Firearms Owners Against Crime

Institute for Legal, Legislative and Educational Action

FOAC-ILLEA Newsletter - November 20, 2023 :: 11/20/2023

Firearms Owners Against Crime Institute for Legal, Legislative, and Educational Action IS Pennsylvania’s preeminent pro-gun / anti-crime organization. We are dedicated to educating Pennsylvanians and elected officials about rights, the laws, and legislation. We hold elected officials accountable to honor their oath to obey, uphold and protect the Pennsylvania and US Constitution, chiefly Article 1 Section 21 and the 2nd Amendment. In the past when elected officials and appointed bureaucrats fail to obey, uphold and protect the Constitution(s) and violate the individual rights of Pennsylvanians, we hold them accountable in the courts.

We do a LOT. Hence… we have a big name.

Also, FOAC split int 2 SEPARATE organizations a few years ago. FOAC-PAC (Political Action Committee) is a completely separate and independent organization. So, the name FOAC-ILLEA helps to identify us as a different organization than PAC. Hence… the specific name.

For the sake of brevity and simplicity, it has been decided that moving forward we are going to “go by” FOAC Institute. Consider it similar to a person named Benjamin referring to himself as Ben.

Although our proper name IS Firearms Owners Against Crime Institute for Legal, Legislative, and Educational Action, our friends can call us FOAC Institute!

If Patriots Have No Hope, Then There is No Hope

By Stephen LaSpina, FOAC-Institute Board Member

Proverbs 23:7 says, “As a man thinketh, so he is.”

I was recently helping to staff a FOAC-ILLEA booth at a freedom festival. Many people stopped to find out what our booth was about. When we explained the advocacy work we do in the political arena, it was amazing to see the different responses.

Perhaps the most concerning reaction was an attitude that our political defeat was inevitable, not just in the next election, but in a total and final sense where we lose our freedoms. One man told me, “There is no hope. You are wasting your time. Politicians don’t listen to us.”

I explained that we had a process in place called “elections” where we could hire or fire elected officials, but he wanted to hear none of it. He had bad experiences before with political activism, and he had already decided things were hopeless. He was adamant that he would not be involved.

I attempted to explain that we actually have relationships with many representatives in Harrisburg, but he would barely let me complete a sentence.

After some attempt like this at a back and forth, I finally concluded, “Well, I hope there are enough of us willing to act to make up for the inaction of people like you.” He shook his head and walked away. Keep in mind, we were at a FREEDOM FESTIVAL.

The attitude of this man is all too common. Now, to be fair, politics IS often a very hard endeavor. There are many ups and downs. There are times where it easy to feel defeated, tune out, find other things to care about, or decide it is someone else’s problem.

But we all agree this thing called America is not heading in a good direction. A recent survey found that 78% of Americans believe the country is headed in the wrong direction. Yet our government “of the people” seemingly can’t be bothered to get off our collective behinds to do anything about it.

Now the elites and ruling class want us to feel powerless. After all, it is much easier to tyrannize people who have forgotten their precious inheritance of self-governance. Nothing would threaten the political establishment more than people awakening to that realization.

But if patriots have no hope, then there is no hope. We need numbers. We need people to take a stand and get involved. This will be to varying degrees for each of us, but get involved we each must, or this thing called America will be a failed experiment at some point in time.

The good news? That fate is preventable. If we decide to not lose heart, if we do not give up hope, if we refuse to believe that all is lost, we have a chance to reverse course. The promise of America may be reignited once more.

What are we prepared to do? Each of us is given one life to live. How shall we spend it? We have inherited great freedoms as Americans. Let us not squander that privilege. Future generations, comprised of our own children and grandchildren, are counting on us to have hope, and to act on it. Let’s not let them down.

America Asks: Why Won’t They Enforce Existing Gun Laws?

Published on November 2, 2023 on Freedoms Lodge by Mo Rockwell

For almost every mass shooting, there’s a law that would have prevented it if it had been enforced.

In the wake of the Lewiston massacre, the usual suspects are once again joyously dancing in the blood and demanding more gun control laws. This isn’t a mistake of some sort; this is their standard operating procedure. The point is to take advantage of voters’ emotional response to a tragedy in order to pass laws that would not have stopped a particular shooter … while ignoring existing gun laws that would have. Fact is, America already has a hearty set of federal and state gun laws; it’s just that prosecutors routinely refuse to enforce them.

