Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
Well, whatta know…. he did it!
This was really no surprise. Even though Joe said he would not pardon Hunter, most people recognize that Joe has a history of not following through with what he says.
As a parent, I completely sympathize with Joe. Any parent that is a lame duck President and about to “go out to pasture” politically speaking AND has a child that is a felon… would very most likely give the pardon. I probably would. No, I can say without question… I WOULD. However, I am speaking like a father… not the president. Joe didn’t speak like a father either in his White House statement, he spoke like a politician.
“Without aggravating factors like use in a crime, multiple purchases, or buying a weapon as a straw purchaser, people are almost never brought to trial on felony charges solely for how they filled out a gun form.”
Is this an observation or a suggestion? What good are laws if they are not enforced? Are only good laws to be enforced? Which is it?
Later in the statement, Joe said:
“I also believe raw politics has infected this process and it led to a miscarriage of justice”.
This is a tremendously ironic thing to say. Almost clever even.
This opens up a stack of cans of worms politically and ethically speaking.
If Joe is pardoning his convicted son and absolving him of his punishment for tax evasion, illegal possessing a firearm, and lying on a federal firearms form… What does that say for others who ARE serving their time for crimes of similar ilk?
How many gun owners are politically victimized by anti-gun politicians and prosecutors? Why is it that legal gun owners are held to a higher legal standard than criminals? Are there not PLENTY of examples of gun owners being made examples of for the political benefit of anti-gun proponents? You bet your ass there is.
Do Presidential pardons create a sort of case law? I think the answer is no, although they do certainly make you raise an eyebrow. A pardon does not erase the charge or conviction, but it commutes the punishment.
Hunter will still be ineligible for a PA License to carry a firearm if he ever were to move back to his daddy’s hometown of Scranton. He’d actually be a prohibited person and unable to have a gun… more on that in a bit.
Article 1 Section 2 Clause 1of the US Constitution states:
"[The President] shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment."
We can discuss the frivolity of Hunter’s gun charges over a beer sometime. EVEN if he was using illegal substances when he purchased his gun, I think many would agree he, as an American citizen, still has the right to keep and bear arms in defense of himself. Even stoned people have a right to defend themselves. But with that said, the law of the land does not agree. And God forbid someone fills out a federal form incorrectly…. Boy o’boy.
How many gun owners get jacked up by these types of laws and do NOT have a lame duck president father to bail them out? I could use a term like “fair and equitable” …. But I won’t.
Hell, Al Capone only owed the taxman $215,000. Hunter owed the taxman 1.4 million bucks. That hardly seems equitable. In Hunter’s defense however, due to Bidenomics, Al Capone would have owed $3,642,576 in twenty-twenty-four dollars. So, I guess Hunter evaded less taxes than Al Capone after all. A dollar just don’t get you what it used to these days.
I guess all is fair in love, war, politics and hand grenades…
As we are a single-issue organization, I shall keep the discussion to the “gun” part and use this as an “teachable moment”.
Article 1 Section 21 of the PA Constitution states:
The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.
Should Hunter be ineligible for a PA License to carry a firearm? Did you know that you could be ineligible for a PA LTCF if you were CHARGED with a crime whose punishment is 2 years of jail time. CHARGED not even convicted. Should Hunter be a prohibited person? In PA he might not even be able to own a firearm.
(a) Offense defined.--
(1) A person who has been convicted of an offense enumerated in subsection (b), within or without this Commonwealth, regardless of the length of sentence or whose conduct meets the criteria in subsection (c) shall not possess, use, control, sell, transfer or manufacture or obtain a license to possess, use, control, sell, transfer or manufacture a firearm in this Commonwealth.
Heck, upon cursory review, President/President Elect Donald Trump could be considered a prohibited person under Title 18 Section 6105. He might not be able to get a PA LTCF either.
