.C. On January 13, 2022, Zastrow purchased two firearms in Wisconsin Rapids. Federally licensed firearm dealers are required to perform background checks for those seeking to buy a firearm. The two reportedly agreed that Black would keep the gun until Rittenhouse turned 18 in January 2021, according to court testimony. Here's what it's like to shoot this classic scattergun. The charges Zastrow faced stemmed from one of the guns she purchased was used in a homicide. (2) The prohibition in sub. Pennington will be sentenced for his role in the incident (one count of distributing meth) next January. 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. Law enforcement agents call people who buy guns for those who aren't legally . By clicking Sign up, you agree to receive marketing emails from Insider The government is represented by Assistant U.S. Prosecutors had said they wanted Jamel Danzy held in custody, and a detention hearing had been set for Wednesday. That person also allegedly used one of the firearms purchased by Zastrow to commit a homicide. 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 states where there is no specific law prohibiting a straw purchase, the federal law will apply. without the transfer creating a "straw purchase". An email has been sent to with a link to confirm list signup. Similarly, those acting as a human holster for a criminal would be subject to a felony. Sign up for notifications from Insider! The person that Zastrow bought the firearms for was a convicted felon. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. "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 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. The weapon Rittenhouse used to shoot the three men was obtained in what many would consider a "straw purchase" arms sale. Rittenhouse lived about 20 minutes outside of Kenosha, in Antioch, Illinois. 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. Success! Wisconsin Gov. Rockford, IL 61101, Chicago: (312) 353-5300
March 23, 2018: Valentine purchased two handguns from a dealer at Bob and Roccos Gun Show in Onalaska, Wisc. 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. 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. According to Kenoshanews. Rocha was arrested in Wisconsin on Aug. 9, 2019. He was ordered released on bond, and a status hearing was scheduled for Sept. 17, 2019, before U.S. District Judge John Z. Lee. 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. Who Is Liable When a Person Is Hit by a Car in Front of a Store? How Can Employers Avoid Accusations of Wrongful Termination? He was acquitted on all counts. 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. ) or https:// means youve safely connected to the .gov website. Dept. 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 defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. 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. 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. First things first, if you have reasonable cause to believe the person you're gifting a firearm to is prohibited from possessing . This prison term will be followed by a 3-year term of supervised release. 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. Rittenhouse was also charged with reckless endangerment of two additional men. This is illegal. 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. Straw Purchase Law and Legal Definition. Walker signs bill upping penalties on straw purchases in Wisconsin. 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. 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. MADISON, WI (WSAU) A Merrill woman has been sentenced for making false statements to secure the purchase of two firearms, a practice known as a straw purchase. The prosecution argued as such. . Stay up to date with what you want to know. Classic Browning Light Twelve Auto-5 Review: Busting Clays With the Old Humpback Shotgun. You have permission to edit this article. The 5-4 ruling allows strict enforcement of the federal ban on gun "straw purchases," or one person buying a . Prosecutors said Black bought the gun for Rittenhouse in what is known as a straw purchase. 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. He pleaded not guilty Wednesday during his arraignment in federal court in Chicago before U.S. Magistrate Judge Gabriel A. Fuentes. MADISON (WJFW) - A Merrill woman was sentenced on Thursday to one year and one day in prison for making false statements during the purchase of two firearms. The 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. 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. If you are being charged with making a straw purchase or with any other gun crime, contact our skilled Milwaukee criminal defense attorneys, who have defended many of these types of cases and are ready to defend you and protect your rights. Get Guns.com offers and news!! In order to complete the purchase of the firearms, she represented that she was the actual buyer of these firearms when she was not. 327 S. Church Street, Room 3300