Why? Well, that’s a very good question that nobody on the anti-gun side of the aisle seems to want to answer … but that doesn’t mean we’re not going to stop asking. The Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) has the data!

A new Rasmussen survey conducted in the aftermath of the Maine mass shooting substantiates what the Citizens Committee for the Right to Keep and Bear Arms has said for years: Americans think enforcement of existing gun laws would do more to prevent gun-related violence than passing new laws.

According to Rasmussen, 57 percent of voters say stricter enforcement of existing gun control laws would be more effective, while 30 percent believe passing new laws would do more. The veteran polling firm also found that 71 percent of Republicans and 58 percent of Independents favor stricter enforcement of current laws, while only 43 percent of Democrats concur, showing a marked philosophical difference between political affiliations.

“Rasmussen did this survey after the Maine tragedy,” noted CCRKBA Chairman Alan Gottlieb, “so it was definitely on everyone’s mind when they responded to the survey. We’ve maintained for decades that if existing gun laws were enforced, we wouldn’t need a constant stream of new laws, with additional restrictions on law-abiding citizens, which have really not prevented such events, as gun control proponents invariably promise when they push their latest schemes.

“As further evidence of a fundamental partisan disconnect in this country,” he continued, “Rasmussen also found that 44 percent of Democrats think it is possible to completely prevent mass shootings, but that opinion is shared by only 21 percent of Republicans and 19 percent of Independent voters. On the other hand, 66 percent of GOP voters and 63 percent of Independents say it’s not possible, while 41 percent of Democrats acknowledge it likely is not possible.”

CCRKBA is the recognized “common sense gun lobby” organization, and Gottlieb said this new Rassmussen survey shows the majority of American voters “concur with our long-standing position on these matters.”

“Passing a new, feel-good law only creates the illusion something has been done,” Gottlieb said. “In reality, such knee-jerk legislation accomplishes nothing and sets the public up for more horror when another incident occurs, after which anti-gun politicians repeat the process, fooling their constituents all over again while steadily eroding the Second Amendment and perpetuating a problem they know their policies can’t solve.”

Recent FOAC Institute White Papers penned by President Jim Stoker

Jim Stoker has been hard at work authoring new white papers. Click on the links below to read the complete documents.

OPPOSE HB 1629 - Protecting Children from Accidental Firearm Injuries and Deaths

Should be more appropriately named Mandatory Storage Under the Guise of Protecting

Children. Negligible if any impact on suicide or accidental discharges, increases in violent

crime, costs lives opposed to saving lives, and duplication of legislation.

In summary, the opposition to Mandatory Storage Laws is based upon:

  • Historically proven to have an insignificant impact on teenage suicide, some age groups had numbers increase after these laws went into effect.
  • Statistics show a significant increase in crime, including hundreds of murders, thousands of rapes, tens of thousands of robberies and aggravated assaults, within the first five years of these laws going into effect in fifteen states.
  • Even extremely conservative figures show one hundred thousand, with the potential for up to three million, defensive gun uses in the United States per year. How many will be unable to defend themselves due to government interference and should the government be liable for their deaths or loss?
  • Constitutional protections against search and seizure putting citizens and law enforcement officers at elevated risk.
  • Unlawful government intrusion.
  • A clear violation of the Constitution of Pennsylvania, Article I, Section 21.
  • A clear violation of the United States Constitution, 2nd Amendment.

For the reasons above and more, mandatory storage laws even under the guise of “protecting children,” are an unacceptable infringement upon the law-abiding citizens of this Commonwealth. 

OPPOSE HB 941 – Joint Parental Liability for a Minor’s Actions Committed with a Firearm

Civil and criminal liability for parents of minors who commit crimes with firearms.

In summary, the opposition to Parental Liability Law is based upon:

  • Language is far too broad.
  • No defining period of responsibility relative to the criminal behavior.
  • Removes or reduces accountability of the individual for their actions, shifting blame from the actual perpetrator of an offense to parent or guardian regardless of the efforts of parent or guardian.
  • Current statutes already hold parents or guardians accountable both criminally and civilly based upon a review of each case and determination by law enforcement and/or district attorneys and their powers of discretion.
  • Creates a guilty until proven innocent culture within our judicial system.
  • Vilifies the tool used in a crime rather than the criminal act and responsibility of the actor.
  • Where does the line of culpability for criminal acts committed by another stop?

For the reasons above and more, FOAC Institute believes that HB 941 – Joint Parental Liability for a Minor’s Actions Committed with a Firearm is an unacceptable infringement upon the law-abiding citizens of this Commonwealth.

