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. 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. Danzy was released on a $4,500 unsecured bond. 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. 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. 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. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Since then, a number of straw buyers have faced a mandatory five-year minimum sentence under its guidelines. 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. 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. His Illinois residence helped spur rumors that the teenager traveled to Wisconsin with his rifle illegally in tow. 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. of Justice: Merrill woman sentenced to prison for making false statements during purchase of firearms. Prosecutors said Black bought the gun for Rittenhouse in what is known as a straw purchase. Any violations of these laws can result in a 10-year prison sentence and fines up to $250,000. A straw purchase occurs when somebody purchases a firearm for another person while pretending to purchase it for personal use. Straw purchase is a purchase where a purchaser knowingly acquiring an item or service for someone. Anthony Huber's girlfriend told the New York Post that she and Huber, 26, were protesting that night. 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. Rockford, IL 61101, Chicago: (312) 353-5300 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. Attorneys Albert Berry III and Elizabeth Pozolo. 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. Editor's note: This story has been corrected to make clear in graf 18 that Jacob Blake was shot and he survived. Terms and Conditions and Privacy Policy. Straw Purchase Law and Legal Definition. Official websites use .gov How Old Do You Have to be to Buy a Gun in Wisconsin? Every time the left tries to harm innocent law abiding citizens, it runs the risk of conservative Americans lashing out. Black is now being prosecuted for participating in the illegal straw purchase of the weapon on behalf of Rittenhouse. 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. But the tech company later confirmed that Rittenhouse had not been a follower of the flagged page. Pennington is prohibited from purchasing a firearm due to multiple felony convictions in the state of Wisconsin. 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. It is this intent that matters. The public is reminded that an indictment is not evidence of guilt. 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. 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. Ashley Zastrow, 32, purchased two firearms in Wisconsin Rapids on Jan. 13, 2022. A straw purchase is any purchase in which a second person agrees to acquire a firearm for someone else. Although there are exceptions, generally all firearm purchasers must be at least 21 years of age to purchase any firearm. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. A Wisconsin jury fully acquitted Kyle Rittenhouse on Friday, finding him not guilty on five counts. Rocha was arrested in Wisconsin on Aug. 9, 2019. An official website of the United States government. 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. But Rittenhouse's possession of the firearm at the time was technically legal. Have a question about Government Services? 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. The prison term will be followed by a three-year term of supervised release. 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. There was an error processing your request. At Rosenthal Kalabus & Therrian, our top-rated Collin County criminal lawyers have extensive experience handling federal firearms cases. When transferring or purchasing a firearm, individuals must complete an ATF Form 4473. 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. 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. (2) The prohibition in sub. 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. You have permission to edit this article. 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. 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 civil rights attorney Ben Crump, who is representing the Blake family, falsely described Rittenhouse on Friday as a "self-declared white nationalist." The criminal case against the 19-year-old who allegedly made the straw purchase that provided Kyle Rittenhouse his gun has been put on . Democrats hope they can bring a gun violence package to the floor the week of June 20. With no legislative text, the specifics of a crackdown on straw purchases remain unclear. He pleaded not guilty during his arraignment that day in federal court in Chicago before U.S. Magistrate Judge Maria Valdez. 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. 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. 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. THE HILL 1625 K STREET, NW SUITE 900 WASHINGTON DC 20006 | 202-628-8500 TEL | 202-628-8503 FAX. You are the original buyer, yet you have no intent to own the gun. Chicago, a much larger city but with similarly high murder rate, recovered 247 guns per 100,000 people. You have permission to edit this article. You should know the laws that apply to buying firearms as gifts for another person. 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. 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. 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. 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. But Rittenhouse has never publicly identified as a member of any extremist group. WisPolitics.com & WisBusiness.com: The clean energy shift is underway: How will the Inflation Reduction Act accelerate the transition? Who Can Be Held Liable for Winter Truck Accidents. If convicted, the Court must impose reasonable sentences under federal statutes and the advisory U.S. 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. 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. Wisconsin Gov. Email notifications are only sent once a day, and only if there are new matching items. Generally, secretly purchasing a gun on someone else's behalf from a gun dealer, called a straw purchase, is illegal. Straw purchasers and firearm traffickers enable unlawful possession of guns and the violence that may follow, said John R. Lausch, Jr., United States Attorney for the Northern District of Illinois. 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. 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. 327 S. Church Street, Room 3300 Graap will next be in court again on May 8th at 11 a.m. for a Motion hearing. The prosecution argued as such. Remington's Nylon 66 semi-automatic .22 LR rifles have grown from 1950s bargain buys to 21st century collectors darlings. Contact Us About Straw Purchases in Texas. 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 case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Departments program to reduce violent crime. 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. 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. Section 18 U.S.C. The governor and Lane are supporting House Bill 306. 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. 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. An email has been sent to with a link to confirm list signup. 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. Short answer: it depends. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. Feds say 'straw buyer' purchased 39 handguns for a felon since July, paid more than $25,000 cash to firearms dealers. I have no answer. Some other states have looser regulations that prohibit individuals from knowingly encouraging sellers to conduct those illegal firearm transfers, according to the group. 