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. Graap will next be in court again on May 8th at 11 a.m. for a Motion hearing. There was a problem saving your notification. 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 . But any violation of the Gun Control Act, 1968 make the . But the tech company later confirmed that Rittenhouse had not been a follower of the flagged page. A lock ( Despite the federal prohibition and state-level legislation, many gun control advocates and experts say the illegal transactions still happen regularly. Access your favorite topics in a personalized feed while you're on the go. Assistant U.S. Attorney Taylor L. Kraus prosecuted this case. Tell us what you think about the songs we play! Have a question about Government Services? (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. 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. Section 18 U.S.C. A straw purchase occurs when somebody purchases a firearm for another person while pretending to purchase it for personal use. Sean Krajacic/The Kenosha News via AP, Pool, NOW WATCH: VIDEO: Kyle Rittenhouse breaks down crying at his homicide trial, threw out a count of possession of a dangerous weapon, Rosenbaum had been released from a hospital, did issue a "call to arms" ahead of the violence, Rittenhouse went to a bar in Mount Pleasant, Wisconsin. 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 . This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Departments program to reduce violent crime. WisPolitics.com & WisBusiness.com: The clean energy shift is underway: How will the Inflation Reduction Act accelerate the transition? 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. Criminals were very aware of these loopholes, said state Sen. Alberta Darling, R-River Hills. There are two federal statutes under which straw purchases are usually prosecuted: 18 U.S.C. Thats why tougher laws on straw purchases are a priority for gun control groups. Home Press Releases Dept. The motives of Joseph Rosenbaum, 36, were less clear that night. of Justice: Merrill woman sentenced to prison for making false statements during purchase of firearms. The bill, SB 408, was among 41 signed by. This is not the same thing as purchasing a firearm as a genuine, bonafide gift. By signing up you agree to Guns.com's 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. Remington's Nylon 66 semi-automatic .22 LR rifles have grown from 1950s bargain buys to 21st century collectors darlings. The U.S. Supreme Court delivered a major victory to gun control advocates on Monday. Tips For Preventing Firearm Straw Purchases. 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. 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. 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. State laws punishing straw purchases vary. The backers of the proposal, which passed the legislature on a voice vote, say the move was requested by the Milwaukee Police Department. 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 other hand shows a straw purchase as buying a gun and selling it directly to someone who can pass their own background check, without actually taking the background check. MADISON, 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. Should I Move Out of My Home During My Divorce? Law enforcement agents call people who buy guns for those who aren't legally . 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. 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 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. 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. 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. When transferring or purchasing a firearm, individuals must complete an ATF Form 4473. To complete the purchase,she represented that she was the actual buyer of these firearms when in fact she was not. He was ordered released on bond, and a status hearing was scheduled for Sept. 17, 2019, before U.S. District Judge John Z. Lee. A "straw" purchase is a firearm purchase when one person buys the firearm with the intent of giving the gun to another person for their primary use. This prison term will be followed by a 3-year term of supervised release. The Judge gave him the break of a lifetime by obfuscating two different statues. -1 23 more replies MenaFWM 1 yr. ago Feds say 'straw buyer' purchased 39 handguns for a felon since July, paid more than $25,000 cash to firearms dealers. 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. The 29-year-old Indiana man allegedly acted as a straw purchaser to buy the firearm used to kill Chicago police Officer Ella French. "We are doubling down on our efforts across the DMV to prosecute any and all straw purchasing cases. 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.. Fighting violent crime is a top priority in our office, and we are committed to holding accountable those who engage in illicit firearm transactions.. Straw buying is a felony in progressive Connecticut, albeit one in the second-least-serious order of felonies. According to Kenoshanews. The Nylon 66, a relatively inexpensive rimfire with faux woodgrain, was the first successful synthetic-stock firearm. He pleaded not guilty during his arraignment that day in federal court in Chicago before U.S. Magistrate Judge Maria Valdez. This is known as a "straw purchase" and is a crime. You should know the laws that apply to buying firearms as gifts for another person. "Straw purchasing a firearm is a federal crime with serious consequences," said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. "Why was he there? (Photo: Walkers office). Graap allegedly used one of those firearms to fatally shoot and kill Kayla Frank. Who Can Be Held Liable for Winter Truck Accidents. A straw purchase is one in which one Person "A" buys a firearm for Person "B", at Person "B's" request. The governor and Lane are supporting House Bill 306. Circumstantial vs. 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. If they ask you to buy it, fill out the 4473 in your name, and then pay you . Have the latest local news delivered every afternoon so you don't miss out on updates. 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 .gov website belongs to an official government organization in the United States. At Rosenthal Kalabus & Therrian, our top-rated Collin County criminal lawyers have extensive experience handling federal firearms cases. 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. Top editors give you the stories you want delivered right to your inbox each weekday. A straw purchase occurs when somebody purchases a firearm for another person while pretending to purchase it for personal use. 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. Someone makes a straw purchase when they purchase a gun on behalf of someone else who may not be . 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. 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. 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. Get Guns.com offers and news!! Some other states have looser regulations that prohibit individuals from knowingly encouraging sellers to conduct those illegal firearm transfers, according to the group. Prosecutors said Black bought the gun for Rittenhouse in what is known as a straw purchase. 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. A straw purchase is any purchase in which a second person agrees to acquire a firearm for someone else. 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. 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. During the investigation, law enforcement utilized ATFs National Integrated Ballistic Information Network. 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 5-4 ruling allows strict enforcement of the federal ban on gun "straw purchases," or one person buying a . All Rights Reserved, Gov. An official website of the United States government. 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. The jury's verdict in the case, handed down on October 13, 2015, found that a gun shop employee acted negligentlyand . The family has a 13-acre property with an old gravel pit used as a gun range. Rockford, IL 61101, Chicago: (312) 353-5300 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. Two Minnesotans were recently charged and convicted for committing the crime. With other recent changes in the law, straw purchases, and people charged with other gun crimes, now face severe criminal penalties. firearms dealer can deliver the firearm to the purchaser. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. 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. 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. May 17, 2018: Valentine purchased two handguns at Holmen Pawn Shop in Holmen, Wisc. It is a serious danger to our communities. 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 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. . 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. MADISON, WIS. - Timothy M. O'Shea, United States Attorney for the Western District of Wisconsin, announced that Ashley Zastrow, 32, Merrill, Wisconsin was sentenced yesterday by U.S. District Judge William M. Conley to 1 year and 1 day in federal prison for making false statements during the purchase of two firearms. The civil rights attorney Ben Crump, who is representing the Blake family, falsely described Rittenhouse on Friday as a "self-declared white nationalist." It is legal to purchase a firearm as a gift for another, if you are actually buying the firearm for . A straw purchase is when you purchase a firearm at the behest of another person. 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. The campaign was designed to prevent and discourage illegal straw purchases. By clicking Sign up, you agree to receive marketing emails from Insider Straw purchasing is when someone buys a gun for another person who isn't legally allowed to own one, such as felons. The offense is known as a 'straw purchase.' Black is now being prosecuted for participating in the illegal straw purchase of the weapon on behalf of Rittenhouse. 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. 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. An email has been sent to with a link to confirm list signup. 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. The public is reminded that an indictment is not evidence of guilt. According to Kyle The Answer to this is no. How Old Do You Have to be to Buy a Gun in Wisconsin? Perhaps the most persistent myth surrounding the case is the idea that Rittenhouse, then 17, brought an AR-15 across state lines. 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 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. 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. Zastrow's prison term will be followed by a 3-year stint on supervised release. Since then, a number of straw buyers have faced a mandatory five-year minimum sentence under its guidelines. THE HILL 1625 K STREET, NW SUITE 900 WASHINGTON DC 20006 | 202-628-8500 TEL | 202-628-8503 FAX. 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. Instead, Ritchie passed the guns off to Victor Pennington in exchange for meth. You have permission to edit this article. Chicago, IL 60604 922(d) if the seller knew or had reason to know that the person buying the gun is a criminal or otherwise prohibited buyer. The prison term will be followed by a three-year term of supervised release. The gun was already being stored at a friend's house in Kenosha, according to police records and court testimony. Generally, secretly purchasing a gun on someone else's behalf from a gun dealer, called a straw purchase, is illegal. He pleaded not guilty Wednesday during his arraignment in federal court in Chicago before U.S. Magistrate Judge Gabriel A. Fuentes. May 13, 2018: Valentine purchased two handguns at Ace Hardware in La Crosse, Wisc. The campaign aims to not only provide better education for firearms retailers, but also to make the general public aware of the laws and penalties associated with making a straw purchase. In general, straw purchases are legal except in cases where the ultimate receiver of goods or services uses those . 