Here are 8 Stubborn Facts on “Gun Violence” in America

The Heritage Foundation published a document called Here are 8 Stubborn Facts on “Gun Violence” in America.

Although FOAC-Institute completely disagrees with The Heritage Foundations stance on the Article V Constitutional Convention (we vehemently oppose an Article V Constitutional Convention they do not), we do agree with their assessment of the disinformation and governmental overreach associated with the gun control lobby and gun grabbing politicians.

This PDF is a good resource for you to strengthen your arguments when you are educating your friends and family about the truth.

Israel Tops 20 Years Worth of Gun Permits in a Month

Originally published by NSSF on Nov 17th, 2023

Israeli authorities witnessed a surge in requests for new gun permits, according to media reports. The Times of Israel reported that more than 236,000 new firearm permit requests were filed since the Oct. 7, Hamas terrorist attacks. That’s roughly the same total number as were requested in the past 20 years combined, with at least 31,000 granted and upwards of 1,700 being issued per day. By comparison, in 2021, just 42 permits were issued per day on average. Israel’s National Security Minister Itamar Ben-Gvir sped up firearm ownership license approvals and the distribution of thousands of American-supplied Modern Sporting Rifles (MSRs) to Israeli citizens to protect communities from future attacks. Jewish Americans are also turning out in large numbers at firearm retailers across the country to buy firearms and receive education and training to protect themselves from escalated threats of violence.

Jewish Americans Buying Guns, Getting Trained

Originally published by NSSF on Nov 9th, 2023

CNN is reporting on the ongoing surge of Jewish Americans in California going to local firearm retailers to buy a firearm, get educated and receive training. Similar reports have become common across the country, especially since the Oct. 7 Hamas terrorist attacks in Israel. Dani, who is Jewish and a granddaughter to Holocaust survivors on both sides of her family, organized an outing for friends go to a local shooting range together for their first experience handling firearms. “Now more than ever with the rise in antisemitism, I feel we have a responsibility as Jews to speak up and speak out, and also know how to protect ourselves because the reality is people don’t seem to want us around, and it’s hard,” Dani told CNN. In Florida, Gene Petrino, a retired SWAT commander and co-owner of Survival Response LLC in Coral Springs, Fla., said he’s gotten roughly 15 to 20 Jewish people per week seeking training since the war broke out. A rise in American Jewish gun ownership could come with a noticeable shift for a group that is historically liberal and a majority of which are registered Democrats, the report states. “I’m definitely finding that to be the case with the Jewish community right now. They’re making sure they have what’s practical, what’s needed based on their own set of circumstances. They’re very pragmatic in (how) they’re going about this,” Petrino said.

Joe Biden on Disarming “The People”… At Least He is Consistent… or is he???

When one looks at Joe Biden’s polices, listens to his words, and reads his executive orders, you can’t help but believe that he thinks it is ONLY “the government” that should be armed.

Joe Biden's wish list for civilian disarmament contains items such as:

  • AR-15 Bans (and whatever else could be classified as “assault weapon”bans) and magazine bans
  • Government mandated firearm storage requirements (standardizing how people store guns therefore making it easier to confiscate them)
  • Universal background checks (registration scheme)
  • Holding firearm manufacturers accountable for the actions of criminals
  • Outlawing our American gun building traditions
  • Using law enforcement to enforce gun control laws/edicts (and ultimate confiscation of defensive property)
  • Expanding red flag laws (to confiscate defensive property)

Even though MILLIONS of Americans freely exercise their 2nd Amendment Rights and over 1000 Americans EACH DAY righteously use firearms to protect themselves and those that they love from criminals, Joe Biden is still hell bent on disarming “The People”. EVEN the CDC admits that there are between 500k and 3 million righteous defensive firearm usages per year. For the sake of argument let’s take the low side of that estimation, 500,000. Now let’s divide that by 365. That is (on average) 1369 per day. Why does Joe Biden want to restrict or abolish our ability to protect ourselves?

Why?

In the winter of 1777-1778 at Valley Forge, George Washington tasked Baron Von Steuben with training the troops. I believe that modern historians have been unfair to our Colonial Army by calling it “Rag Tag”. I believe it is fair to say that the Colonial Army as a whole was inconsistently trained. General Washington knew this too, and that is WHY he asked Von Steuben to train his troops in the “essentails”.

Baron Von Steuben was a colorful man. He was “snooty”, somewhat elitist but supremely dedicated to the cause of American Independence.