The individual is also accused of using one of the weapons to commit a homicide. Johnson. 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. 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. This person was unable to legally possess a gun because of a previous felony conviction. The indictment was returned Aug. 1, 2019, and ordered unsealed Wednesday. Ashley Zastrow, 32, from Merrill, purchased two firearms in Wisconsin Rapids on Jan. 13, 2022. A straw purchase is when you purchase a firearm at the behest of another person. 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. Democrats hope they can bring a gun violence package to the floor the week of June 20. A lock ( "This is part of a longstanding and deadly pattern in Chicago of straw . Two Minnesotans were recently charged and convicted for committing the crime. Everytown for Gun Safety and other gun control groups have called on Congress to strengthen laws governing gun trafficking and straw purchases. Straw buying is a felony in progressive Connecticut, albeit one in the second-least-serious order of felonies. A "Kenosha Guard" militia group on Facebook did issue a "call to arms" ahead of the violenceon August 25. 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. With no legislative text, the specifics of a crackdown on straw purchases remain unclear. 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. Chicago, a much larger city but with similarly high murder rate, recovered 247 guns per 100,000 people. There was a problem saving your notification. This prison term will . Tony Evers. 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. Some other states have looser regulations that prohibit individuals from knowingly encouraging sellers to conduct those illegal firearm transfers, according to the group. 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. 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. Federal law criminalizes making false statements about a material fact on ATF forms and criminalizes presenting false identification when purchasing a firearm. How Old Do You Have to be to Buy a Gun in Wisconsin? (Photo: Walkers office). Who Can Be Held Liable for Winter Truck Accidents. (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. This prison term will be followed by a 3-year term of supervised release. 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. 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. 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. WisPolitics.com DC breakfast with U.S. Rep. Mark Pocan, WisPolitics luncheon with Marquette University Law School Poll Director Charles Franklin. The PSN approach involves collaboration by federal, state, and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence. 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 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. 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 U.S. Supreme Court delivered a major victory to gun control advocates on Monday. Although there are exceptions, generally all firearm purchasers must be at least 21 years of age to purchase any firearm. 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. Remington's Nylon 66 semi-automatic .22 LR rifles have grown from 1950s bargain buys to 21st century collectors darlings. Ashley Zastrow, 32, purchased two firearms in Wisconsin Rapids on Jan. 13, 2022. In all, the agency logged 2,420 firearms in 2016, a rate of 407 per 100,000 people. 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 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. All Rights Reserved, Gov. Straw purchasing is when someone buys a gun for another person who isn't legally allowed to own one, such as felons. 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.". of Justice: Merrill woman sentenced to prison for making false statements during purchase of firearms. 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. 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. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. MADISON, Wis. (WAOW) A 32-year-old Merrill woman was sentenced to 1, year, 1-day in federal prison on Friday formaking false statements during the purchase of two firearms. Sentencing Guidelines. 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. If the end recipient is not disclosed to the gun dealer/seller, they cannot run the background check for the actual purchaser/owner. 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. 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. 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. The firearms in question were used by Tanner Graap. Project Safe Neighborhoodsis a nationwide initiativeto reduce gun violence and violent crime in neighborhoods across the country. Despite the federal prohibition and state-level legislation, many gun control advocates and experts say the illegal transactions still happen regularly. 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. It is legal to purchase a firearm as a gift for another, if you are actually buying the firearm for . You have permission to edit this article. Section 18 U.S.C. Smith & Wesson Model 586: Reviewing A .357 Revolver With Class. 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. If convicted, the Court must impose reasonable sentences under federal statutes and the advisory U.S. Generally, secretly purchasing a gun on someone else's behalf from a gun dealer, called a straw purchase, is illegal. 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. With other recent changes in the law, straw purchases, and people charged with other gun crimes, now face severe criminal penalties. 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. Nov. 10, 2021. If you were arrested or charged with a crime in connection to an alleged straw purchase, we can help. It is a serious danger to our communities. Tips For Preventing Firearm Straw Purchases. Scott Walker on Wednesday approved a measure touted as making it easier to prosecute illegal straw purchasing of firearms in the state. A locked padlock Pennington is prohibited from purchasing a firearm due to multiple felony convictions in the state of Wisconsin. Graap will next be in court again on May 8th at 11 a.m. for a Motion hearing. Every cowboy needs a revolver. However, you should beware of what is known as a straw purchase, which is illegal. 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. Making sure that victims of federal crimes are treated with compassion, fairness and respect. 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. Epic 22 Pocket Pistol: The Beretta 71 Jaguar. 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. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved.