Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
As California Philadelphia goes, so goes the country Commonwealth….
We are seeing the backlash and fallout as the “gun-control elected-class” across the Commonwealth take advantage of bad court precedent and the distraction of a circus-like atmosphere due to the federal presidential election cycle.
Tyrants at all levels of government in Pennsylvania are proposing laws, ordinances, and edicts that limit and restrict your individual right to keep and bear arms to protect yourself and those that you love.
One of FOAC-Institute’s missions is education. We educate our fellow Pennsylvanians so that they can be better informed about their rights, and we educate elected officials so that they can be less likely to commit crimes against the citizenry.
A layman’s explanation of PA laws…
Our laws in Pennsylvania are derived from a few sources.
CONSTITUTION(s)
Many of our fundamental individual rights are natural-born, self-evident and God-given. They are not given to us by a man, or a sovereign, or an elected body. Much like the Bill of Rights of the U.S. Constitution, our Pennsylvania Constitution Article 1 restricts the government; any government within the Commonwealth from restricting, abolishing, or questioning the individual rights of Pennsylvanians.
The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.
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 powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
STATUTORY LAW
The idea of a “the People” governing “the People” goes back a long way in antiquity with its roots in far off places like Greece and Rome. We will reference a few examples later in this article under “traditional practices”.
1st Pennsylvania Rifles: Domari Nolo (I will not be subjugated)
Although, we as Americans have since thrown off the yoke of a sovereign, and many of us heed the motto of the 1st Pennsylvania Rifles, the Mayflower Compact is quite simple and what I believe to be the foundation of our government and laws in the United States:
IN THE NAME OF GOD, AMEN. We, whose names are underwritten, the Loyal Subjects of our dread Sovereign Lord King James, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. Having undertaken for the Glory of God, and Advancement of the Christian Faith, and the Honour of our King and Country, a Voyage to plant the first Colony in the northern Parts of Virginia; Do by these Presents, solemnly and mutually, in the Presence of God and one another, covenant and combine ourselves together into a civil Body Politick, for our better Ordering and Preservation, and Furtherance of the Ends aforesaid: And by Virtue hereof do enact, constitute, and frame, such just and equal Laws, Ordinances, Acts, Constitutions, and Officers, from time to time, as shall be thought most meet and convenient for the general Good of the Colony; unto which we promise all due Submission and Obedience.
IN WITNESS whereof we have hereunto subscribed our names at Cape-Cod the eleventh of November, in the Reign of our Sovereign Lord King James, of England, France, and Ireland, the eighteenth, and of Scotland the fifty-fourth, Anno Domini; 1620.
The idea of “the People” electing representatives to propose laws, debate them, vote on them, and make “the law of the land” on behalf of “the People” is the basis of our Constitutional Republic and how statutory laws come about. “The People” all agree to collectively obey the laws for the benefit of the “the People”. Unfortunately, these days, we have an abundance of laws and many individuals disagree on whether the laws are “just”. With that said, in Pennsylvania, elected bodies such as the Pennsylvania Legislature establish our statutory laws.
Pennsylvania’s Consolidated Statutes are the laws that the legislature has passed. “The People” have implicitly consented to these laws by voting their respective elected officials into office to pass these laws. That is the theory anyhow. Title 18 Section 61 (containing the uniform firearms act) is one of the main places FOAC-I references when it comes to “gun laws”. Interestingly these laws that pertain to a Constitutionally guaranteed right are listed in the “crimes and offenses” section. Once more irony is not lost.
Not all the laws in Title 18 govern the governed. One law, in particular, governs the government.
Title 18 Section 6120. Limitation on the regulation of firearms and ammunition.
(a) General rule.--No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.
This is what we often refer to as “Preemption”. This is the very statute that FOAC has used to defeat tyrants across the Commonwealth for decades.
Tyrants across the Commonwealth HATE this statutory law.
CASE LAW (COMMON LAW)
Case law, sometimes referred to common law, is law that comes from interpretations and ultimate decisions of the courts. Many times, this is called court precedent. These decisions are factored when the courts consider new challenges to laws, government edicts, rules, ordinances, and actions. Some of the “pro-liberty / pro-gun” case law we often cite in our fights in Pennsylvania are:
Tyrants across the Commonwealth HATE these decisions.
When case law is established, it changes how things are done. For instance, before Bruen, some states could deny your ability to obtain a license to carry or a carry permit. Post Bruen… every state shall issue. Case law matters.
JURY INSTRUCTIONS
Jury instructions are directions given to juries as guidelines on how they are to apply the law in jury trials. These principles and standards are given to ensure that a jury can deliver a fair and just verdict. At least that is the theory anyhow.