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. 20 Colorado for Pac-12 title berth, Olympic ticket sales for Paris Games gets off to rocky start. May 19, 2018: Valentine purchased two handguns from a dealer at Bob and Roccos Gun Show in Onalaska, Wisc. Editor's note: This story has been corrected to make clear in graf 18 that Jacob Blake was shot and he survived. I have no answer. 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. 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. U.S. Attorney Lausch announced the charges along with Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the FBI, and Eddie Johnson, Superintendent of the Chicago Police Department. Scott Walker on Wednesday approved a measure touted as making it easier to prosecute illegal straw purchasing of firearms in the state. This is not giving a gift. 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. As far as straw purchases go, you stand in for someone. This person was unable to legally possess a gun because of a previous felony conviction. 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. 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. First things first, if you have reasonable cause to believe the person you're gifting a firearm to is prohibited from possessing . Nov. 10, 2021. 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. 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. It is classified as a serious crime in Illinois (Class 2 felony), but police rarely. 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. 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 . Making sure that victims of federal crimes are treated with compassion, fairness and respect. Scott Walker on Wednesday approved a measure touted as making it easier to prosecute illegal straw purchasing of firearms in the state. This crime is being prosecuted more vigorously as of late, and comes with a potential for a very long prison sentence. 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. Here's what it's like to shoot this classic scattergun. A Wisconsin jury fully acquitted Kyle Rittenhouse on Friday, finding him not guilty on five counts. 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. Rosenbaum's fiance told The Washington Post in 2020 that he wasn't there as a rioter or a looter. The firearms in question were used by Tanner Graap. 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. Email notifications are only sent once a day, and only if there are new matching items. How Can Employers Avoid Accusations of Wrongful Termination? NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. Tony Evers. Your intent is to act as the agent. The case was brought forward through a multi-jurisdiction effort between law enforcement in Lincoln and Wood counties along with the FBI. WisPolitics.com DC breakfast with U.S. Rep. Mark Pocan, WisPolitics luncheon with Marquette University Law School Poll Director Charles Franklin. 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. Seven states have laws that penalize sellers who transfer firearms to traffickers under certain circumstances, according to Giffords, a gun violence advocacy 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 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. 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. 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. MADISON, WIS. Timothy M. OShea, United States Attorney for the Western District of Wisconsin, announced that Ashley Zastrow, 32, Merrill, Wisconsinwas sentenced yesterday by U.S. District Judge William M. Conley to 1 year and 1 day in federal prison formaking false statements during the purchase of two firearms. A "Kenosha Guard" militia group on Facebook did issue a "call to arms" ahead of the violenceon August 25. Email notifications are only sent once a day, and only if there are new matching items. Western Division 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. Ritchie will also serve extended supervision after his release. If the end recipient is not disclosed to the gun dealer/seller, they cannot run the background check for the actual purchaser/owner. Black said he used Rittenhouse's . His Illinois residence helped spur rumors that the teenager traveled to Wisconsin with his rifle illegally in tow. 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. The offense is known as a 'straw purchase.' The person that Zastrow bought the firearms for was a convicted felon. Smith & Wesson Model 586: Reviewing A .357 Revolver With Class. This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Departments program to reduce violent crime. Ashley Zastrow, 32, purchased two firearms in Wisconsin Rapids on Jan. 13, 2022. 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. 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 charges were the result of an investigation conducted by the Central Wisconsin Narcotics Task Force, Wisconsin DOJ- Division of Criminal Investigation, and the FBI. Chicago, a much larger city but with similarly high murder rate, recovered 247 guns per 100,000 people. This prison term will be followed by a 3-year term of supervised release. This prison term will be followed by a 3-year term of supervised release. Classic Browning Light Twelve Auto-5 Review: Busting Clays With the Old Humpback Shotgun. 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. Terms and Conditions and Privacy Policy. The bill, SB 408, was among 41 signed by the Republican without comment this week. 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. In order to complete the purchase of the firearms, she represented that she was the actual buyer of these firearms when she was not. MADISON, WIS. Timothy M. OShea, 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. 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.