Firearms Owners Against Crime

Institute for Legal, Legislative and Educational Action

FOAC-ILLEA Newsletter - September 25, 2023 :: 09/25/2023

Over the last 2 weeks, the government at the local, state, and federal level have waged a war upon YOUR right to keep and bear arms. They are using taxpayer dollars to fund lawsuits, agencies, offices, committees, and studies whose sole purpose is to take away your ability to protect yourself and those that you love from criminals and the very same tyrant elected class that seek to restrict you.

Think about the term “Gun Control”. If they take away your gun then they can CONTROL you. That is what it is really about!

Educate yourself and those around you! Only tyrants fear an armed and educated citizenry.

On Saturday, September 16th, 2023, Jim Stoker, President of FOAC-ILLEA sent a position paper out to all elected legislators in Harrisburg to educate them about House Bill 912.  FOAC-ILLEA opposes HB912.

Please read the official FOAC-ILLEA white paper and explain to everyone in your sphere of influence that HB912 is dangerous to the law-abiding citizen and empowers criminals who walk among us.

FOAC-ILLEA White Paper on HB 912 - Prohibiting Firearms in Court Buildings

USCCA seeks out the subject matter expertise of FOAC-ILLEA!

Delta Defense LLC, service provider for the US Concealed Carry Association invited FOAC-ILLEA President, Jim Stoker to present a PA Gun Law Seminar on Thursday, October 11, 2023 from 6-9PM EST at Pitcairn-Monroeville Sportsmen’s Club in North Versailles, PA.

The program will be hosted by the USCCA. Come learn about the USCCA and FOAC-ILLEA memberships, learn about PA Gun Laws and Use of Deadly Force in PA, and also learn about defensive training opportunities around the area.

FOAC-ILLEA and USCCA have worked together on multiple occasions over the years, and we are honored that they sought out our expertise to talk about Pennsylvania laws.

Pre-registration is required and the event costs $10. All who attend will receive the USCCA’s “Should I Shoot” book as a gift.

CLICK HERE TO REGISTER

Out and About with FOAC-ILLEA

FOAC-ILLEA Volunteers at the Concealed Carry Seminar in Connellsville, PA with Rep Ryan Warner

Freedom Fest in Bridgeville, PA

FOAC-ILLEA Volunteers at the Concealed Carry Seminar in Ligonier, PA with Rep Leslie Rossi

FOAC-ILLEA President Jim Stoker, Rep Jake Banta and FOAC-ILLEA Board Member Lisha Milhalko

PA Supreme Court Oral Arguments

On September 13, 2023, the Pennsylvania Supreme Court heard arguments in the Crawford V. Commonwealth of Pennsylvania preemption violation case.

Last year FOAC-ILLEA and ACSL filed a joint amicus brief written by Attorney Joshua Prince, in support of the appellees and in opposition to the appellant’s appeal to the May 26, 2022, decision and order of the Commonwealth Court docket NO. 562 C.D. 2020.

The city of Philadelphia argued that the appeal should be heard by the PA Supreme Court.

FOAC-ILLEA President Jim Stoker and a team of members traveled to Philadelphia to attend the hearing to show support to the appellees.

You can read the 11/29/22 FOAC-ILLEA/ACSL Amicus Brief by clicking here.

The Impact of FOAC-ILLEA in Philadelphia

By Jim Stoker, FOAC-ILLEA President

On Wednesday, September 13th, 2023, I spent my eldest daughter’s birthday traveling to and from Philadelphia to stand for our organization in defense of a shining star among gun rights legislation, Title 18 §6120 Limitation on the regulation of firearms and ammunition. Otherwise known in Pennsylvania as preemption. I worked till 11pm Tuesday and left for Philadelphia at 3am Wednesday, cautiously optimistic that the Supreme Court would dismiss their challenge. This incredible statute is underenforced but cannot be overstated in its value to the American citizen in our Commonwealth. If we could only convince the district attorneys in this Commonwealth to enforce it with any sense of consistency, our organization would have far less to do on a weekly basis.

The purpose of this statute, passed in its original form in 1974, is to consolidate the power to pass legislation regarding firearms and ammunition with the general assembly, NOT the counties, municipalities, or townships of the Commonwealth. This ensures consistency across the state for all of us and protects our Constitutional right to bear arms from the feudal lords who run their small fiefdoms with the uninformed opinion that rights need sacrificed on the altar of the “greater good”.

Ceasefire PA and the City of Philadelphia filed a case in Crawford et al., v. Commonwealth of Pennsylvania, et al. in which they would argue that this statute somehow violates the rights of the citizens of Philadelphia to protect themselves. Somehow this is denying the right to life and liberty.