Baron Von Steuben once said, (I am paraphrasing here), Europeans will do what I tell them and these Americans always what to know WHY!

WHY?

This is a uniquely American thing!

Why?

I am proud of this American trait and I strive to exhibit it daily!

TELL ME WHY… or I will throw the “Bullshit Card”!

Why would a leader seek to deprive those that he leads the ability to protect themselves from others that wish to harm them? That sounds less like leadership and more like tyrannical control.

My Grandpap once said, “A groundhog smells his own hole first”.

I am sure you can imagine the context of that original statement, but I truly believe it applies to Joe Biden.

Why would someone want to strip “The People” of their ability to defend themselves? UNLESS perhaps THAT PERSON wants to ultimately inflict some type of harm on those that he actively disarms? That question remains to be answered here in the United States….

However….

Why is Joe Biden against the arming if Israeli civilians who are currently under attack from Hamas?

The Israeli government desperately requested that the US send thousands of rifles to help defend against the terrorist attacks of Hamas. YET…  Biden refused their request because the Israeli Government intent to arm Israeli civilians. Based upon the actions of Joe Biden, one might deduce that he is hell bent on empowering “Government” but not “The People” whom government governs. Or… maybe he isn’t really a friend of the State of Israel.

At least he is consistent... or is he???

I smell bullshit!

What about Ukraine? Why is Joe sending Ukraine BILLIONS of dollars of U.S. help and small arms?

Why is Joe Biden keen to help “The People” of Ukraine defend themselves against the attacks of Russia, but he is NOT so keen to help “The People” of Israel defend themselves against Hamas? Why is Joe Biden NOT so keen to help ‘The People” of the United States to defend themselves against the acts of criminals?

Interestingly, Vladimir Zelenskyy is suspending elections in his country… stifling “The Peoples” ability to vote in order to protect “democracy” YET, Biden is certainly KEEN to continue to empower Zelenskyy. That sounds less like leadership and more like tyrannical control.

Who is Joe Biden protecting?

Who is Joe Biden empowering?

Who is Joe Biden supporting?

I can say it ain’t me. It ain’t the people of Israel. It ain’t the Jews of the United States of America. It ain’t the unborn. It ain’t the self-sufficient. It ain’t “The People” that freely exercise their individual rights and liberties?

Does Joe Biden support you?

Does Joe Biden’s administration support you?

Does the U.S. Legislature support you?

Does the PA House support you?

This is what you need to ask yourself EVERY day. If the answer is “NO” what are you doing about it? If you recognize that your government is working against you… WHY are you not doing anything about it?

WHY?

Why do many Jewish Americans (and according to the 2020 election results, 81,283,501 voting Americans) support elected officials that work tirelessly to subjugate them?

WHY?

ALL Pennsylvanians, Americans, and all free people of the World are entitled to the free exercise of the right to defend themselves and those that they love from tyrants AND criminals!

It is HIGH TIME we stop supporting those who overtly work to disarm and control us!

2A Victory: Federal Appeals Court Strikes Down Biden ATF 'Ghost Gun' Limits - Rules Agencies Cannot 'Write Laws'

Originally published by The Western Journal on Nov. 10, 2023 by Jack Davis

A federal appeals court on Thursday shot holes in a rule imposed by the Bureau of Alcohol, Tobacco, Firearms and Explosives intended to crack down on so-called “ghost guns.”

A three-judge panel of the 5th U.S. Circuit Court of Appeals said a 2022 rule aimed at weapons that could be built from parts bought online without a background check exceeded the agency’s authority.

All three judges on the panel were appointed by former President Donald Trump, according to Reuters.

Cody Wisniewski, a lawyer for the Firearms Policy Coalition Action Foundation, said the ruling was a “massive victory against ATF and a huge blow to the Biden administration’s gun control agenda.”

The rule redefined the legal meaning of “firearm,” “frame” and “receiver” as written in the Gun Control Act of 1968.

Judge Kurt Engelhardt wrote in the decision that “law-making power—the ability to transform policy into real-world obligations—lies solely with the legislative branch.”

“Where an executive agency engages in what is, for all intents and purposes, ‘law-making,’ the legislature is deprived of its primary function under our Constitution, and our citizens are robbed of their right to fair representation in government. This is especially true when the executive rule-turned-law criminalizes conduct without the say of the people who are subject to its penalties,” he wrote.

Engelhardt said the rule does what the ATF might want Congress to do, but has not done.

