Firearms Owners Against Crime

Institute for Legal, Legislative and Educational Action

FOAC-Institute Newsletter - February 26, 2024 :: 02/26/2024

Math is everywhere!

102 to 100 is the current split in the PA House.

Since the last FOAC-Institute newsletter there was a special election in the Commonwealth for a vacant seat that went to the Democrats. This was no real surprise considering the political leanings of the district.

What was surprising was that Republican Joe Adams (139th District) suddenly resigned due to family health issues. This tipped the scales to a 2-vote majority to the Democrats, removing aby opportunity to try and restructure the leadership. The Democrats can continue maintain leadership control and control over the calendar (what gets voted on).

There is a special election in the 139th District on April 23rd (the same day as the 2024 primary).

Now, I feel it is super important to reiterate that FOAC-Institute is a NON-Partisan organization. We are not ant/pro-Republican or anti/pro-Democrat… we are PRO-GUN. We will work with any elected official that will uphold and protect Article 1 Section 21 of the PA Constitution and the 2A.

The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.

- Article 1 Section 21 of the PA Constitution

Not all Democrats are anti-gun…. However, the current Democratic leadership IS anti-gun!

Back in the 1990’s when Kim Stolfer and the other Founders of FOAC took up this torch, they were mostly fighting for “Shall Issue”, against gun bans, and castle doctrine and stand your ground. Many of their champions in Harrisburg were DEMOCRATS! Hokey Smokes! It is hard to believe that there was a time when gun rights were championed by Democrats.

Well…. It ain’t that way no more!

With that said…. We do have 2 Democrats in the Legislature who have been ARDENT DEFENDERS of Article 2 Section 21:

Representative Frank Burns and Senator Jim Brewster.

Senator Brewster recently announced that he is retiring after this legislative session. We will certainly hate to see him go. I am in Senator Brewster’s district and I will certainly vet everyone who is running (R or D) and vote ONLY for the person who will BEST protect Article 1 Section 21 and the 2A.

When we had a 101-101 split in the PA House, Rep Frank Burns is helped us stave off multiple disasters in the PA House of Representatives. Some bad legislation has passed in the House, but Burns has stood strong.

I respectfully request that every FOAC-Institute member and subscriber to this newsletter drop him a note and thank him for helping us fight off anti-gun legislation. Bet your ass that current Democrat leadership is not happy with Mr. Burns. Pressure from leadership can cause an elected official to turn to the dark side… so far, Frank Burns is standing strong and we need to let him know we appreciate his dedication to protecting the Pennsylvanian’s individual right to keep and bear arms!

Click here to drop him a line!

We must mobilize EVERY GUN ONWER to vote ONLY for candidates that will protect Article 1 Section 21 and the 2A. When the tyrant elected class get rid of the 2nd Amendment they will come for the 1st and ALL the rest. We must be SINGLE ISSUE voters in 2024! If you would like to read more about gun owners and voting check out one of my past blog posts.

Do you want to see how your “elected representatives” are voting on gun related issues? You can see all PA Legislators contact information by clicking here. If you click on a name, you can also see their voting record.

You can also look at their voting record, what they voted for and against. You can also see where they got their money from too (Follow the Money link)… which is often very interesting.

Educate yourself about the candidates and REACH OUT TO THEM. Be an asset to them OR be a pain in the ass. Either way, make sure that they know that YOU KNOW that they are to represent you.

YOUR vote Matters! YOU can make a difference!

An armed and educated citizenry is the TRUE check and balance in our Constitutional Republic and the ultimate homeland security!

Act Accordingly!!

From the Desk of the President (Blog Post):

Our 2nd Amendment Needs Your Help!

By FOAC-Institute President - Jim Stoker

I think we can all agree that life gets frustrating at times.  We all have our ups and downs, and we all have adversity that sometimes we ask for, and sometimes we do not.  I’ve heard the age-old sayings that “what doesn’t kill us makes us stronger” or “God only gives us what we can handle.”  Those are great to pacify the mind maybe when things seem to be going awry…  But what about the things we know we SHOULD be able to change, and it’s just not working? 

