Firearms Owners Against Crime

Institute for Legal, Legislative and Educational Action

FOAC Institute Newsletter January 15th, 2024 :: 01/15/2024

15 days into 2024 and the anti-gun establishment in Harrisburg is unloading both barrels at your 2nd Amendment rights. This week the anti-gun leadership is likely going to run MULTIPLE anti-gun / anti-liberty bills in the Pennsylvania House that are designed to limit, restrict and abolish your individual right to keep and bear arms.

The architects of tyranny are actively chipping away at the 2nd Amendment and Article 1 Section 21 of the PA Constitution by attacking your right to protect yourself and those that you love. They are promoting the agenda of the elected class and elites from across the country that espouse that YOU should be dependent on and subservient to the government.

This week’s featured Architects of Tyranny

To see the whole “tyranny team leaders” make note of the bill sponsors listed below. These “elected officials” consistently show their disdain for YOUR rights with their EVERY gun control sponsorship and floor vote.

Below is a list of this week’s onslaught of PA House gun control legislation. The synopses of each bill were written by FOAC-Institute President, Jim Stoker.

HB 335 (Sanchez):

Prohibits the sale and possession of “machine guns” and “accelerated trigger activators”.         

HB 335 serves to further infringe upon the rights of the law-abiding citizen by restricting accessories for modern firearms with legislation that the criminal element of the Commonwealth is going to ignore anyway. The rarity with which these types of devices are used in criminal acts leaves them miniscule at best on the list of problems facing our judicial system and law enforcement efforts nationwide. Criminals that intent on killing care not about a misdemeanor that condemns their criminal weapon of choice. Trigger activators do NOT violate the federal code because they still only produce one discharge of the firearm for each pull of the trigger.  

HB335 Sponsors:

22 sponsors: Ben Sanchez (D); Malcolm Kenyatta (D); Joseph Ciresi (D); Stephen Kinsey (D); Maureen Madden (D); Nancy Guenst (D); Michael Schlossberg (D); Stephen Samuelson (D); Kristine Howard (D); Gregory Vitali (D); Elizabeth Fiedler (D); Joseph Hohenstein (D); Rick Krajewski (D); Michael Sturla (D); Perry Warren (D); Robert Freeman (D); Emily Kinkead (D); Danielle Otten (D); Melissa Shusterman (D); Napoleon Nelson (D); Melissa Cerrato (D); Darisha Parker (D)

HB 336 (Sanchez):

Bans future sales of “assault weapons”.  

HB 336 is an all-out ban on the mythical “assault weapon”. Unfortunately, they define this “gun vilifying term” with features of most modern-day sporting rifles commonly used for competition and self-defense. It is important to remind legislators that the ultimate purpose of Article I, Section 21 of the PA Constitution is not only to provide the citizen the ability to protect themselves from criminals, but also give the citizens the means to overthrow a tyrannical government.

Stripping the citizen of modern sporting firearms removes that potential and is a clear infringement of “shall not be questioned”. Bans like this are being stuck down in federal courts as they directly oppose the 2nd Amendment and Article I, Section 21. It has long been understood in Pennsylvania that it would be treasonous in nature to attempt passage of such a bill, but considering the new political climate, tyrants are emboldened to outright violate the Constitution in plain sight.

HB336 Sponsors:

20 sponsors: Ben Sanchez (D); Aerion Abney (D); Malcolm Kenyatta (D); Joseph Ciresi (D); Jose Giral (D); Maureen Madden (D); Michael Schlossberg (D); Christopher Rabb (D); Gregory Vitali (D); Elizabeth Fiedler (D); Joseph Hohenstein (D); Darisha Parker (D); Michael Sturla (D); Perry Warren (D); Emily Kinkead (D); Danielle Otten (D); Napoleon Nelson (D); Dan Frankel (D); Melissa Cerrato (D); Melissa Shusterman (D)

HB 483 (Solomon):

Amends the Uniform Firearms Act to establish a gun violence task force in certain counties under the authority of the Attorney General. Solomon stole this language from Reps White & Williams (HB 2275 from last session).  