PA is not without process. In 6105 (d) there MAY be a pathway for relief for Hunter and Donald if ever they moved to PA and wanted to exercise their individual right to self-defense. Maybe….
This is why you need a good lawyer when it comes to the law and lots of money to pay them, because unfortunately the law is stacked against us. It sure seems as if there are lots of “questions” in PA title 18 that question that right that shall NOT be questioned.
Just because our neighbors to the north, east, and south are so much worse (gun law wise), people think Pennsylvania is pretty “free” when it comes to gun laws. If you think that you are sorely mistaken. PA law is full of pitfalls, traps, snakes, scorpions, and crocodiles… even more so than the old video game.
Be sure to attend a FOAC-Institute PA Gun Law Seminar in 2025. You don’t know what you don’t know, and I’ll bet folding money that you don’t know a lot of things that could get you jacked up when it comes to PA gun laws. Although, “shall not be questioned” seems pretty clear, the law is tricky and cloudy.
You likely won’t have a presidential pardon to fall back on.
Educate yourself.
An armed and educated citizenry is the true check and balance in our Constitutional Republic and the ultimate homeland security.
FOAC-ILLEA Files Suit Against Pen Argyl Borough In Relation To Unlawful Firearm RegulationsOriginally Posted on the Prince Law Blog November 26, 2024 by Joshua Prince, Esq.
Today, Chief Counsel Joshua Prince and Dillon Harris of the Firearms Industry Consulting Group (“FICG), a division of Civil Rights Defense Firm, P.C., filed a 41 page, 11 count, Complaint under the Declaratory Judgement Act and Mandamus, on behalf of Plaintiffs Firearm Owners Against Crime – Institute for Legal, Legislative and Educational Action (FOAC-ILLEA) and Mr. Heinsohn, against Pen Argyl Borough over its unlawful and illegal regulations preventing discharge in the Borough that it refused to repeal.
Please join us in thanking FOAC-ILLEA for always remaining steadfast in its dedication to defending Article 1, Section 21, 18 Pa.C.S. 6120 and the Second Amendment. We would highly encourage anyone in a financial position to do so, to donate to FOAC-ILLEA so it can continue to support important litigation defending our Rights.
Originally posted on the Prince Law Blog November 20, 2024 by Joshua Prince, Esq.
Today, the Pennsylvania Supreme Court issued a 55 page, unanimous decision in Crawford, et al. v. Commonwealth, et al., 19 EAP 2022, affirming the Commonwealth Court’s decision throwing out the City of Philadelphia’s lawsuit contending that Pennsylvania’s firearm and ammunition preemption statute – 18 Pa.C.S. 6120 – was unconstitutional on numerous grounds. In fact, the City’s argument was that our state firearm preemption statute violates “the Pennsylvania Constitution’s guarantee of all Pennsylvanians’ right to ‘enjoy[] and defend[] life and liberty’ in Article I, Section 1 by prohibiting the enactment of local firearm ordinances?” (Yes, that is the exact language, including the right to defend one’s self, from their question presented… you simply cannot make this stuff up!)
As many of you likely remember, I wrote an Amicus Brief on behalf of Allegheny County Sportsmen’s League (“ACSL”) and Firearms Owners Against Crime – Institute for Legal, Legislative, and Educational Action (“FOAC-ILLEA”), and portions of the decision seems to parrot many of my arguments. While the Court didn’t explicitly address my argument that the Uniform Firearms Act (“UFA”) provides for field preemption (beyond the express preemption of 18 Pa.C.S. 6120), it seems to have T’ed that issue up for a ruling consistent with my arguments, given that the decision spends over 8 pages (10-11, 14- 19) addressing the breadth of the UFA and explicitly declares that “it is important to be mindful that [Section 6120] is just one of many in the UFA’s relatively longstanding and comprehensive statutory scheme of firearms regulation;” which is required for field preemption. And, as the Court notes in footnote 15, the Court has held three cases – FOAC-ILLEA v. Pittsburgh, Armstrong, and Anderson – the first two being my cases, pending its decision in this case. As such, I suspect in the very near future, we will likely receive an Order in either FOAC-ILLEA v. Pittsburgh or Armstrong (with Pittsburgh being the most likely), or both, lifting the stay and directing briefing, so that the Court can finally, explicitly hold that the breadth of the UFA provides field preemption; whereby, only the General Assembly may, in any manner, regulate firearms and ammunition.