There are over 1.2 million concealed carry holders in Pennsylvania.  We have reportedly over 850,000 hunters here in Pennsylvania.  Now, granted, many of us may fit both roles and count in both totals, but even so, why do we lose elections?

To finish reading this blog post CLICK HERE.

PA Supreme Court to Hear Firearm Background Check (PICs) Delay Case

Originally Posted on Prince Law Blog February 22, 2024 by Joshua Prince, Esq.

Yesterday, the PA Supreme Court issued an Order directing that oral argument be scheduled in Firearm Owners Against Crime – Institute for Legal, Legislative and Educational Action (FOAC-ILLEA), et al. v. PSP Commissioner Paris, which involves the substantial delays with the Pennsylvania Instant Check System (PICS) in performing background checks, which miraculously went away after Commonwealth Court Judge Patricia McCullough issued a preliminary injunction, and then re-occurred, when three other judges on the Commonwealth Court dissolved the injunction and dismissed the case.

As the PA Supreme Court directed, the issues to be addressed by the Parties:

  1. Whether the Commonwealth Court, in relation to its March 6, 2023 Opinion
    and Order, abused its discretion, committed [an] error of law, or violated the
    constitutional rights of Appellants, when in partially granting the
    Commissioner’s preliminary objections:
    • a. It held that injunctive relief is barred by sovereign immunity, which is
      directly contrary to this Court’s prior holding in [Allegheny County v.
      Commonwealth, 490 A.2d 402, 414 (Pa. 1985)] and which the court
      failed to address;
    • b. It held that the [Pennsylvania State Police’s] duty of timeliness under the
      Uniform Firearms Act is not sufficiently defined as to be eligible for
      mandamus relief, and is discretionary, not mandatory, even though the
      court declared that “[i]t is thus clear that the General Assembly intended that background checks and their results be communicated to requesters as efficiently and promptly as reasonably possible”; and,
    • c. It held that declaratory relief is unavailable in the absence of specific statutory staffing and funding mandates[?]
  2. Whether the Commonwealth Court, in relation to its April 4, 2023 Memorandum and Order, abused its discretion, committed [an] error of law or violated the constitutional rights of Appellants, when it granted the Commissioner’s request and vacated/dissolved the preliminary injunction[?]
  3. Whether the Commonwealth Court, in relation to its April 4, 2023 Memorandum and Order, abused its discretion, committed [an] error of law, or violated the constitutional rights of Appellants, when it denied Appellants the ability to file an Amended Petition for Review[?]

As of today, argument has not yet been scheduled; however, it is likely to be scheduled either during the Court’ May or November argument sessions in Harrisburg.

If your constitutional rights have been infringed upon by the Commonwealth or agency thereof, contact FICG today to discuss YOUR options!

From the Desk of the VP (Blog Post):

Why I Am Anti-Mandatory Training. 

By FOAC-Institute VP - Klint Macro

Many are surprised at my stance on mandatory training when they learn what I do for a living. I have been getting paid to train students and instructors alike for over a decade and I consult “for profit” training businesses to help them grow their companies by offering more “for profit” training opportunities.

Amendment II: A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The government has no right to dictate to you what tool you “keep and bear”. The government also has no right to dictate to you how you go about being “well regulated”.

“Well regulated” means trained.

To finish reading this blog post CLICK HERE

PA Supreme Court Issues Political, Non-Judicial, Decision Regarding the Second Amendment

Originally posted on the Prince Law Blog  February 22, 2024 by Joshua Prince, Esq.

Yesterday, the Pennsylvania Supreme Court issued a clearly political, non-judicial, 64 page decision, written by Justice Dougherty and joined by Chief Justice Todd and Justice Wecht, in Barris v. Stroud Township, holding that the Second Amendment does not protect the discharge of firearms on one’s own shooting range. In fact, reflecting the overall disdain the Court has for the U.S. Supreme Court’s holding in Bruen v. New York State Rifle Pistol Association and the overtly political nature of the decision, the Court declared that “[o]ur Nation is gripped by a level of deadly gun violence our founders never could have conceived, and, respectfully, some of the [U.S. Supreme} Court’s actions in recent years have done little to quell the legitimate fears of “the people,” as though the courts have the power to simply eviscerate or otherwise redefine constitutional rights, contrary to the intent of those who enacted them. With such a mindset on our highest state court, why even have an amendment process? We should just leave it up to the Kings and Queens of the judiciary to redefine our

rights, as the wind blows. But such is what we’ve come to expect from our judiciary at all levels, even though, when campaigning under a political party platform, they espouse that they will be independent and non-political…But I digress