HB 483 is furthering the false agenda that guns are a problem in America. 92% of violent crime has nothing to do with firearms. While violent crime rose 5% (2020), gun related crime dropped 27% (2020). HB483 vilifies the gun and turns a blind eye to the more prevalent violent crime and could influence citizens NOT to arm themselves when it is the only true deterrent to violent criminals. These units tend to bloat statistics furthering anti-gun agendas. Of course, the statistics will show an increase in “gun crime” because you have units dedicated strictly to those crimes, potentially leaving other violent crime unsolved. This money is better spent on enforcing the laws already written and officers already on the job. HB483 is slating funding to pursue 8% of violent crime rather than furthering investigations into ALL violent crime, regardless of the tool the perpetrator chooses to use. Ask yourself, does a rape victim care if they were held hostage by a knife rather than a gun?  

HB483 Sponsors:

15 sponsors: Jared Solomon (D); Joseph Hohenstein (D); Carol Hill-Evans (D); Liz Hanbidge (D); Joshua Siegel (D); Stephen Kinsey (D); Ben Sanchez (D); Maureen Madden (D); Kristine Howard (D); Eddie Pashinski (D); Michael Schlossberg (D); Dan Williams (D); Robert Freeman (D); Ed Neilson (D); Dan Frankel (D)

 HB 777 (Cephas):

Bans the sale of ghost gun parts.  

HB 1190 (Shusterman):

Adds 3D printed firearms to the definition of the term “firearm” in the Crimes Code.  

HB777 and HB1190 attack the private manufacture of firearms, which is and ALWAYS been a fundamental right of the citizens within this Commonwealth and nation. This is something as deeply a part of American history as the Constitution itself. The private manufacture is a Constitutionally guaranteed right as resolved in numerous case law decisions. Even if these bills could be passed in Harrisburg, they would fall to the first challenge in the courts. Many of our key firearm discoveries in our nation’s history come from private manufacture of firearms. FOAC-Institute has published a white paper on private manufacture that provides much greater detail to this topic. If the “big concern” is illegal weapons production in Philadelphia, then we suggest that the Philadelphia DA enforces the laws already on the books and leverage those laws to determine the sources of the illegal firearms being used. New laws won’t fix a lack of enforcement.  

HB777 Sponsors:

39 sponsors: Morgan Cephas (D); Malcolm Kenyatta (D); Maureen Madden (D); Mary Isaacson (D); Stephen Kinsey (D); Christopher Pielli (D); Jose Giral (D); Emily Kinkead (D); Christopher Rabb (D); Dan Williams (D); Joseph Hohenstein (D); Donna Bullock (D); Tarik Khan (D); Elizabeth Fiedler (D); Michael Schlossberg (D); Mandy Steele (D); Joseph Ciresi (D); Benjamin Waxman (D); Lisa Borowski (D); Rick Krajewski (D); Jeanne McNeill (D); Melissa Shusterman (D); Ben Sanchez (D); Perry Warren (D); David Delloso (D); Darisha Parker (D); Michael Sturla (D); John Galloway (D); Patrick Gallagher (D); Peter Schweyer (D); Roni Green (D); Heather Boyd (D); Dan Frankel (D); Gregory Vitali (D); Kristine Howard (D); Danielle Otten (D); Christina Sappey (D); Jennifer O'Mara (D); Mary Jo Daley (D)

HB1190 Sponsors:

28 sponsors: Melissa Shusterman (D); Mary Isaacson (D); Joseph Ciresi (D); Joshua Siegel (D); Tarah Probst (D); Carol Hill-Evans (D); Ben Sanchez (D); Maureen Madden (D); Stephen Kinsey (D); Nancy Guenst (D); Michael Schlossberg (D); Danilo Burgos (D); Stephen Samuelson (D); Liz Hanbidge (D); Dan Williams (D); Elizabeth Fiedler (D); Justin Fleming (D); Michael Sturla (D); Robert Freeman (D); Emily Kinkead (D); Danielle Otten (D); Tarik Khan (D); Dan Frankel (D); Peter Schweyer (D); Lisa Borowski (D); Morgan Cephas (D); Perry Warren (D); Eddie Pashinski (D)

HB 1157 (Scott):

Amends the Uniform Firearms Act to require courts to notify PSP between 72 and 92 hours of a mental health adjudication – accordingly, if a court was ready to share adjudication information with PSP within 60 hours of adjudication, it would be required to wait another 12 hours under the language of this bill.  