Instructions generally consist of an overview of the trial process, the duties/job of the judge, jury, attorneys, and witnesses, and the importance of the jury's role in the legal system. There are civil and criminal jury instructions.
If the “wrong” instructions are given to a jury by a judge it could result in a mistrial.
TRADITIONAL PRACTICES
Our Constitutional Republic is based upon many ideals, documents and other sources that can be used to argue intent, and tradition. Some of the documents that have been resourced and referenced as inspirations to our system of government and “tradition” are:
So, this MAY beg the question, “Why give the civics lesson?”
As California Philadelphia goes, so goes the country Commonwealth…..
FOAC-Institute President Jim Stoker recently wrote a blog post called, “Why We Can’t Afford to Lose.” In the blog post, Jim explains how a particular case LOST in Philadelphia will embolden the more tyrannical elements within government and wreak havoc upon the individual rights and liberties of Pennsylvanians. “Bad Precedent” comes back to haunt us in ways we can not imagine. Just like that unruly cousin, bad precedent pops up just when you least expect it or want it.
As a result of the bad precedent in Philadelphia, towns, townships, cities, and municipalities are testing the fence for weakness and proposing ordinances that violate preemption.
In 2019 The Mayor and Council of Pittsburgh purposefully violated Preemption in an effort to defeat preemption in Pennsylvania and across the country…. Do you remember that? Click here to hear Peduto's words. FOAC beat him then, but now a new generation of local tyrants are proposing and gearing up to ignore Title 18 Section 6120.
These are just a few of the preemption violating ordinances that local governments are cooking up to challenge preemption and ride the coattails of the bad precedent caused by the February 2024 Philadelphia ghost gun ruling.
FOAC-Institute is engaged in multiple legal actions across the commonwealth. These cases take time and money. As a matter of fact, Jim Stoker and our team are going to Harrisburg next week to continue the fight in a case that was originally filed almost 9 years ago. We are fighting to continue to set good court precedent. Sometimes that means filing briefs in support of other arguments, sometimes it is in making arguments of our own, but either way, we are fighting.
As an all-volunteer organization consisting of Pennsylvanian residents, we all will have to live with the consequences of bad precedent firsthand. We don’t have the luxury of returning home to another state. We are fighting for liberty on our own soil.
If you can donate to the FOAC-Institute litigation fund, DONATE TODAY.
After years of teaching the masses that LTCF information was being collected illegally, we decided to take advantage of recent communications channels to try and get something done about it. Kim Stolfer and I used to talk quite often (I think he told anyone that would listen and then some!) how unhappy we were with the license to carry firearms application overreaching into citizens' lives collecting information the Pennsylvania Legislature simply did not authorize them to ask for. Employer information? References? We had concerns it was creating a database that could be used by a government overreach to punish or otherwise persecute law-abiding gun owners should government decide to overstep and potentially use force against its own citizens.
For those who feel this scenario far-fetched, reflect upon a time not so long ago when government told you when you could go to church or where you could gather for fear of a "public health pandemic", then get back to me. Ask our Attorney Joshua Prince how willing then tyrant-in-charge Wolf was to order gun stores be permitted to stay open after he'd issued the order to close them down, essentially curbing citizens ability to purchase arms to defend themselves and their families during a time of government induced crisis. And I say government induced because whether you believe the virus was something to fear or not, I think we can all agree both federal and state governments made it far worse, an after-effect still lingering in our mental health system and the thoughts of our young. No? Wasn't so long ago you saw someone driving past in their car, alone, with a face mask on though was it?
So, I am very pleased to say we were successful in our efforts to have the Pennsylvania State Police correct the concerns on the application WITHOUT any legal action being necessary. Though they did not wish to remove the fields, they marked them appropriately as "optional", which is all we can ask. Kudos to the PSP and the Pennsylvania Sheriffs' Association. Below is a link to our press release on the matter. Please read it with a smile, because I know I did. And take another victory lap....
Jim Stoker, President, FOAC Institute
By George E. Emanuel: FOAC-Institute Member
Growing a small gun rights advocacy group demands unwavering dedication and relentless effort. It is a responsibility that falls to each of us. The potential support is vast, but the time to act is now—today.
Current conditions are the most favorable they have been in years, possibly ever. We have momentum on our side, but complacency will be our downfall. To secure our future, we need to double our numbers immediately. This requires utilizing our tools and capitalizing on recent victories. Grassroots engagement is crucial, and every individual must contribute to the cause.
In the next month, I challenge each of us to recruit at least one new member for FOAC-Institute. There is no magic formula for success; it’s about consistent, repetitive effort, much like perfecting one's shooting skills. Effective recruiting, like marksmanship, involves practice and technique.