Please join us in thanking FOAC-ILLEA and ACSL for always remaining steadfast in their dedication to defending Article 1, Section 21, 18 Pa.C.S. 6120 and the Second Amendment. We would highly encourage anyone in a financial position to do so, to donate to FOAC-ILLEA so it can continue to support important litigation defending our Rights.
If your state or federal constitutional rights have been violated, or the federal, state or local government ever violate your statutory rights, contact FICG today to discuss your options.
This article was originally published in the FOAC newsletter YEARS ago. After a conversation had during the latest FOAC-Institute membership meeting, I felt compelled to dust it off and re-publish it with some updates.
The cornerstone of all firearms training, no matter the context is safety. All Americans who exercise their 2A Rights must also exercise them responsibly; this requires an understanding of safe gun handling, responsible storage, but begins with choosing the right tool for the job.
No firefighter would run into a working fire with a mask that “kinda fits” them or one that works “most of the time”. However, many family first responders carry defensive tools that don’t fit them or are terribly complicated. Sometime that “complicatedness” may even make their gun choice “less safe”. After all we carry our firearms so that we can defend ourselves from a potential attack and keep our loved ones safe. It is a piece of safety equipment. If it is overly complicated or unreliable then it may make us less safe.
Let’s begin by addressing “fit”. The gun must fit and have the ability to point naturally. When we drive the gun to full extension it should point where we are looking.
Loading, unloading, recognizing and clearing malfunctions, should be done with the least amount of visual stimulus possible. Learn to do administrative work without looking at the gun. If your life is in danger, there is probably something more important to look at that than your gun.
If the gun fits and you are consistent with training, you should learn to feel that it is pointed where you are looking; if and/or when you recognize the need to shoot.
Think of the process like this.
Properly identify the attacker, get eyes on the attacker, recognize the behavior that makes the attacker an attacker, make the choice to stop what the attacker is doing, point the gun where you are looking and stop the attack. As soon as you recognize that the attack has ceased stop pressing the trigger. Assess the attacker, the people and the things in your environment and respond accordingly.
The better the gun fits you the less reliant you will be on sights to recognize angular deviation of the gun in relation to your eyes and the attacker. Plus… if the gun is truly pointed where you are looking, then it is easier to use the sights if you need them. It is a win-win all the way around. I have covered this extensively in articles on Personal Defense Network.
To determine if a gun fits your hand, grip the gun properly with the strong hand high on the back strap, your trigger finger off the trigger and above the trigger area and your middle and subsequent fingers wrapped around the grip tight against the bottom of the trigger guard. The strong hand thumb knuckle should be on the support side of the gun. Factors that could affect this is gun thickness, double stacked versus single stacked, and of course your hand size. If the thumb is not on the support side of the gun then it will likely point somewhere other than where you are looking when you drive it to full extension. This is a set up for a potential failure in the context of a defensive encounter.
Next, consider grip angle. If the grip angle is such that when you drive the gun to full extension the muzzle points slightly high or slightly low, in relation to your line of sight, then that gun is not likely to point well for you. Some guns have interchangeable back straps or panels that might fix this issue. If you have to rely on visual stimulus to see the gun tipped high or low, then cognitively decide to correct the guns alignment, you are setting yourself up for a potential failure. So why not pick a gun that not only fits, but one that also points well.
