Firearms Owners Against Crime

Institute for Legal, Legislative and Educational Action

FOAC-ILLEA Newsletter for January 16th, 2023 :: 01/16/2023

Over the last 2 weeks we have seen a lot of activity in the halls of government. Some folks are working to uphold and defend the Constitutions of the US and Pennsylvania, while others are seeking to undermine it.

The media would have you believe that lower house floor in Washington D.C. is covered with peanut shells and popcorn, implying that a circus took place during the debate and 15 ballot process that resulted in Kevin McCarthy becoming the Speaker of the House. I say this is what a robust Constitutional Republic is supposed to look like. Legislators should NOT roll over and blindly comply and learn about it after it passes.

"We have to pass the bill so that you can find out what is in it."

-Nancy Pelosi

Since the new legislative session has begun, multiple pro-liberty / pro-gun bills have been introduced.

HB 38: Concealed Carry Reciprocity Act

HB 53: FIND Act Firearm Industry Non-Discrimination Act

HB 152: Hearing Protection Act

HR 168: Protect Interstate Transportation of Firearms and Ammunition

HB 173: To amend the Internal Revenue Code of 1986 to remove short-barreled rifles from the definition of firearms for purposes of the National Firearms Act, and for other purposes.

HB 341: To amend chapter 44 of title 18, United States Code, to provide that a member of the Armed Forces and the spouse of that member shall have the same rights regarding the receipt of firearms at the location of any duty station of the member.

Time will tell if McCarthy will help move these pieces of legislation through the House.

In an interview with Breitbart, McCarthy pledged that a House GOP majority under his leadership would not consider gun control proposals.

“One thing I’ve learned is the Second Amendment is one of the most important amendments and you look at all my voting record. Listen, you watch this Congress itself—we believe in the Constitution,” McCarthy said.

I gotta think he will be a better leader for liberty that Nancy… however, time will tell.

SPEAKER OF THE PENNSYLVANIA HOUSE: MARK ROZZI

By Jim Stoker, President of FOAC-ILLEA

jstoker@foac-illea.org

What’s with all the ruckus? Yes indeed... what’s with all the ruckus in Harrisburg lately? It’s a complicated issue for certain, but for those who have sat back and absorbed the goings on of late, there’s a lot of potential for good that has come from some of the political maneuvering in the Pa. House of Representatives.

I think many conservatives in our Commonwealth were distracted with the drama unfolding in the U.S. House of Representatives and missed some of the nuances of the PA. House. So let’s examine some of the key points...

First off, you have the fact that the Democrat party, not exactly a bastion for gun rights these days, won the House of Representatives 102 – 101. Technically. Three of those seats are up for a special election as two Representatives moved on to other positions, and one member sadly passed away shortly before election day. So that means the Republicans lead the House 101 – 99... for about five weeks. That put the vote for speaker of the House in contention between the two parties. The Republicans could argue and rightly so that they are the current majority. However, those three special elections are in districts that are bastions for the Democrats and will most likely lead to Democrats replacing those who’d departed. Even the timing of the special elections was argued and so that decision was going to the appellate courts... and then, something strange happened.

The Democrats were electing Joanna McClinton to the speaker position and no other. McClinton is a long time Democrat with an abysmal F rating from both FOAC and the NRA. She opposes everything Article I, Section 21 represents. She was the choice of the Democrat party. This was about to be a very, very long year of anti-gun legislation. We would be going from trying to push pro-gun legislation to trying to fight off anti-gun legislation.

If you look at the voting on the day they convened the 2023 – 2024 legislative session, you can see one Republican going against the party vote. That means the Republicans didn’t have enough votes to put in a Republican speaker even BEFORE the special elections turned the tide for the year. That left the Republicans facing the high probability that Rep. McClinton was going to be speaker. If not now, then definitely after the special elections. And they would be powerless to prevent it.

Enter Representative Jim Gregory and a suggestion to approach Representative Mark Rozzi to be Speaker of the House. Rep. Rozzi, a Democrat, was known to Rep. Gregory from work they’d done together on proposed legislation to protect children from abuse. The Republican leadership got together with Rep. Rozzi and a deal was struck. Sixteen Republicans voted for a Democrat that day and Rep. Rozzi was elected to be speaker for the House.

Now there are a lot of staunch conservative groups upset about this move. I’ve seen some outright ridiculous commentary labeling these Republicans as traitors and the like. But may I suggest a different point of view? What the Republicans did that day was outside of traditional lines but given the alternative it was a necessary move by the Republicans and Rep. Rozzi to avoid having a radical left representative in charge. The agreement was supposedly that Rozzi would shift to an independent member of the House, and it would mean a 101 – 101 – 1 count in the House of Representatives.

Now is that an ideal situation for conservatives or Republicans? No. But is it light years ahead of a House completely under the anti-gun party rule? Without a doubt. Rep. Rozzi has stated he would not caucus with either party. He has not switched to Independent yet, and I’m sure there are discussions being had as to why or when, but even then, it’s a victory avoiding the leadership of McClinton.