Perhaps reflecting the political nature even more, although the Court mentioned the Third Circuit Court of Appeals decision in Drummond v. Robinson Twp., where the court held that several township zoning ordinances that restricted where citizens could purchase and practice with firearms was violative of the Second Amendment, the Court nevertheless found, directly contrary to Drummond, that the Second Amendment does not protect the discharge of firearms on a shooting range. And then, there were other comments made by the Court including

Although it’s a bit like shooting at a moving target because the number seems to grow each day, already, well over “two dozen . . . rulings [have] concluded that Bruen’s test invalidates state or federal laws under the Second Amendment.”

As though, God forbid, our Constitutional Right invalidate unconstitutional laws… And then there’s the Court’s reference to the Bruen test as a “harsh ‘history-and-tradition’ test”, because the Court are required to interpret it as the People, around the time of enactment, understood it. And if you need anything to emphasize even more the political nature of the decision, the PA Supreme Court has consistently, and just as recent as a couple weeks ago in Allegheny Reprod. Health Ctr. v. Pennsylvania Dep’t of Human Servs., 26 MAP 2021 (Pa. Jan. 29, 2024), agreed that constitutional rights “must be interpreted in its popular sense, as understood by the people when they voted on its adoption.” League of Women Voters v. Commonwealth, 178 A.3d 737, 802 (Pa. 2018).

And then, there is the swipe the Court takes at the amicus brief that Chief Counsel Joshua Prince submitted on behalf of Allegheny County Sportsmen’s League, the Beaver County Sportsmen’s Conservation League, Firearms Owners Against Crime – Institute for Legal, Legislative, and Educational Action, Unified Sportsmen of PA, and USCCA Legal Defense Foundation, declaring that it “it improperly invites us to consider an array of issues that are not before us in this appeal,” even though, as addressed in the amicus brief, the PA Supreme Court’s own legion of precedent holds that it may affirm, including appellate courts, on any groundsSeeFriends of Pennsylvania Leadership Charter Sch. v. Chester Cnty. Bd. of Assessment Appeals, 627 Pa. 446, 461 (2014); Mazer v. Williams Brothers Co., 461 Pa. 587, 594 n.6 (1975); Bearoff v. Bearoff Bros., Inc., 458 Pa. 494 (1974); Gilbert v. Korvette’s, Inc., 457 Pa. 602, 604 n.5 (1974); Sherwood v. Elgart, 383 Pa. 110 (1955). Apparently, and quite telling, the Court did not want to address that Stroud Township’s ordinance is violative of our state firearm preemption statute, i.e. 18 Pa.C.S 6120, Article I, Section 26 of the Pennsylvania Constitution, and the vagueness doctrine and rule of lenity. Anyone care to take a guess why? Apparently, justice no longer matters to our Court. Or, as a close friend says, we no longer have justice system, we just have “just is system.”

Of course, as the Court is quick to point out at several points in the lengthy decision, Barris’ counsel was not the most adept, including stating that his arguments “are puzzling,” as he “argues both Heller and Bruen ‘are self-limiting in scope’ insofar as ‘[n]either speak to Second Amendment concerns considered subsidiary or corollary in nature’” and his concession that “training [inclusive of shooting at a range] is not covered by the Second Amendment’s plain text.” The Court also declared that if the the Township’s and Office of Attorney General’s contention that a challenger bears the burden at the first step, “Barris’s claim would likely fail right off the bat because he no longer argues his conduct implicates his right “to keep and bear arms” and, moreover, he freely admits “[n]o Second Amendment ‘text’ references firearm training.”