We must set ambitious goals. Doubling our size is just the beginning. We need a broader vision that acknowledges the extensive effort required to overcome resistance and procrastination, our biggest enemies.
For years, political elites have used "interest balancing" to undermine our rights, leveraging bureaucratic regulations to erode our freedoms. The National Firearms Act of 1934 and the Gun Control Act of 1968 are prime examples of how bureaucracy has strangled our rights. However, we now have the tools to fight back effectively.
We must use our judicial victories as ammunition in our recruiting efforts:
These rulings signify a deliberate shift towards a stronger defense of the Second Amendment and impact all our rights as seen in Loper Bright. They demonstrate a gradual but significant course correction, steering our country back towards its republican foundations. The same justices who upheld these decisions bring a similar mindset to all their cases, causing the left to panic as they see the writing on the wall.
When discussing these issues with fellow gun owners, use these victories to highlight our progress and encourage them to join our cause. Active participation or even just paying dues contributes to our efforts, as litigation is expensive. Many hands make lighter work, and together we can secure our rights for the future.
Now, it’s time to get to work. We have swung the pendulum our way, but brace yourself—our opponents are dazed, but when they regroup, all hell will break loose. We have a small window available to us. Two Supreme Court Justices on our end of the spectrum may retire during the next administration. They are holding on, perhaps waiting for us to seize this opportunity. Let’s not waste their efforts by frittering away the chance that is ours. Get off your ass—now is OUR time!
When you sign up a new member, email FOAC-Institute Leadership and fill the inbox! This is our moment. Let’s make it count.
Blog Post: From the desk of the PresidentBy FOAC-Institute President Jim Stoker
Adventures in misinformed solicitors. Our organization could write a book on the topic. Every regular citizen in the Commonwealth can read the words:
“No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.”
I do not think you need to be an attorney to understand that it tells municipal governments to stay away from our Article I Section 21 right to bear arms.
This afternoon I received an email from lifetime FOAC member Karen Kiefer. Karen had reached out to long-time FOAC Board Members and Vice-President Chip Gallo. Chip sent her my way and Karen informed us that her cousin, Jan Kiefer, had reached out to her asking for help dealing with a potential ordinance proposal in Scottdale Borough, about an hour southwest of Pittsburgh. I must admit I was stunned at first. Scottdale? Westmoreland County?
To continue to read the entire blog post CLICK HERE
Vice President Kamala Harris Owns the Biden Administration’s Hostilities Towards Firearm Industry
CNN Commentator: Walz Exaggerated Military Role to Push Gun Control
Kamala Harris is an Existential Threat to the Second Amendment and Supports Gun Confiscation
Mass Stabbing in UK Leaves 2 Dead, 8 Injured
Check out Armed Lifestyle Magazine Issue 14
A Needed Second Amendment Awakening
Everytown Plans on Spending $45 Million to Elect Anti-Gun Candidates
Architects of Massachusetts New Gun Law: Bring on the Lawsuits
Big Tech Anti-2A Censorship Strikes Again
NPR Affiliate Attacks Preemption By Blaming Republicans for Problems in Democrat-Run Cities
Is This Why Kamala Harris Pushes the Anti-Gun Narrative So Hard?
Selection of Walz as VP Makes This Most Anti-Gun Ticket in History
Carrying While Drinking/Impaired
Trump Says Assassination Attempt Didn't Turn Him Into a Gun Grabber
At The Federalist: If Elected, Kamala Harris Would Be The Most Anti-Gun President In U.S. History
Campaign Clean-Up of Walz's "War Weapons" Comments Raises New Questions About Gun Ban Stance
FOAC-Institute President, Jim Stoker, Presenting at a USCCA/FOAC-Institute PA Gun Law Seminar in Orefield, PA
Fisher Sportsman's Club and Mill Creek VFD Gun Bash special thanks to Rick Erb and the board of Fischer Sportsmen’s Club for giving FOAC-Institute the opportunity to fellowship with their members and educate them on PA gun laws.
Stephen LaSpina, Klint Macro, Kevin Jackson, Sam Platia, Jim Stoker, Will Hoffert, Craig Penglase at USCCA/FOAC-Institute PA Gun Law Seminar in Orefield, PA
FOAC-Institute President Jim Stoker and Pro-Gun Candidate Josh Bashline at the Fisher Sportsman's Club and Mill Creek VFD Gun Bash
FOAC-I Life Member Craig Penglase, FOAC-I board member Stephen LaSpina, and FOAC-I VP Klint Macro at defensive training event n Kintersville, PA
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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.
Look for seminars in Somerset, Altoona, DuBois, Erie, West Mifflin, and more!!!