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. Need Help?service@guns.comCall (866)582-4867, PO Box 1131 13800 Nicollet Blvd Burnsville, MN 55337 2023Guns.com. 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. Smith & Wesson Model 586: Reviewing A .357 Revolver With Class. 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. State laws punishing straw purchases vary. She disputed the defense attorney's characterization of Huber as a "rioter" or "looter." This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Departments program to reduce violent crime. May 19, 2018: Valentine purchased seven handguns from a dealer at Bob and Roccos Gun Show in Onalaska, Wisc. It is legal to purchase a firearm as a gift for another, if you are actually buying the firearm for . The gun seller can also be held liable under 18 U.S.C. 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 . 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. Law enforcement agents call people who buy guns for those who aren't legally . This crime is being prosecuted more vigorously as of late, and comes with a potential for a very long prison sentence. 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. 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.. Even if gun dealers dont end up following through on the transaction, a survey of a random sample of 1,601 licensed dealers during the summer of 2011 found that more than two-thirds 67.3 percent had experienced attempted straw purchases. 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. The family has a 13-acre property with an old gravel pit used as a gun range. If the end recipient is not disclosed to the gun dealer/seller, they cannot run the background check for the actual purchaser/owner. 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. 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. 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 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. NSSF employee Michael Bazinet spends a lot of time focusing on the "Don't Lie . Instead, Ritchie passed the guns off to Victor Pennington in exchange for meth. Circumstantial vs. 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. Both the purchaser and the intended buyer are criminally liable under these statutes; the actual buyer is criminally liable for aiding and abetting the straw purchase, and for causing another to make false statements. A "Kenosha Guard" militia group on Facebook did issue a "call to arms" ahead of the violenceon August 25. without the transfer creating a "straw purchase". 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. 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 two reportedly agreed that Black would keep the gun until Rittenhouse turned 18 in January 2021, according to court testimony. This prison term will be followed by a 3-year term of supervised release. Good luck with that. 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. Error! "Why was he there? She was making the buyfor an individual who accompanied her to the store and provided her with cash at the time of purchase. 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. Secure .gov websites use HTTPS 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. According to Kenoshanews. Sign up for notifications from Insider! The barrels under 16 inches should've only applied to 18 year old+ who were legally allowed to carry. Licensed dealers also are required under federal law to maintain records on their gun sales and make them available to law enforcement for inspection. 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. He was ordered released on bond, and a status hearing was scheduled for Sept. 17, 2019, before U.S. District Judge John Z. Lee. Texas Gun Sense info@txgunsense.org PO Box 92722, Austin, TX 78709-2722 (512) 903-4186 Pennington will be sentenced for his role in the incident (one count of distributing meth) next January. 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. 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. On January 13, 2022, Zastrow purchased two firearms in Wisconsin Rapids. 20 Colorado for Pac-12 title berth, Olympic ticket sales for Paris Games gets off to rocky start. Thats why tougher laws on straw purchases are a priority for gun control groups. In Wisconsin it's illegal for any one under 18 to have any kind of dangerous weapon. Top editors give you the stories you want delivered right to your inbox each weekday. A locked padlock 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. He was acquitted on all 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. It is a serious danger to our communities. If they ask you to buy it, fill out the 4473 in your name, and then pay you . Walker signs bill upping penalties on straw purchases in Wisconsin. March 23, 2018: Valentine purchased two handguns from a dealer at Bob and Roccos Gun Show in Onalaska, Wisc. 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 lock ( This prison term will . WisPolitics.com DC breakfast with U.S. Rep. Mark Pocan, WisPolitics luncheon with Marquette University Law School Poll Director Charles Franklin. 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. Rittenhouse did testify that his mother drove him to a local police station to surrender following the shootings. Tips For Preventing Firearm Straw Purchases. 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 one in which one Person "A" buys a firearm for Person "B", at Person "B's" request. To complete the purchase,she represented that she was the actual buyer of these firearms when in fact she was not. 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. Learn how you can help drug endangered children. Rockford: (815) 987-4444. 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. 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. How Can Employers Avoid Accusations of Wrongful Termination? as well as other partner offers and accept our. 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. 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. 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. 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 firearms in question were used by Tanner Graap. Federally licensed firearm dealers are required to perform background checks for those seeking to buy a firearm. The government is represented by Assistant U.S. 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. 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. The bill, SB 408, was among 41 signed by the Republican without comment this week. This prison term will be followed by a 3-year term of supervised release. This is not the same thing as purchasing a firearm as a genuine, bonafide gift. Section 18 U.S.C. 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. 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. "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. First, contrary to what most people think, no Federal Law prohibits you from buying a gun as a gift for someone else. A .gov website belongs to an official government organization in the United States. Scott Walker on Wednesday approved a measure touted as making it easier to prosecute illegal straw purchasing of firearms in the state. 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. Someone makes a straw purchase when they purchase a gun on behalf of someone else who may not be . According to Kyle The Answer to this is no. Graap allegedly used one of those firearms to fatally shoot and kill Kayla Frank. Home Press Releases Dept. Black said he used Rittenhouse's . 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 .

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