(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. May 13, 2018: Valentine purchased two handguns at Ace Hardware in La Crosse, Wisc. 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. He was ordered released on bond, and a status hearing was scheduled for Sept. 17, 2019, before U.S. District Judge John Z. Lee. An official website of the United States government. ) or https:// means youve safely connected to the .gov website. 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. Kyle Ritchie was found guilty of buying four guns from a licensed dealer in Wausau last year by representing himself as the actual buyer. On January 13, 2022, Zastrow purchased two firearms in Wisconsin Rapids. Should I Move Out of My Home During My Divorce? There are two federal statutes under which straw purchases are usually prosecuted: 18 U.S.C. This is not giving a gift. 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 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. Federally licensed firearm dealers are required to perform background checks for those seeking to buy a firearm. 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. Straw buying is a felony in progressive Connecticut, albeit one in the second-least-serious order of felonies. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Have a question about Government Services? "This is part of a longstanding and deadly pattern in Chicago of straw . 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 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. 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. Rosenbaum's fiance told The Washington Post in 2020 that he wasn't there as a rioter or a looter. Rocha was arrested in Wisconsin on Aug. 9, 2019. But any violation of the Gun Control Act, 1968 make the . 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. Epic 22 Pocket Pistol: The Beretta 71 Jaguar. 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. 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. 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 prison term will be followed by a 3-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. How Old Do You Have to be to Buy a Gun in Wisconsin? 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. The individual is also accused of using one of the weapons to commit a homicide. 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. This crime is being prosecuted more vigorously as of late, and comes with a potential for a very long prison sentence. The jury's verdict in the case, handed down on October 13, 2015, found that a gun shop employee acted negligentlyand . Scott Walker on Wednesday approved a measure touted as making it easier to prosecute illegal straw purchasing of firearms in the state. You should know the laws that apply to buying firearms as gifts for another person. In all, the agency logged 2,420 firearms in 2016, a rate of 407 per 100,000 people. Generally, secretly purchasing a gun on someone else's behalf from a gun dealer, called a straw purchase, is illegal. THE HILL 1625 K STREET, NW SUITE 900 WASHINGTON DC 20006 | 202-628-8500 TEL | 202-628-8503 FAX. A straw purchase is one in which one Person "A" buys a firearm for Person "B", at Person "B's" request. 20 Colorado for Pac-12 title berth, Olympic ticket sales for Paris Games gets off to rocky start. WisPolitics.com & WisBusiness.com: The clean energy shift is underway: How will the Inflation Reduction Act accelerate the transition? 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. 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 . 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. The U.S. Supreme Court delivered a major victory to gun control advocates on Monday. 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. She disputed the defense attorney's characterization of Huber as a "rioter" or "looter." Classic Browning Light Twelve Auto-5 Review: Busting Clays With the Old Humpback Shotgun. 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. 327 S. Church Street, Room 3300
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. Federal law criminalizes making false statements about a material fact on ATF forms and criminalizes presenting false identification when purchasing a firearm. 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.". Firearm Gifts Legal Considerations . The PSN approach involves collaboration by federal, state, and local law enforcement agencies, prosecutors and communities to prevent and deter gun violence. Here is the reason. When transferring or purchasing a firearm, individuals must complete an ATF Form 4473. Dept. Fighting violent crime is a top priority in our office, and we are committed to holding accountable those who engage in illicit firearm transactions.. First things first, if you have reasonable cause to believe the person you're gifting a firearm to is prohibited from possessing . A locked padlock Prosecutors said Black bought the gun for Rittenhouse in what is known as a straw purchase. 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 . This prison term will be followed by a 3-year term of supervised release. 219 S. Dearborn St., 5th Floor
Seven states have laws that penalize sellers who transfer firearms to traffickers under certain circumstances, according to Giffords, a gun violence advocacy group. 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. 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. 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. 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. 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. The barrels under 16 inches should've only applied to 18 year old+ who were legally allowed to carry. The civil rights attorney Ben Crump, who is representing the Blake family, falsely described Rittenhouse on Friday as a "self-declared white nationalist." 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. His Illinois residence helped spur rumors that the teenager traveled to Wisconsin with his rifle illegally in tow. 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. Tony Evers. 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. He pleaded not guilty Wednesday during his arraignment in federal court in Chicago before U.S. Magistrate Judge Gabriel A. Fuentes. Circumstantial vs. 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. 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. 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. The Khindri brothers who own the dealership denied this under oath, but multiple other witnesses testified against them, backing Rittenhouse's version. 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. Wisconsin Gov. The 29-year-old Indiana man allegedly acted as a straw purchaser to buy the firearm used to kill Chicago police Officer Ella French. 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 bill, SB 408, was among 41 signed by. He pleaded not guilty during his arraignment that day in federal court in Chicago before U.S. Magistrate Judge Maria Valdez. Feds say 'straw buyer' purchased 39 handguns for a felon since July, paid more than $25,000 cash to firearms dealers. 