Since this happened, I have been able to speak with many members of the House about it. Some in leadership roles, some not. Some urging caution and staying away from the topic as though it were poison, and some encouraging applauding the move wholeheartedly. I spoke with Rep. Rozzi myself this week and asked him what his intentions are with gun rights and the legislation that matters most to FOAC-ILLEA and our brothers and sisters in the fight for gun rights in Pennsylvania. He was open to discussion, and even encouraged us to approach the legislative session with reasonable legislation. He doesn’t come across to me as someone trying to bring about gun control or strip away our Constitutionally protected natural rights, and his voting record seems to support that. However, it appears the decision the Republicans had to make was a choice between McClinton and Rozzi. And what we are seeing is the aftermath of that decision.

Regardless of the outcome, FOAC-ILLEA will be present in the fight for your individual 2nd Amendment freedoms. We shall not waiver, and we will approach Harrisburg with legislation in an effort to further the goals of maintaining a Constitutional Republic.

WOLF’S SWAN SONG

“It cuts like a knife… and it feels so right.”

-Bryan Adams

Pennsylvania Act 119 (HB 1929) is now in effect. This bill, repealing the ban on switchblades and spring assisted knives, passed the house and senate in 2022 and was signed into law by then Governor Tom Wolf.

FOAC-ILLEA applauded Governor Wolf’s decision to sign this bill. It was a pleasant surprise as Gov. Wolf was not know for his want to REMOVE restrictions placed upon law abiding Pennsylvanians.

“Isn’t it ironic, don’t you think?”

-Alanis Morsette

Did you know that in 2019, knives and cutting instruments were used in murders 46 times? Rifles on the other hand were used 11 times. Of course, the use of said objects were illegal, and not used by law abiding Pennsylvanians. Murder was a crime in Pennsylvania is 2019 and still is to this day (although Larry Krasner may disagree). The 2019 National stats were 10.6% of homicides were committed with knives and 2.6% were committed with rifles. Subsequent statistics echo similar ratios.

So, this begs the question, if knives are used more in homicides than rifles, why would Gov. Wolf remove restrictions on knives, but call for restrictions on rifles? I guess much like the age old question, “how many licks does it take to get to the center of a tootsie roll tootsie pop?” the answer is:

The world may never know.

Perhaps, moving forward, the incoming PA legislators and new Governor Shapiro should take a page from Wolf’s book on this one. Placing restrictions on the law abiding ONLY empowers the criminals (and the tyrants).

I speak for myself and all of the FOAC-ILLEA board and officers here when I say, we believe that there should be ZERO restrictions on Pennsylvanians when it comes to the tools that they choose to keep and bear to defend themselves and those that they love.

WHAT THE FIFTH CIRCUIT’S STRIKING OF BUMP STOCK RULE PORTENDS FOR ATF-GENERATED RULES

By Larry Keane

An appeals court ruling that struck the Trump-era rule banning bump stocks could have a much wider-reaching impact than just the plastic accessory.

The U.S. Court of Appeals for the Fifth Circuit overwhelmingly ruled that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) overstepped its authority when it published a Final Rule that classified bump stocks as “machineguns.”

“The Government’s regulation violates these principles. As an initial matter, it purports to allow ATF – rather than Congress – to set forth the scope of criminal prohibitions. Indeed, the Government would outlaw bump stocks by administrative fiat even though the very same agency routinely interpreted the ban on machineguns as not applying to the type of bump stocks at issue here,” the opinion states. “Nor can we say that the statutory definition unambiguously supports the Government’s interpretation. As noted above, we conclude that it unambiguously does not. But even if we are wrong, the statute is at least ambiguous in this regard. And if the statute is ambiguous, Congress must cure that ambiguity, not the federal courts.”

Click Here to continue reading the full article

Factoring Criteria for Firearms with Attached “Stabilizing Braces”

The ATF is at it again… legislating from the sidelines and moving the goalpost on law abiding Americans.

ATF final rule 2021R-08F, signed by Attorney General Merrick Garland on January 13, 2023, criminalizes Americans with the stroke of an unelected pen.

The final rule states:

“Any weapons with “stabilizing braces” or similar attachments that constitute rifles under the NFA must be registered no later than 120 days after date of publication in the Federal Register; or the short barrel removed and a 16-inch or longer rifle barrel attached to the firearm; or permanently remove and dispose of, or alter, the “stabilizing brace” such that it cannot be reattached; or the firearm is turned in to your local ATF office. Or the firearm is destroyed.”

The ATF website states:

This rule does not affect “stabilizing braces” that are objectively designed and intended as a “stabilizing brace” for use by individuals with disabilities, and not for shouldering the weapon as a rifle. Such stabilizing braces are designed to conform to the arm and not as a buttstock. However, if the firearm with the “stabilizing brace” is a short-barreled rifle, it needs to be registered within 120-days from the date of publication in the Federal Register.