It took less than four minutes for the Justices to begin challenging the notion that the appellants were petitioning the Court to overrule the general assembly on policy matters. Justices Brobson, Dougherty, Todd and Wecht all continued to challenge the appellants to show them how the general assembly is violating the Constitution. The appellants counsel kept stumbling back to “fundamental rights” and basically saying preemption somehow impinges upon the rights of the appellants to life and liberty. Counsel was clearly unable to show any actual infringement that the court, or most of us in the room for that matter, could clearly see.

Counsel’s argument of “state created danger” just wasn’t sitting well with any of the justices. Justice Dougherty aptly proposed that the appellant’s true issue is with the District Attorney of Philadelphia not enforcing laws, rather than the general assembly. He was quite adamant that appellants needed to identify an affirmative act by the general assembly that endangers the appellants as opposed to the accountability of the chief law enforcement officer. Judge Todd then challenged the appellants to explain why the court would be the remedy for the issue rather than elections of the general assembly. Even Justice Donahue, who seemed interested in seeing the case brought before the Supreme Court, repeatedly asked appellant counsel to identify the infringement and she never had a straight answer. Only “emotional rhetoric”, as identified by Justice Brobson. Everyone in the courtroom knew it.

After fifty-nine minutes of appellant argument, it seemed the Justices were unimpressed. The only silent one was Justice Mundy. At this point, I was satisfied that were I a betting man the case was decided against the appellants and preemption was safe. I listened to the appellee arguments for the next fifty minutes, the three counselors permitted to speak in defense of preemption which, sadly did not include our own Joshua Prince on behalf of the amicus brief filed by FOAC-ILLEA.

I firmly believe Josh would have blown away the attorneys permitted to speak. However, I don’t think their words were necessary. I simply don’t expect the Supreme Court of Pennsylvania to take this matter up, and fully expect it to die the death it should. How long will it be until we know for sure? Nobody knows but the court...

After walking out of the courtroom, I looked around at the dozen FOAC-ILLEA members present. I’m thankful to everyone who showed up to support our cause and just be a presence that day. Some drove from near, some from far. Some were talking to media in the hallway, others were asking Josh Prince questions about what to expect. Me? I just took it all in. I took those who could make it to lunch and spent an hour or two discussing events and goals for the organization. Lunch was on me as my way of thanking the group, and some made donations to the organization because I wouldn’t let them chip in. As I left there and wrapped up my 638-mile round trip in 16 hours, I felt again the blessing this organization is in my life. I reviewed the day’s events in my head, and again concluded that the Supreme Court will rule in our favor. I’m extremely hopeful the anti-gun movement took a loss this day. For that reason, and the presence of good people standing up for a great cause... it was a GREAT day for FOAC-ILLEA.

You can hear the argument by clicking here.

The FOAC-ILLEA Fall Gun Bash Tickets are AVAILABLE NOW!

The gun bash is THIS SATURDAY! CLICK HERE TO PURCHASE A GUN BASH TICKET. They can be purchased on the FOAC-ILLEA website. The gun bash is a tremendously great time of food and fellowship with some of the finest guns available in a bash! Tickets are selling fast, so be sure to pick yours up TODAY!

If you would be willing to volunteer and help with the Gun Bash, we can use extra man and woman power! We need more volunteers to help. If you can donate your time, please contact FOAC-ILLEA Secretary/Treasurer Dale Brackin 412-913-1057.

California passes resolution to call for a Constitutional Convention to restrict the 2nd Amendment.

California Governor Gavin Newsom and his team of tyrants in California passed a resolution calling for a Constitutional Convention to change the 2nd Amendment. They propose to end gun ownership for Americans under 21 years of age, mandated universal background checks, a minimum waiting period before a gun is transferred to a buyer, and a universal ban on “assault weapons” and “other weapons of war”.

At one time humans used rocks, sticks and blades as their chosen “weapons of war”. I wonder if the convention would limit itself to firearms… or even the 2nd Amendment? Even prominent democrats are concerned that any Article V Constitutional Convention could run amuck and completely eviscerate our Constitution.

You can read more about this from an article from the Washington Examiner by CLICKING HERE.

Article 5 Constitutional Convention

Article V of the Constitution of The U.S.
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Applica<on of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Sec<on of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Article V provides for 2 ways to change the Constitution. The first option has been used on multiple occasions. There is precedent and process in place to guide us on how to do it. The second option, the Convention, has never been done. Well, at least it hasn’t been done under the current Constitution. The last Convention that took place was to amend the Articles of Confederation in 1787 when some of the leaders ultimately threw out the Articles of Confederation and replaced it with the current US Constitution. The founding fathers KNEW this firsthand when they included option #2 in Article V.