Ironically, this bill makes it illegal for a court to notify PSP sooner than 72 hours. On top of that glaring issue, HB 1157 does nothing to address recent federal case law stating that Pennsylvania’s act 302 is NOT an acceptable standard to take someone’s rights to possess firearms away from them. FOAC-Institute attorney Joshua Prince, Esq. has recently won two cases in higher courts where the courts ruled act 302 does not meet the “due process standard” and can NOT remove someone’s right to possess or even carry a concealed firearm. The bill’s mandate does nothing to correct the current infringement and in fact demands PSP expedite the infringement. The entire mental health prohibition issue needs revisited with a better foundation for due process. 

HB1157 Sponsors:

16 sponsors: Gregory Scott (D); Tarah Probst (D); Nancy Guenst (D); Jose Giral (D); Emily Kinkead (D); Ben Sanchez (D); Carol Hill-Evans (D); Darisha Parker (D); Maureen Madden (D); James Haddock (D); Dan Frankel (D); Justin Fleming (D); Danielle Otten (D); Melissa Cerrato (D); Roni Green (D); Tarik Khan (D)  

HB 1859 (Briggs):

Amends the UFA to prohibit persons convicted of attempt, conspiracy, or solicitation to commit certain offenses from owning or possessing a firearm.  

FOAC Institute opposes anything that is not a federal disqualifier from becoming a state disqualifier. There are numerous issues with this bill in that if you look at the offenses currently listed, we could argue the list needs to be reduced, NOT expanded. Anyone in law enforcement can tell you that 2nd degree simple assault is relatively common. Charges such as §2706 Terroristic Threats simply do not belong here. That charge is often stacked on defendants over harassment cases and the like. The addition of any second felony theft offense is also ludicrous. A citizen can be found guilty of felony theft for stealing a pack of gum if they have a history of retail theft. Hardly just cause to lose one’s rights. Obstructing by picketing certainly doesn’t rise to the level of a serious offense. §7611 Unlawful Use of a Computer may sound nefarious, but it is a commonly stacked charge on people who solicit petty crimes or use the internet and mobile devices to harass others or order their low-grade misdemeanor quantities of marijuana.  

And lastly, there is language in this bill that further criminalizes driving under the influence. There has just recently been a finding in the Eastern District of Pennsylvania that in Williams v. Garland, it is unconstitutional to preclude a citizen from exercising the right to bear arms for a driving under the influence conviction. 

HB1859 Sponsors:

14 sponsors: Timothy Briggs (D); Michael Schlossberg (D); Maureen Madden (D); Arvind Venkat (D); Jessica Benham (D); Liz Hanbidge (D); Ben Sanchez (D); Nancy Guenst (D); Joseph Ciresi (D); Joseph Hohenstein (D); Melissa Cerrato (D); Kristine Howard (D); Ed Neilson (D); Dan Frankel (D)

A CALL TO ACTION!

Contact your elected officials and advise them to withdraw their support and/or oppose HB336, HB483, HB777, HB1190, HB1157, and HB1859. Emails are good, but FOAC-Institute recommends that you CALL YOUR REP on TUESDAY, January 16th! CALL THEM AT THEIR LOCAL AND HARRISBURG OFFICES. If you do not reach a “live person” leave a message and be sure to leave your name and address on the message as well. Invest 5-10 minutes of your day to the protection of our right to keep and bear arms!

CLICK HERE TO SEE YOUR LEGISLATOR’S CONTACT INFO

Articles to Check Out!

Gun Rights Face Whirlwind of Federal Action in 2024

FBI: Illegal Aliens Tried Nearly 48,000 Times to Purchase Firearms Over Past 25 Years

NRA Head Wayne LaPierre Resigns

White House 'Solutions' Wouldn't Have Prevented Iowa School Shooting

Civil Disobedience in Illinois As Gun Owners Defy Registration Mandate

Dozens of AGs Urge Ninth Circuit to Uphold Ruling on California Magazine Ban

Federal judge rules it unconstitutional to ban guns from post offices

THE “82 Days After Christmas Gun Bash Tickets are STILL on Sale!

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-ILLEA 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!

FOAC-Institute Website Resources

Click the links below to access website educational resources.

From the Desk of the President by Jim Stoker

What a week (month) it's been!

Crawford v. Commonwealth Supreme Court Argument 09-13-23

Why FOAC-ILLEA is in on the centerfire semi-auto fight...