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. Rockford: (815) 987-4444. Since then, a number of straw buyers have faced a mandatory five-year minimum sentence under its guidelines. Rittenhouse lived about 20 minutes outside of Kenosha, in Antioch, Illinois. The judge noted that the prosecution did not find any evidence of his affiliation with a white supremacist group in phone records or social media history, and as Michelle Mark previously reported, ruled the trip to the bar was not relevant to the 2020 shooting. This 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.. The government is represented by Assistant U.S. 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. 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. If convicted, the Court must impose reasonable sentences under federal statutes and the advisory U.S. The two reportedly agreed that Black would keep the gun until Rittenhouse turned 18 in January 2021, according to court testimony. 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. 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. States such as Ohio, Nebraska, Oregon, and Delaware have individual straw purchase laws. 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. Stay in the know. Every cowboy needs a revolver. The indictment was returned Aug. 1, 2019, and ordered unsealed Wednesday. Ritchie will also serve extended supervision after his release. Editor's note: This story has been corrected to make clear in graf 18 that Jacob Blake was shot and he survived. 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. U.S. Attorney's Office, Northern District of Illinois, Law Enforcement Coordinating Committee (LECC), Two Men Indicted in Scheme to Straw Purchase Firearms in Wisconsin and Re-Sell Them in Chicago, Federal Judge Sentences Rockford Man to More Than Five Years in Prison for Illegally Possessing Firearm in Rockford, Federal Inmate Sentenced to More Than Seven Years in Prison for Assaulting Federal Correctional Officer, Chicago Man Sentenced to Eight Years for Setting Fire to Cell Phone Store, Two Men Indicted In Scheme To Straw Purchase Firearms In Wisconsin and Re Sell Them In Chicago. "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. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Everytown for Gun Safety and other gun control groups have called on Congress to strengthen laws governing gun trafficking and straw purchases. Straw purchases are deemed a federal crime, punishable by up to 10 years in prison and a fine of up to $250,000. There was a problem saving your notification. The bill, SB 408, was among 41 signed by the Republican without comment this week. Some other states have looser regulations that prohibit individuals from knowingly encouraging sellers to conduct those illegal firearm transfers, according to the group. Assistant U.S. Attorney Taylor L. Kraus prosecuted this case. 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. 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 public is reminded that an indictment is not evidence of guilt. 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. . You have permission to edit this article. 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. 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. This is known as a "straw purchase" and is a crime. Straw purchasing is when someone buys a gun for another person who isn't legally allowed to own one, such as felons. Home Press Releases Dept. 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 prison term will be followed by a three-year term of supervised release. 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. It is classified as a serious crime in Illinois (Class 2 felony), but police rarely. During the investigation, law enforcement utilized ATFs National Integrated Ballistic Information Network. Lock Top editors give you the stories you want delivered right to your inbox each weekday. Gun Shows. Assistant U.S. Attorney Taylor L. Kraus prosecuted this case. Chicago, IL 60604
Licensed dealers also are required under federal law to maintain records on their gun sales and make them available to law enforcement for inspection. Perhaps the most persistent myth surrounding the case is the idea that Rittenhouse, then 17, brought an AR-15 across state lines. A straw purchase typically involves one person buying a gun for someone else, usually because the other person cannot pass a background check or does not want a record of the purchase in their name. 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.
Johnson. The gun was already being stored at a friend's house in Kenosha, according to police records and court testimony. All Rights Reserved, Gov. Anthony Huber's girlfriend told the New York Post that she and Huber, 26, were protesting that night. 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. 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. This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Departments program to reduce violent crime. (Photo: Walkers office). Huber's great aunt, Susan Hughes, also testified at Rittenhouse's trial, saying Huber knew Jacob Blake personally and was upset by his shooting. Who Can Be Held Liable for Winter Truck Accidents. 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. Black said he used Rittenhouse's . A straw purchase occurs when somebody purchases a firearm for another person while pretending to purchase it for personal use. There was an error processing your request. 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. To complete the purchase,she represented that she was the actual buyer of these firearms when in fact she was not. You have permission to edit this article. 924(a)(1)(A). of Justice: Merrill woman sentenced to prison for making false statements during purchase of firearms, WisPolitics luncheon with Gov. 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. Thanks to Governor Walker, prosecutors should be able to make gun charges stick and get dangerous criminals off the streets.. This prison term will be followed by a 3-year term of supervised release. 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. 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. Similarly, those acting as a human holster for a criminal would be subject to a felony. Attorneys Albert Berry III and Elizabeth Pozolo. Ashley Zastrow, 32, purchased two firearms in Wisconsin Rapids on Jan. 13, 2022. 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. It is a serious danger to our communities. This crime is being prosecuted more vigorously as of late, and comes with a potential for a very long prison sentence. March 23, 2018: Valentine purchased two handguns from a dealer at Bob and Roccos Gun Show in Onalaska, Wisc. You are the original buyer, yet you have no intent to own the gun. It is this intent that matters. The family has a 13-acre property with an old gravel pit used as a gun range. 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. Email notifications are only sent once a day, and only if there are new matching items. On January 13, 2022, Zastrow purchased two firearms in Wisconsin Rapids. 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. Section 18 U.S.C. 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 5-4 ruling allows strict enforcement of the federal ban on gun "straw purchases," or one person buying a . 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.