One year ago, 6 of our fellow citizens in Plum Boro, PA died in a residential natural gas explosion. This tragedy was witnessed first-hand by many folks in my community. I was once a member at Renton VFD and my former brothers at the department rushed to the scene and offered selfless assistance to their community.
Gas explosions happen. Here are some statistics from 2012 to 2021. According to the study an average of 859.2 gas explosions happened per year. There were 23 deaths due to gas explosions in 2023 alone.
Where is the outcry?
Petroleum Engineer Ken Macro Sr.
Now before you make the assumption that I am anti-gas, first understand that I am not anti-gas. My father was a legend in the natural gas drilling industry. I grew up watching my father work with many oil field companies. Ken Macro Sr. was known for being an eastern U.S. shale master. He was fracking LONG before anyone even heard of the term. Believe me when I say I personally am pro-oilfield / drilling industry.
The fact remains, people die in gas explosions.
We must also acknowledge that MILLIONS of Americans avoid freezing to death because of natural gas. Millions of Americans can cook their food because of natural gas. Millions of Americans have electricity because of natural gas. Thousands of Americans can recharge their electric cars because of natural gas. Although individual loss is not to be dismissed or forgotten, the benefit of the “industry” far outweighs the risk. Considering the number of natural gas users around the globe, the number of disasters is extremely low by comparison.
If Rustic Ridge were to have been a mass spree killing (which it would have been classified as such by the FBI, as more than 4 were killed), the outcry would have been much more politically driven.
Millions of Americans use firearms for righteous purpose. Millions of Americans use firearms for personal defense and the defense of those that they love. Millions of Americans use firearms for sport and recreation.
FOAC-Institute President Jim Stoker was recently interviewed for an article called “The pros and cons of school-sponsored shooting organizations”.
Jim Stoker, president of Firearms Owners Against Crime Institute for Legal, Legislative and Educational Action, talks in his home on July 23 in Bridgeville. (Photo by Stephanie Strasburg/PublicSource)
The author, K-12 Education Reporter, Lajja Mistry opens the article with:
“In the blizzard of profiles of Thomas Matthew Crooks following the July 13 shooting at a rally for former President Donald Trump, one of the many mysteries has been: Did the accused shooter try out for his high school rifle team?”
Now hold on a minute…. Is the author implying that school rifle teams are a breeding ground for would-be assassins?
I believe this is EXACTLY what she is implying. One reason is because the author gave Josh Fleitman, director of Cease Fire PA, the final word. It’s kind of like this. You can see the “slant” of an article by reading the final word.
I was once told by a wiser man than me (maybe it was Kim Stolfer as I recall) that the truth is not in the setup of the statement, it is in the finale. For instance, if an elected official were to say, “I own a shotgun, BUT…… everything after the “but” is the truth. Everything before that is to soften you up and confuse you to eat the bullshit.
The author gave Josh Fleitman the final word. Step back and look at her article, Jim Stoker said this…… BUT Josh Fleitman ended with:
“I think we've just seen too many, too many sad examples of guns that fell into the hands of people who either clearly should not have had them or people who didn't necessarily even outwardly pose a risk,” he said.
Once more, the anti-gun leaning media is dismissing the millions of Americans that have benefitted from shooting sports at the high school level.
FOAC-Institute President Jim Stoker once more gave great statements that could not be twisted. He represented gun owners and our organization wonderfully. The AUTHOR (or maybe the editor... or both) dismissed those statements and pushed a political agenda but composing the “narrative” in the way that she/they did.
The author meticulously listed all the Pittsburgh area school districts that have rifle teams.
I have PERSONALLY been involved as an adjunct coach and instructor for many athletes over the years that have competed for some these schools.
Believe me, I could go ON and ON about the benefits for youth, the school, the community, and our country when youth shooting sports are supported and enriched at the high school level. Maybe I’ll write about that in another newsletter. for now just take my word for it.
The irony and diabolical Orwellian genius of the article is the complete misdirection of information. This article is an example of REAL media propaganda.
The truth is this would-be Trump assassin was never part of ANY rifle team. According to school officials, he never even tried out.
So rather than hold the individual accountable for a deliberate act of evil, the gun control forces and their media lackies push the lie that high school shooting sports programs have SOMETHING to do with the attempted assassination of Donald Trump.
I am throwing the bullshit flag. As should you!
We the people, MUST stand up and throw the bullshit flag. We should not abide the lies. We should not abide the misdirection. We must educate those willing to listen and debate. We must call out those that simply sling their anti-American propaganda. Anti-gun, anti-2A, anti-individual rights and liberties, and anti-self-sufficiency, IS anti-American.
Stay frosty, stay armed and BE well regulated!
Yours Most Respectfully,
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.
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!