There is no precedent and process to restrict an Article V Convention. We won’t know where it can go until it goes there. As I study the history of the 1787 Convention, knowing what I know of the politics of the day and the cautious resistance that some States had to a stronger Federal government, I believe the 2nd option of Article V was meant to be a means by which States could facilitate a reset of the federal government. I believe the founders meant the 2nd option to be a “burn it down to build a new one” option. This is a dangerous proposition. Do you trust the elected officials in the State and Federal legislature to have the keys to the hen house and the ability to deconstruct or reconstruct our Constitution? Frankly I do not. If ever there are enough petitions to call a Convention, who chooses the delegates? Will your favorite legislator be a delegate? Who will preside over the Convention? What will the political make-up of the legislature be if this finally happens?

No matter what we are told by paid pundits, nobody can guarantee a “restricted” Convention.

Do you think Nancy Pelosi or AOC would like to see modifications to our Constitution? Maybe get rid of that pesky 2nd Amendment once and for all or remove any of the other restrictions that the Constitution puts on government? We know how politics works and to say that a Convention could not run out of control is short sighted and naive.

Currently, there has been movement in the Federal Legislature to consolidate all Convention petitions. If a bill like this were to pass and become part of the U.S. Code, it would GUARANTEE a runaway convention. NOTHING would be off the table.

The Constitution largely provides “negative governance”. The fact that Article V does not give ANY direction on how a Convention is conducted, it very likely would result in a “runaway” because nowhere do we have guidance on the process for choosing delegates, the process for choosing a chair, the procedure by which topics are chosen and God only know what other processes will need to be improvised if a Convention took place.

Not everyone in the legislature are “faithful servants of the people”. Some are fueled by political motives and seek power. The Constitution limits that power. Why would we risk giving those folks the ability to change the very thing that stands between them and total control over The People?

As a citizen, I too have sworn an oath to uphold and protect the Constitution of the US and the PA Constitution. The risk of an Article V Constitution Convention is not a risk that I am willing to take. Elected officials must not gamble on our freedom, and the freedom of our children and our children’s children by supporting an Article 5 Constitutional Convention.

FOAC-ILLEA opposes SR77, HR106, SR51, SR52, HR183, and HR37. We recommend you contact your PA legislators and urge them to oppose these bills too.

FOAC-ILLEA has opposed and continues to oppose an Article 5 Constitutional Convention.

To read the 2019 FOAC-ILLEA Testimony in opposition to the Article 5 Constitutional Convention prepared by former President Kim Stolfer, CLICK HERE.

Have you seen Episode 1 of the FOAC-ILLEA Podcast? Make some popcorn, sit back and enjoy the show!

CLICK HERE to watch Episode 1 on YouTube. CLICK HERE to watch Episode 1 on Facebook.

Jim Stoker, Klint Macro, and Stephen LaSpina are recording a new episode this week! Standby…

FOAC-ILLEA Events

FOAC-ILLEA presents Concealed Carry Seminars with Pro-Liberty Elected Officials, works with County Sheriffs at Satellite License to Carry Events, provides information tables at Gun Shows, and organizes for Pro-2A Rallies, gun bashes, and special events. To see the most up-to-date schedule of FOAC-ILLEA events and meetings, CLICK HERE.

Data Hub

From Dr. John Lott of the Crime Prevention Research Center

https://crimeresearch.org/2023/08/massive-errors-in-fbis-active-shooting-reports-from-2014-2022-regarding-cases-where-civilians-stop-attacks-instead-of-4-6-the-correct-number-is-at-least-35-7-in-2022-it-is-at-least-41-3/

https://crimeresearch.org/2023/08/cases-where-armed-citizens-have-stopped-active-shooter-incidents/

Good News….. Bad News……

A Federal judge overturned the California Ban of magazines with a capacity of more than 10 rounds. This is good news. You can read his decision by CLICKING HERE. However, the California Attorney General has already filed a notice to appeal and is seeking a stay while he appeals the decision. However, this process will no doubt end in the US Supreme Court. Let’s hope that the politics of that body does not change for the worse in the meantime. Read more about this by CLICKING HERE.

The President announced that he is establishing the “Office of Gun Violence Prevention” which will be overseen by VP Kamala Harris. This historic office that focuses on "things" that are owned by MILLIONS of Americans and protected by the 2nd Amendment will seek to restrict the ownership, sale, and possession of multiple items. The goal of this office is clear:

  • Banning assault weapons and high-capacity magazines;
  • Requiring safe storage of firearms;
  • Requiring background checks for all gun sales;
  • Eliminating gun manufacturers’ immunity from liability; and

This list is not something we are making up or intrepreting. Click on the above link and read the White House press release... these are their goals in black and white. There is no mistake. None of these goals address criminal violence. But that is clearly not their endgame. They want to take away all Americans ability to protect themselves from criminals and tyrant elected officials.