Should individuals and FFLs be in possession of a firearm with an attached “stabilizing brace” such that the firearm constitutes a firearm under the NFA [National Firearm Act] in addition to the GCA [Gun Control Act], the affected persons or FFLs will need to choose one of the following options.

The options are:

  1. Turn in the entire firearm with the attached “stabilizing brace” to ATF
  2. Destroy the whole firearm;
  3. Convert the short-barreled rifle into a long-barreled rifle;
  4. Apply to register the weapon under the NFA; or
  5. Permanently remove and dispose of, or alter, the “stabilizing brace” from the firearm so that it cannot be reattached.

Owners of AR pistols with stabilizer braces have 120 days from January 13th, to comply with one of the 5 options.

We can only hope when this ruling is challenged in the courts, it is once more decided that the ATF has overstepped its authority when it made this “Final Ruling”.

Highlighted Book Review: Keeping Your Church Safe: Security Essentials for Houses of Worship (2nd Edition), by Ron Aguiar

By Stephen LaSpina, FOAC-ILLEA Board Member

slaspina@foac-illea.org

Updated and re-released in 2019 by the publishing team at USCCA, this book is a must-read for anyone wanting a comprehensive list of topics their church must consider when it comes to safety and security. 

Ron Aguiar has been heavily involved in church security and law enforcement most of his life. He brings all of that experience to bear in this thoughtful, yet highly accessible work. 

The layout and formatting of this book is excellent: many vibrant pictures and short chapter lengths make it very digestible and easy to work your way through. 

Topics covered include managing risk, liability considerations, medical preparedness, protecting youth, active shooter scenarios, and terrorist incidents, just to name a few. Ron really does a terrific job with the details in each category that ought to be carefully attended to. 

One of my favorite features is how Ron cites real-life examples of church security incidents in each section, highlighting the need for careful consideration of the topic he is about to address. 

I consider myself fairly well-read on this subject, yet Ron gave me many new things to think about by the end of this book. 

Whether you are brand new to church security and looking for a good place to start, or you are looking to expand your knowledge on the subject, I highly recommend purchasing and reading this valuable resource. 

To purchase the book, click here

To learn more about Ron Aguiar and his company, Oasis Safety, visit oasissafety.com

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.

A CALL FOR VOLUNTEERS

FOAC-ILLEA Event Coordinator, Kevin Jackson, is looking for volunteers to help man a table at the Washington County Gun Show on April 15th & 16th 2023- 9:00 am to 4:00 pm. If you can help, please contact Kevin at 412-302-3544 or by E-Mail.

THE FOAC-ILLEA SPRING GUNBASH TICKETS ARE COMING SOON!

The list has been finalized and the tickets are off to print. FOAC-ILLEA spring gun bash tickets will be available soon. A special email blast will be sent as soon as the tickets are available for sale on the website.

The FOAC-ILLEA gun bash is known to be one of the BEST BASHES in Pennsylvania.

Feast your eyes on the list of guns:

We will also have our famous special package side raffles. This time we will be adding a special “Gun Builders Package” that will include a 3D Printer and all the parts needed to build your very own semi-automatic pistol.

The FOAC-ILLEA Spring Gun Bash will be held on Saturday, March 18th, 2023 at the Washington County Fairgrounds in Washington, PA.

Tickets are $50 and will be available SOON on the FOAC-ILLEA Website.

QUOTE

“Our new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes.”

-Benjamin Franklin

CLOSING THOUGHTS

The body politic of our country balances upon the sharp edge of a blade. Our “dividedness” is self-evident as we count those who represent us on each side of the isles, and we witness the vitriol of those among us that wish not to be free.

Now is the time to ready ourselves for the coming challenges. We must not let Liberty perish. We are stewards of freedom. We must not allow our Constitutional Republic slip away into the darkness of tyranny.

Our complacency emboldens tyrants.

In the movie, The Great Dictator, Charlie Chaplin gives a powerful speech. One line has always resonated with me:

“…don’t give yourselves to brutes - men who despise you - enslave you - who regiment your lives - tell you what to do - what to think and what to feel! Who drill you - diet you - treat you like cattle, use you as cannon fodder. Don’t give yourselves to these unnatural men - machine men with machine minds and machine hearts! You are not machines! You are not cattle! You are men! You have the love of humanity in your hearts! You don’t hate! Only the unloved hate - the unloved and the unnatural! Soldiers! Don’t fight for slavery! Fight for liberty!”

6 million + gun owners in Pennsylvania voting for liberty and gun rights WILL make the difference. YOU exercise your right to keep and bear arms to protect your family, WE must use each election to REMOVE those who do not protect that right. Those that are against Article 1 Section 21 and the 2nd Amendment are against YOU having the power to protect yourself from criminals and ultimate tyranny.

“All that is necessary for the triumph of evil is that good men do nothing.”

-Edmund Burke

Stay Armed and Be Well Regulated,

Klint Macro

FOAC-ILLEA 1st VP

kmacro@foac-illea.org

PS: interested in hearing more of the Charlie Chaplin speech? CLICK HERE to hear a project I produced years ago.

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.

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, or 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

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