“The agency rule at issue here flouts clear statutory text and exceeds the legislatively-imposed limits on agency authority in the name of public policy,” he wrote.

He wrote that ATF “attempted to take on the mantle of Congress to ‘do something’ with respect to gun control. But it is not the province of an executive agency to write laws for our nation.

“An agency cannot label conduct lawful one day and felonious the next—yet that is exactly what ATF accomplishes through its Final Rule,” he wrote.

In a concurring opinion, Judge Andrew Oldham fired a magazine of zingers at the ATF.

“ATF’s overarching goal in the Final Rule is to replace a clear, bright-line rule with a vague, indeterminate, multi-factor balancing test. ATF’s rationale: The new uncertainty will act like a Sword of Damocles hanging over the heads of American gun owners,” Oldham wrote, referring to an ancient tale of a deadly blade suspended by a single strand of horsehair.

“Private gunmaking is steeped in history and tradition, dating back to long before the Founding. Millions of law-abiding Americans work on gun frames and receivers every year. In those pursuits, law-abiding Americans (and the law-abiding gun companies that serve them) rely on longstanding regulatory certainty to avoid falling afoul of federal gun laws,” he wrote.

“But if ATF can destroy that certainty, it hopes law-abiding Americans will abandon tradition rather than risk the ruinous felony prosecutions that come with violating the new, nebulous, impossible-to-predict Final Rule,” he wrote.

The ATF rule, he wrote, “is limitless. It purports to regulate any piece of metal or plastic that has been machined beyond its primordial state for fear that it might one day be turned into a gun, a gun frame, or a gun receiver. And it doesn’t stop regulating the metal or plastic until it’s melted back down to ooze. The GCA allows none of this. I concur in the majority’s opinion holding the Final Rule is unlawful,” he wrote.

Despite the ruling, the rule is likely to remain in place, at least for a while.

As noted by The Hill, the Supreme Court has left the rule in place throughout the court battles around it, and is likely to do the same now as the Justice Department moves to appeal the latest ruling to the Supreme Court.

Quote:

“Though I bequeath you no estate, I leave you in the enjoyment of liberty.”

-William Bradford

More Articles and Videos to Check Out!

Judge Nixes Lifetime Gun Ban for Non-Violent Misdemeanor Offense (Atta Boy Josh Prince!!)

The Companies That Want to Disarm You - YouTube

House Dems Hold Roundtable on 'Nationwide Gun Emergency'

Putting Some Permitless Carry Fearmongering to Rest

How ATF's Pistol Brace Rule Just Died - YouTube

Leaked: The Nashville Manifesto - YouTube

The Pew Pew Jew Joins Laura Ingraham

FOAC-ILLEA 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.

2024 Great American Outdoor Show

FOAC Institute will have a booth at the 2024 GAOS! We will be in the Shooting Sports Hall at booth #786. We are in a pretty good spot. This is a 9-day event and we need volunteers to man (or woman) the booth EACH DAY.

We will schedule out days and times for folks to work the booth. President Jim Stoker will be there for a number of days TBD, and VP Klint Macro is teaching seminars on the 9th, 10th, and 11th and will be at the booth on those days as well.

If you are willing and available to cover days or a day or part of a day at the FOAC Institute booth PLEASE EMAIL US to let us know!

CLICK HERE to watch the cold bore matchlock video

Closing Thoughts

Many of you will celebrate Thanksgiving with your families this week. Thanksgiving is a time to reflect and give thanks to those in your life. Whether that be your God, your spouse, you children, your co-workers, friends, and family members, let them know you appreciate what they do to help you in your life. Express your thanks and honor them with love and respect.

The pilgrims brought arms with them when they sailed west to the new world. There was no 2nd Amendment then, yet they knew they would need to have the means to protect themselves and feed themselves. The “Saints and Strangers” used matchlocks. Today, matchlocks are not very common. The “gun” technology has changed over the last couple hundred years, but the need to be armed for protection and to harvest food is still the same.

Many of you will go into the woods this week to harvest a deer for food. Be sure to take the time to patronize local business when you are “up in the mountains”. The Saturday opener has made it very hard for the economy of the Northern Tier. Try to do as much business you can when you get to camp and while you are at camp. Honor your harvest but getting a clean shot. Be sure to have all of your orange. Stay warm and let someone know where you are hunting and what time you expect to be home.

Have a wonderful Thanksgiving, and a bountiful harvest in our Penn’s Woods!

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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