Remember what happened under the state of emergency with the “vid”? Just wait for it… a state of emergency because of “gun violence”…. Coming soon.

Think about the term “Gun Control”. If they take away your gun then they can CONTROL you. That is what it is really about!

You can learn more about this by clicking here.

The ATF: Trying to Move the Goal Post Once More

The Biden ATF is once more trying to circumvent the law by changing the definition of “Engaged in the Business as a Dealer in Firearms”. If this definition were to change it would criminalize many American gun owners overnight.

We urge you to read the definitions and summaries before commenting. FOAC-ILLEA is against this definition change. Comments will be taken till December 7th, 2023.

You can read the summary and leave comment on the ATF website by CLICKING HERE.

You can read more about this in an article by Tom Knighton by CLICKING HERE.

A Proud American History of Defiance

On July 6, 1775, The Continental Congress adopted the “Declaration of Causes and Necessity of Taking Up Arms”. The declaration was drafted by Thomas Jefferson and John Dickinson. In the declaration is was said:

“It was stipulated that the said inhabitants having deposited their arms with their own magistrates, should have liberty to depart. . . . They accordingly delivered up their arms, but in open violation of honor, in defiance of the obligations of treaties, which even savage nations esteem sacred, the governor ordered the arms deposited as aforesaid, that they might be preserved for the owners, to be seized by a body of soldiers. . . .” 

Closing Thoughts

The narrative of “a gun violence state of emergency” is being repeated and repeated and repeated and repeated. It is being said in Philadelphia, New Mexico, the White House and ironically, in every democratic controlled city and state across the country.

Adolph Hitler said,

“Tell a lie loud enough and long enough and people will believe it.”

“If you tell a big enough lie and tell it frequently enough, it will be believed.”

FOAC-ILLEA is a non-partisan pro-2A and anti-crime organization. However, it cannot be ignored that the majority of democratically controlled cities and states are saying that there is “a gun violence state of emergency” occurring in their jurisdiction YET they have policies that actually help and empower criminals.

They claim that there is “a gun violence state of emergency” yet their solutions only effect law abiding gun owners and completely ignores the violent actors that commit crime.

Why?

Who is the elected class protecting? It ain’t me… it ain’t you….

Think about the term “Gun Control”. If they take away your gun then they can CONTROL you. That is what it is really about!

Stay Frosty, Armed, and Be Well Regulated!

Klint Macro

FOAC-ILLEA VP

FOAC-ILLEA is continuing to fight for the hearts and minds of our fellow Pennsylvanians to promote individual liberties and freedoms. We are steadfast and resolute and dedicated to protecting our Constitution and advancing the cause of the 2nd Amendment and Article 1 Section 21 of the PA Constitution.

FOAC-ILLEA’s educational efforts are expanding across the Commonwealth. FOAC-ILLEA volunteers are teaching more concealed carry classes each month and additional virtual education events are forthcoming.

FOAC-ILLEA is continuing to fight in the courts. Whether this means new litigation to challenge local tyrants, fight the bureaucrats that make it harder for Pennsylvanians to exercise their most basic rights, or the funding of amicus briefs to support others who are already involved in court battles, we are actively helping to establish case law that will help advance the cause of liberty.

FOAC-ILLEA volunteers research proposed legislation, consult with experts, and offer advice to elected officials about legislation as well as educate the public on the strength or folly of legislation that could have lasting positive or negative effects upon our liberty and the liberty of our children.

I urge you to help me spread the word about FOAC-ILLEA. Share this newsletter and the website with your sphere of influence. Get a fellow gun owner to join FOAC-ILLEA.

Sign up for membership HERE.

Contact your Legislators HERE.

Read previous newsletters HERE.

The FOAC-ILLEA website is a wealth of information. Track current legislation, contact legislators and elected officials, look up gun laws, read easy to understand synopsis’ on stand your ground, castle doctrine, and legal use of force. Keep up to date with current gun related news. There is all this and more on the FOAC-ILLEA website.

Get involved!

If you have read this entire newsletter and made it here to this statement… you are already interested and vested.

Donate your time, your talents, or your treasure. VOTE pro-2A and get your friends to vote pro-2A as well. Become a member and get your friends to become a member. If you are already a member, consider “upping your membership” to a higher level. Join us at the gun bash; purchase a ticket. Volunteer to help at the bash. Volunteer to join a committee to send emails, write letters, make phone calls… NOW IS THE TIME TO DO. DON’T PUT IT OFF. “We the People” have been sitting on the sidelines too long.

An Armed and Educated Citizenry is the true check and balance in our Constitutional Republic and the ultimate homeland security!

Firearms Owners Against Crime ILLEA © 2024

P.O. Box 308 Morgan, PA 15064

web application / database development by davidcdalton.com