As some of you may be wondering, what about the other three justices who were on the Court at the time this case was argued. Unfortunately, as now-Justice Brobson heard the case when it was before the Commonwealth Court, he recused himself. Justice Donohue issued a concurring and dissenting opinion, where she concurred with the outcome, but dissented from the Court’s application of Bruen, as she felt Barris’ conduct of shooting on his own range was not protected by the plain text of the Second Amendment. And then there was the eloquent dissenting opinion by Justice Mundy (which I believe Justice Brobson would have joined, if he hadn’t recused himself).

Where does this leave us? It is time that We The People take back our judiciary and let it be known that will no longer stand for these political, non-judicial, decisions. In that vein, Justices Dougherty, Wecht, and Donohue will be up for a retention vote in November 2025, where We The People can vote them out of office. It is time that we start telling all of our family, friends and neighbors about the retention vote next year. It must become a dinner-table topic, so that everyone know what all is on the line, as our Republic cannot survive with politically activist judges on our courts.

If you or someone you know has been the victim of an unlawful municipal firearm or ammunition regulation or ordinance, contact FICG today to discuss your options.

Church Shooting!

Originally posted in Quips by John Farnum on Feb 13, 2024 at 11:41 PM

Church shooting:

Two days ago, on “Superbowl Sunday,” a woman entered the enormous Lakewood Church in Houston, TX.

This is a regularly-televised “megachurch,” presided-over by smiling televangelist, Joel Osteen

The woman was wearing a long trenchcoat (which concealed an M4) and was escorted by her seven-year-old son.

Her suspicious demeanor and trenchcoat immediately attracted the attention of armed church security personnel (mostly off-watch police officers, who are also members of the church)

They didn’t have long to wait!

The woman precipitously discharged her weapon at least once and was immediately engaged, via gunfire, by pistol-armed security personnel.

Unclear as to what direction her weapon was pointed. Her motive is even less clear.

In any event, suspect was DRT

One innocent church parishioner suffered a superficial gunshot injury. He was treated and released.

The suspect’s young son suffered a gunshot injury to his head and is still in critical condition at a local hospital.

The church was crowded (typical for Sunday services), and many more could have been injured were it not for speedy and decisive action on the part of armed security officers who were present, alert, and who moved quickly.

Suspect was a Palestinian sympathizer with a history of mental illness. Her ex-husband’s family was

associated with the church, and I’m sure there is more to the story!

Lessons:

1) Churches, like bars, are magnets for miserable, unstable, desperate, drunken, dangerous people, who show-up for all kinds of reasons!

Of course, I’m not talking about the vast majority of church-goers! I attend a local church, and fellow parishioners, my friends, all very good people.

However, in our modern era, violent Islamists have demonstrated as much love for Christians as they historically have for Jews!

In addition, domestic/family disputes often overflow, violently, during church services.

2) Megachurches are the most controversial, the most flamboyant, and hence the most dangerous. Megachurches need an elaborate, well-trained, well-armed, professional security team, as we see!

Small, local churches (the kind I attend), maybe not so much, but the need is still there.

Synagogues, no matter the size nor profile, need competent, continuous security!

3) Of course, far be it from me to so much as suggest what church you ought to attend, if any!

But, the fact is that staying home on Sunday (or Saturday) is still a lot safer than going to any kind of church/religious service. Many of us go anyway, of course, but when we do we must exercise the same high level of alertness/preparedness that we would if we were going to a rock concert, or a tavern.

Churches themselves, no matter the size, need to implement reasonable security measures.

Of course, life is not just about “staying safe!” Risk attaches to every human activity.

Yet, let us not be foolishly naive about real (and increasing) personal risks that attach to all political, as well as religious, activities in 2024.

Christians and Jews have few friends (and getting fewer), in government and in the world at large!

“When the highest aim of a captain is to keep his ship and crew safe, he would never leave port.

