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. 922(d) if the seller knew or had reason to know that the person buying the gun is a criminal or otherwise prohibited buyer. Graap will next be in court again on May 8th at 11 a.m. for a Motion hearing. The 29-year-old Indiana man allegedly acted as a straw purchaser to buy the firearm used to kill Chicago police Officer Ella French. But Rittenhouse has never publicly identified as a member of any extremist group. In order to complete the purchase of the firearms, she represented that she was the actual buyer of these firearms when she was not. 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. This prison term will be followed by a 3-year term of supervised release. 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. 941.2905 Straw purchasing of firearms. The charges Zastrow faced stemmed from one of the guns she purchased was used in a homicide. Assistant U.S. Attorney Taylor L. Kraus prosecuted this case. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. 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. 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. First, contrary to what most people think, no Federal Law prohibits you from buying a gun as a gift for someone else. "This is part of a longstanding and deadly pattern in Chicago of straw . 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. As far as straw purchases go, you stand in for someone. 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. 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. In states where there is no specific law prohibiting a straw purchase, the federal law will apply. Help us combat the proliferation of sexual exploitation crimes against children. A straw purchase is one in which one Person "A" buys a firearm for Person "B", at Person "B's" request. 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 . 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. But Rittenhouse's possession of the firearm at the time was technically legal. 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 prosecution argued as such. It is classified as a serious crime in Illinois (Class 2 felony), but police rarely. Nov. 10, 2021. This prison term will . Kyle Rittenhouse's trial has returned again and again to the semiautomatic rifle he used to kill two men and wound a third during the unrest in Kenosha, Wis., last year. Here is the reason. The indictment was returned Aug. 1, 2019, and ordered unsealed Wednesday. May 17, 2018: Valentine purchased two handguns at Holmen Pawn Shop in Holmen, Wisc. The individual is also accused of using one of the weapons to commit a homicide. It is a bill that would prohibit so-called "straw purchases" of firearms; it would make this practice a fourth-degree felony in New Mexico, according to a press release from the governor's office. The case was brought forward through a multi-jurisdiction effort between law enforcement in Lincoln and Wood counties along with the FBI. Official websites use .gov It is this intent that matters. NSSF employee Michael Bazinet spends a lot of time focusing on the "Don't Lie . She was making the buyfor an individual who accompanied her to the store and provided her with cash at the time of purchase. The government is represented by Assistant U.S. 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. There was an error processing your request. 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. 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. On January 13, 2022, Zastrow purchased two firearms in Wisconsin Rapids. Straw purchasing firearms is not a victimless crime, said FBI Assistant SAC Larry L. Lapp. "Straw purchasing a firearm is a federal crime with serious consequences," said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. 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. The prison term will be followed by a three-year term of supervised release. . 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. Rittenhouse did testify that his mother drove him to a local police station to surrender following the shootings. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. He was acquitted on all counts. A straw purchase occurs when somebody purchases a firearm for another person while pretending to purchase it for personal use. 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. 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. 327 S. Church Street, Room 3300 But those background checks and records involve the purchaser of the firearm and not always the ultimate user of the gun. 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. 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. This prison term will be followed by a 3-year term of supervised release. Straw buying is a felony in progressive Connecticut, albeit one in the second-least-serious order of felonies. Western Division The Khindri brothers who own the dealership denied this under oath, but multiple other witnesses testified against them, backing Rittenhouse's version. A "Kenosha Guard" militia group on Facebook did issue a "call to arms" ahead of the violenceon August 25. (Photo: Walkers office). This person was unable to legally possess a gun because of a previous felony conviction. Despite the federal prohibition and state-level legislation, many gun control advocates and experts say the illegal transactions still happen regularly. 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. 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. ) or https:// means youve safely connected to the .gov website. Smith & Wesson Model 586: Reviewing A .357 Revolver With Class. 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. Email notifications are only sent once a day, and only if there are new matching items. 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. Although there are exceptions, generally all firearm purchasers must be at least 21 years of age to purchase any firearm. The family has a 13-acre property with an old gravel pit used as a gun range. Rosenbaum was seen in a number of videos not protesting but causing destruction, setting fires, tipping over a Porta Potty, wielding a chain, and at one point even shouting the N-word. The U.S. Supreme Court delivered a major victory to gun control advocates on Monday. 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. Scott Walker on Wednesday approved a measure touted as making it easier to prosecute illegal straw purchasing of firearms in the state. If you were arrested or charged with a crime in connection to an alleged straw purchase, we can help. 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. We'll send breaking news and news alerts to you as they happen! Generally, secretly purchasing a gun on someone else's behalf from a gun dealer, called a straw purchase, is illegal. gun for an acquaintance in Chicago who was unable to buy a firearm himself due to a past felony conviction for theft in Wisconsin. 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. . 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. Tell us what you think about the songs we play! Thanks to Governor Walker, prosecutors should be able to make gun charges stick and get dangerous criminals off the streets.. Your intent is to act as the agent. 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. We are tired of t. A small number of states also penalize the actual buyer in straw purchases. All Rights Reserved, Gov. Success! This crime is being prosecuted more vigorously as of late, and comes with a potential for a very long prison sentence. This is not the same thing as purchasing a firearm as a genuine, bonafide gift. 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. Just hours before the protests, Rosenbaum had been released from a hospital following psychiatric care for a suicide attempt. At Rosenthal Kalabus & Therrian, our top-rated Collin County criminal lawyers have extensive experience handling federal firearms cases. This prison term will be followed by a 3-year term of supervised release. Huber's great aunt, Susan Hughes, also testified at Rittenhouse's trial, saying Huber knew Jacob Blake personally and was upset by his shooting. 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. WisPolitics.com & WisBusiness.com: The clean energy shift is underway: How will the Inflation Reduction Act accelerate the transition? How Old Do You Have to be to Buy a Gun in Wisconsin? 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. Stay up to date with what you want to know. 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. 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. A Wisconsin jury fully acquitted Kyle Rittenhouse on Friday, finding him not guilty on five counts. A straw purchase is any purchase in which a second person agrees to acquire a firearm for someone else. This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Departments program to reduce violent crime. You have permission to edit this article. Project Safe Neighborhoodsis a nationwide initiativeto reduce gun violence and violent crime in neighborhoods across the country. Black is now being prosecuted for participating in the illegal straw purchase of the weapon on behalf of Rittenhouse. 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. 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. Johnson. Court documents allege Rittenhouse retrieved the gun from Black's stepfather's house in Kenosha on Aug. 25, 2020, and that Rittenhouse and Black went together, armed, to protests in downtown . 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. 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 .gov website belongs to an official government organization in the United States. Rosenbaum's fiance told The Washington Post in 2020 that he wasn't there as a rioter or a looter. 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. He was ordered released on bond, and a status hearing was scheduled for Sept. 17, 2019, before U.S. District Judge John Z. Lee. Purchasing firearms for people prohibited from owning them, commonly known as straw purchases, would be a felony in Wisconsin if a newly introduced bill is passed into law. On January 13, 2022, Zastrow purchased two firearms in Wisconsin Rapids. 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. The U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives provided assistance. 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. of Justice: Merrill woman sentenced to prison for making false statements during purchase of firearms, WisPolitics luncheon with Gov. Black said he used Rittenhouse's . There was a problem saving your notification. 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. Democrats hope they can bring a gun violence package to the floor the week of June 20. Kyle Ritchie was found guilty of buying four guns from a licensed dealer in Wausau last year by representing himself as the actual buyer.

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