Another factor to consider is the efficiency of operation and the ability to operate the gun using the least amount of time, effort and energy. Many gun designs are EXTREMELY complicated and require extra “work” to make them go bang, or to properly carry them. Having to manipulate levers, buttons, and switches to operate a gun can lead to missteps. If grip and control of the gun is compromised to operate the gun, or if the gun doesn’t fire when you want it to, or if you don’t use the gun as designed because it is inconvenient, then you are making the use of that gun less safe.
As you look at the evolution of firearm design going back to single action semi-autos on up to modern striker fired semi-autos, some safety features are very necessary but may make one design less efficient than others.
Running a Single Action only 1911 “cocked” but not “locked” is grossly irresponsible because of its very light and short trigger press, and it is not the way the gun was designed to be carried. It must be cocked and locked in a holster. We must ALWAYS use and carry guns how they were designed to be used and carried. It takes MANY MANY reps to consistently get the safety off when you need it. A defensive firearm that doesn’t go “bang” when you need it, is not a great choice for life saving safety equipment.
Would you want to have an AED that only turns on “most of the time” because you miss the button to prepare it to activate? Can you train to get that manual thumb safety off when you need it?… hell yes, humans are amazing animals, however it will require a commitment of lots and lots of practice. How much time do you have to practice?
Double Action/Single Action (DA/SA) semi-autos often lack manually operated thumb safeties but when the gun is initially loaded the hammer is cocked mechanically by the slide setting the gun into “single action” mode which, like with the 1911, typically means a very light short trigger press. This would be a grossly irresponsible way to carry the gun and NOT how the gun was designed to be carried. So, to remedy this issue, most DA/SA semi-autos have a “decocking” lever which safely drops the hammer, setting it up for double action mode. If your gun has a decocker you must use it. NEVER manually decock a pistol that has a decocker. The initial double action trigger press, out of the holster, is heavier and longer, and then all subsequent shots, being in single action mode, makes for an inconsistent trigger press. Most folks who use DA/SA’s will report “shanking” the first shot, and some might even report firing a second time, maybe without intending to, because of the drastic difference of pressure required to make the gun go bang from shot one to shot two. Can you train to run this gun well… hell yes, humans are amazing animals, however it will require a commitment of lots and lots of practice. How much time do you have to practice?
What about double action revolvers? What about revolvers in general?
Although gun collecting is a thing, and traditional competitions are a thing too (like Single Action Shooting Society), how many of you would choose to use 1800’s technology to save your life? If your doctor said, we need to bleed you and put leaches on you to remove the bad humors from your body and cure you of your ailment would you do it? When revolvers first came about… some doctors were still bloodletting.
Although most would agree that “a” gun is better than “no” gun, FOAC-Institute leadership agrees there are much better options in 2024 than revolvers for a personal defense firearm. The low fixed capacity of revolvers being the main reason… but there are other reasons too. Attend a FOAC-Institute seminar and you might learn more.
A modern striker fired semi auto that lacks a manually operated thumb safety is the most efficient design available to us in the 21st century. Many folks take issue with my next statement, but it is my belief that if Col. Cooper were alive today, he’d be carrying a modern striker fired semi-auto without a thumb safety, probably in 9mm. It is easy for me to say this because we really don’t know, however, much like the AR15 rifle platform, the polymer framed striker fired semiauto pistol has, over decades, proven to be extremely reliable. Glocks, MP 2.0, H&K VP9 and others of similar design have a consistent trigger press one shot to the next, and as most lack an external thumb safety, they are much less complicated and easier to master in less time. Another added benefit is that because of the design of a striker fired pistol, using a striker (think of a plunger on a pinball machine) rather than a hammer hitting a firing pin, the slide is typically not as high, it is lighter, has less mass than a hammer gun, and is generally easier to mitigate recoil, settle the gun, and race to that “last shot” that ends the attack. Can you train to run this gun well… hell yes, humans are amazing animals, and if you commitment to lots and lots of practice you can run it even better!