 But of course, that’s not what ships are for” -Thomas Aquinas

Out and About with FOAC-Institute

Articles to Check Out

Finland Promotes National Security By Building Ranges and Encouraging Armed Citizens

Gun Control is Racist- YouTube Video

Louisiana Governor Declares Emergency Over Shortage of Cops As Lawmakers Eye Constitutional Carry

Study Finds Fed Funding for Gun Studies Creates More Studies

Klint Macro Delivers Seminar on Being One’s ‘Own Family First Responder’ at NRA GAOS ‘24

ATF ‘Zero-Tolerance’ Revocations Continue at Blistering Pace

Pennsylvania Teen Could Face Charges After Playing With Toy Gun During Online Class

Democrats Capture Majority in Pennsylvania’s House After Special Election

Democrat AGs Argue Young Adults Have No Right to Carry

Purdue Professor Says Research Shows Benefits of Armed Citizens

FOAC-Institute Events

FOAC-Institute 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-Institute events and meetings, CLICK HERE.

The Harrisburg 2A Rally is Tuesday APRIL 30th!

Put in for your PTO now!

YOUR RIGHTS are worth taking a day off work!

Join us in Harrisburg for the 2024 2A Rally on Tuesday, April 30th, 2024.

There will be plenty of speakers, voter registration tables, and prizes. We also will break up into legislative action groups after the rally to visit elected officials. We need gun owners from across the Commonwealth to join us at the Capital. START PLANNING NOW!!!! We will provide more information as we get closer to the date.

THE “82 Days After Christmas Gun Bash Tickets are

On Sale NOW!

We are calling the Spring 2024 bash the “82 Days After Christmas” Gun Bash! The bash will be held at the Washington County Fair Grounds on Saturday March 16th, 2024.

The semi-annual FOAC-Institute Gun Bash is our main fundraising event, and we have the best bash tickets in the Commonwealth. It is the best way to celebrate Christmas 82 days into the new year.

We only print 1000 tickets. Get your tickets NOW while they last! You do not need to attend to win a prize off of the main ticket, however we have great food, drink, fellowship and many excellent side raffles, so we encourage everyone to attend.

Get your ticket today by CLICKING HERE!

In Closing

Have you noticed lately that attachments are not working like normal in your emails? Wonder why ATT Phones were not working for almost a whole day? Notice some emails bounce and others do not? Did you know recently Google and Yahoo changed the rules on how emails are transmitted? Now, I am not suggesting that we all put on the foil hats and keep our cell phones in the microwave…. At least yet. However, I am old enough to recognize patterns.

Cooperate censorship IS a thing. A few years ago, folks who had Verizon email addresses (and a few other popular domains) were not getting our FOAC emails. They bounced like a pinky ball. Interestingly enough, after (then President) Kim Stolfer explored ways to resolve the issue, our Lawyer, Josh Prince wrote a letter and suddenly the problem magically remedied itself. Go figure!

We know for SURE that firearm related businesses EVEN TRAINING COMPANIES and INSTRUCTORS are shadow banned and censored on social media.

I know how many “friends” I have on FB. If I post something about my music business I get more “likes” faster than something I post about my training business. EVEN THOUGH these days, I have exponentially more “gun friends” than “Guitar friends”.

Math is everywhere!

The tech companies say that anti-spam AI catches countless numbers of “dangerous” emails daily. This is certainly true. But this begs the question:

What exactly is “dangerous”?

Do you think an anti-gun company might be finding transmissions using Artificial Intelligence that include words like gun, firearm, Constitution, 2A, ammunition, concealed carry, etc… and stop them from getting where they are going under the guise of “Safety”? I don’t have proof but I would be willing to bet a $h!+ ton of money on it.

When you are sighting in your rifle, you need to shoot a few times on the target to see a pattern of behavior before you make an adjustment to the sights. Pay attention to your social media posts and email transmissions.

See the patterns.

We are in an election year. This stuff is gonna get worse. Have a plan and a response in place. We will likely have to do more old school analog low-tech work as we work to get our fellow gun owners to the polls in the primary and general election cycles. GET OUT AND MEET PEOPLE… sermon on the mount style!

If we EACH do something, together, we ALL can achieve everything!

Stay Armed and BE Well Regulated!

Yours In Liberty,

Klint Macro

FOAC-Institute VP

FOAC-Institute 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-Institute’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-Institute 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-Institute 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-Institute. Share this newsletter and the website with your sphere of influence. Get a fellow gun owner to join FOAC-Institute.

Sign up for membership HERE.

Contact your Legislators HERE.

Read previous newsletters HERE.

The FOAC-Institute 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-Institute 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. 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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