In response to an email criticizing our stance on semi-automatic centerfire for hunting big game

The Future is in Our Hands

The Importance of the Commonwealth v. Goslin Decision

Welcome to the Desk of the President

           

From the Desk of the VP by Klint Macro

Have Gun Will Travel – Considerations for Traveling With Your Firearm

9-11-01 Never Forget

9-12-01 A Higher Purpose

           

Firearms and Freedom by Stephen LaSpina

New Year's Resolution: Get Formal Firearms Training

5 Safety Tips for the Holiday Season

If Patriots Have No Hope, Then There Is No Hope

New Mexico Governor bans all carry of guns for at least 30 days

Cluster bombs for Ukrainians, but no small arms for Americans

The Myth of "Reasonable Gun Control"

FOAC-Institute Newsletter Archive

State Legislation Talking Points and FOAC Institute White Papers

FOAC-Institute 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.

In Closing

Recently criminals broke into an Allegheny County firearms dealer, stole guns, were ultimately caught and some of the bandits were allowed to go home. This is not a story that is unique to Allegheny County. These kinds of happenings occur across the nation.

This begs the question; Do criminals obey the law?

In this case of Big Bucks Sportsmen’s Store in Wexford, PA, multiple criminals broke into a gun shop and stole guns. OK, so I referred to them as criminals. Well, if you illegally and forcefully enter a building, that is a crime, right? If you obtain firearms or ANY property and purposefully NOT pay for it, that is theft, right? If you obtain a pistol from a dealer in PA without a background check, that is crime, right? These are ALL crimes, right? Who would argue otherwise? Oddly, in this particular case, the perpetrators were all wearing electronic ankle monitors.

Wait a minute… electronic ankle monitors???

YES!

So, this means that these criminals were already criminals before they did their most recent criminal thing.

They broke into the gun shop, stole firearms, stole a car, smashed into a police car, and ran off into the woods WHILE wearing ankle monitors. They did not put the ankle monitors onto their own legs. Surprisingly, 2 of the juveniles involved in the caper were returned to their parents and allowed to go back home.

How does this happen? Perhaps they said they were sorry and gave the guns back?

That is a whole lot of “NOPE”!

According to a WPXI report;

Nine guns were stolen, including rifles and after these arrests, police said they were able to recover about half of them.

So that means that there are 4.5 guns out there somewhere unaccounted for!

I think it is absolutely ludicrous that a news outlet and or police agency would be OK with publishing “about half of them were recovered”. Do they actually know? What journalist would be satisfied with “about half”? It isn’t a pizza we are talking about here, we are talking about stolen firearms.

Another interesting question to ask is why did it take a tip from a local hair salon to find these criminals? Isn’t the point of an ankle monitor to monitor the person that is forced to wear it?

This one example of the systematic failure or calculated manipulation of our criminal justice system.

First, confirmed criminal actors are often able to walk the streets with the blessings of elected officials and judges. Second, news outlets are selective with the accuracy of the data and numbers that they report. Thirdly, the laws that anti-gun / anti-liberty forces reign down upon legal gun owners in this Country, have no effect upon criminals that commit crimes.

Criminals don’t “DO” laws!

The Big Buck’s robbery is a clear example.

  • Universal Background Checks did not stop these criminals.
  • Raising the age to purchase a firearm to 21 did not stop these criminals.
  • Imposing a wait period did not stop these criminals.
  • Mandatory training did not stop these criminals.
  • An “Assault Weapon” ban did not stop these criminals.
  • Mandatory storage did not stop these criminals.
  • A ban on bump stocks, 3D printing, or binary triggers did not stop these criminals.

If one of the 4.5 firearms that are unaccounted for end up being used in a crime, none of the fore mentioned gun control measures will stop that either.

One sure fire thing that could have readily stopped these specific criminals, would have been if the authorities didn’t let them free to commit more crimes after they had been apprehended in the past.

If it were about “safety” and stopping crime, elected officials would enforce the laws that we have rather than stack on countless gun control measures upon the citizenry. Gun control is about control! It is one of the many ways the government is making you less self-sufficient and in turn more dependent upon the government.

Stay Armed and BE Well Regulated!

Yours Most Respectfully,

 

Klint Macro

FOAC-Institute Vice President

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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