These days, I see hundreds of guns on the range each year will attest that the aforementioned models run virtually flawlessly in most people’s hands (so long as the gun has solid bone or muscle support behind it). Other makes and models of similar design may also run flawlessly, but I don’t see them as much as the others. With this said, my general recommendation for a defensive pistol IS a modern striker fired semi-automatic without a thumb safety in 9mm. They are the most efficient design available, requiring the least number of resources to run, are much more consistently reliable, and many law enforcement agencies use them too. If it is reasonable gun choice for LE than it is reasonable gun choice for you.
Choose a gun that is reliable, fits you well, and is easier to run. This will help you to maximize your training resources and you might just become “better well regulated” with your particular tool of self-defense making you a more efficient family first responder.
Lastly, as I wrap up this installment, I remind you of “The Big Picture Rule”. Every time you take a gun from or put it back into a holster, grab it out of your lock box or quick access safe, or someone just hands it to you, consider this:
Recognize that YOU are in control of a firearm, if YOU use this firearm carelessly, ignorantly, or with malice, YOU have the potential to harm or kill yourself or someone else.
Act accordingly. Don’t just be an armed American, be a responsibly armed American!
Be like Andy Griffith and make your own ammo!
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 Trace Gives Trump a Roadmap to Undo Biden's Gun Controls
Shriner Takes Issue With The Trace's Assault on Gun Raffles
Two Men Indicted Over Machine Gun Conversion Devices
Pennsylvania Supreme Court Upholds Preemption Laws
Gun Control Groups Quiet Over Manhattan Mass Stabbing; Continue Call for "Assault Weapon" Ban
David Hogg Considering Run for DNC Vice Chair
Giving a Firearm as a Gift? Some Reminders from NSSF
Pennsylvania Cops Use Bust to Scare People Over 'Ghost Guns'
Gun Control Advocates React to Pennsylvania Supreme Court's Preemption Ruling
Gallup: Support Declines for Handgun, ‘Assault Weapons’ Bans
Debunking Gun Control Lies at the Dinner Table: A Counter-Guide to Everytown (Part 1)
Debunking Gun Control Lies at the Dinner Table: A Counter-Guide to Everytown (Part 2)
Anti-Gunners Say Court Defeat Won't Stop Push to Undo Pennsylvania Preemption Law
Joe Biden Grants Presidential Pardon to Hunter Biden on Gun, Tax Charges
I first met Kim Stolfer, FOAC Founder at a Tea Party rally in Greensburg, PA in 2010. I just moved back to PA from California, and I was carting Augie around in his baby stroller. I saw the FOAC tent and was intrigued. Kim was there with Edgar Stephan and maybe a few others… I don’t completely recall.
We began to talk, and he explained what FOAC was about and what they did in Harrisburg. He did his famous interview/interrogation thing to see how “up with current events” I was and where I stood on basic freedoms. He was great at sizing people up in about 4 sentences.
Kim asked me if I knew what the 2nd Amendment was.
I was able to recite it to him without hesitation.
He said, “Good, do you know what Article 1 Section 21 of the PA Constitution is?” I replied that I did not. He said, “Most of our legislators in Harrisburg don’t know what it is either, so we educate them about it and remind them of it often.”
Kim went on to explain and educate me.
He asked me if I would like to join the organization, to which I promptly agreed.
Then I said it…. a sentence that changed my life.
“I’d be happy to help out too!”
Without hesitation, he replied with “Great… HOW and when?”
He held me to my word.
Today, a friend of mine asked me, “What would be a great Christmas present for a gun owner?” I asked if they were a FOAC-Institute member to which she replied, “No”.
I said, “How about get them a FOAC-Institute Life Membership?” She replied, “It’s a great idea, thank you!”
I know she will read this newsletter, and it will remind her to follow through. Maybe the gift of a FOAC-Institute life membership will change her friend’s life. Maybe getting your friends and family a gift FOAC-Institute membership will change their lives like it did mine.
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.
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.