PA Bill Number: HB1764
Title: In inchoate crimes, providing for the offense of possession of firearm or other dangerous weapon in public recreation area.
Description: In inchoate crimes, providing for the offense of possession of firearm or other dangerous weapon in public recreation area. ...
Last Action Date: Aug 20, 2019
FOAC Action Alerts
Monumental Decision: PA Supreme Court - Hicks - Is Carrying a Firearm Reasonable Suspicion of a Crime
Today the PA Supreme Court issued a MONUMENTAL Decision 'stopping' the Commonwealth from pushing the notion that a 'police officer' is JUSTIFIED to investigatively detain a citizen IF a firearm is just seen!
In Hicks vs. Commonwealth, YOUR right to carry openly or concealed was at risk because the element at heart was "whether the mere open carrying of a firearm constitutes reasonable suspicion of a crime." The PA Supreme Court said emphatically NO!
Attorney Josh Prince filed an Amicus Brief on behalf of Members of the Pennsylvania General Assembly, Firearm Owners Against Crime (FOAC), Firearm Policy Coalition, and Firearm Policy Foundation in support of Mr. Hicks and arguing, after conducting a 50 state and federal survey that the mere open carrying of a firearm does not constitute reasonable suspicion.
Justice Wecht, writing for the majority, declared that the Superior Court has consistently applied the "inverse of the bedrock rule" that an officer must have reasonable suspicion to stop and frisk an individual by holding that "possession of a concealed firearm by an individual in public is sufficient to create a reasonable suspicion that the individual may be dangerous, such that an officer can approach the individual and briefly detain him in order to investigate whether the person is properly licensed." As Mr. Hicks was stopped solely because a city camera saw him carrying a firearm, the Court held that "there being no other lawful basis for the seizure at issue," the Superior Court's decision affirming his conviction for DUI had to be reversed.
Preemption Legislation UP in the Senate Local Government Committee - SB 531
You have to keep your eyes on Harrisburg- the Senate Local Government Committee is about to run a courageous “Strengthen Preemption” SB 531 This bill will make cities and municipalities financially liable for assaulting the Rights and Liberties of Law Abiding Citizens. Mayors and City Councils that violate State Preemption Laws and disregard the Constitutions of PA and the United States HATE THIS BILL! We need to hold accountable the Elected Officials who feel they are above the law and who take their direction from anti-Liberty forces and gun grabbing special interests.
Rather than out-spend Law Abiding Citizens who are victimized by Illegal Ordinances with Bloomberg money and stolen tax dollars, this legislation will allow for the recovery of legal expenses that are incurred to stop these illegal laws in violation of PA Preemption Law, Title 18 §6120 Limitation on the regulation of firearms and ammunition. If a court of law finds that an ordinance violates Pennsylvania Preemption law (Title 18, §6120), the local government shall pay damages, reasonable attorney fees and costs. The anti-Liberty forces are working hard to undermine liberty and this legislation… we 'must' stop them!
Please ask your Senator to vote YES on this courageous bill, especially if he/she is on the Local Government Committee and on the floor of the Senate. We need your Senators to stand up for the Laws of the Commonwealth and the Law Abiding Citizens of PA. It is the RIGHT THING TO DO!
These are the Senators on the Local Government Committee:
|Timothy Kearney||D||26||Minority Chair|
|Wayne Langerholc Jr||R||35||"Bill Sponsor"|
|Scott Martin||R||13||Majority Chair|
|Mike Regan||R||31||Majority Vice Chair|
|Joseph Scarnati III||R||25|
To find your PA Senators contact information CLICK HERE
Please Ask your Senator to vote YES on SB531.
Donate to the FOAC/ACSL Pittsburgh Litigation Fund. Enter FOAC/ACSL Pittsburgh Litigation Fund in the Reference Field.
City of Pittsburgh Signs Illegal Anti-Gun Bills - FOAC Files Lawsuits Against the City
The Mayor of Pittsburgh has signed the illegal ordinances and is officially an accomplice in the City's criminal enterprise in violating State preemption laws and the Constitutions of the USA and PA. He also did this behind closed doors, where anti-liberty groups were welcomed and concerned Law Abiding Citizens and Veterans were turned away. I commend FOAC members Dave Haid, Val Finnell and others for trying to personally witness the signing of these illegal ordinances, even though they were prevented from attending.
In the first action, Allegheny County Sportsmen’s League (“ACSL”) filed a contempt petition for numerous violations of a 1995 Court Order approving a Settlement Agreement between the City of Pittsburgh and ACSL, et al. The petition for contempt requests that the court fine and sanction the City of Pittsburgh, award attorney fees and costs, and hold the Mayor and Councilmembers severally and jointly liable for violating terms of a longstanding court order that required them to “abide by and adhere to Pennsylvania law.” As the City of Pittsburgh stipulated that the City’s Ordinance 30 of 1994 was preempted by 18 Pa.C.S. § 6120, as it regulated the use, possession, and transfer of what the City classified as "assault weapons," ammunition and firearm accessories, ACSL contends that the City’s new gun control laws clearly and unequivocally violate the Settlement Agreement and Court Order.
A second action, brought by Firearm Owners Against Crime, Firearms Policy Coalition, Firearms Policy Foundation, and several individuals, in a 94 page Complaint, seeks declaratory and injunctive relief against the City of Pittsburgh, Mayor Peduto and the individual City Councilmembers that voted in favor of the anti-gun enactments. The Complaint, spanning 16 counts, includes counts for numerous violations of everything from the Pennsylvania Constitution to the Crimes Code to failure to comply with the City Home Rule Charter and City Council Rules.
It is unfortunate that City’s taxpayers will be burdened by the City’s elected officials believing it is acceptable - and even gloating - that they are violating the Pennsylvania Constitution and Crimes Code. It is also unfathomable that an administration that has labeled itself as transparent, precluded interested individuals, including two veterans, from attending the “public” signing ceremony while permitting anti-gun groups to attend; thereby attempting to suppress the First Amendment and Article 1, Section 7 rights of those individuals who were denied admission solely on the basis that they were not members of CeaseFirePA or Moms Demand Action.
IF these lies and actions are allowed to stand then every Pittsburgh citizen and 'anyone' who crosses the City of Pittsburgh boundary is at risk of prosecution and incarceration for violating these illegal ordinances. Even more so, the video shows the intent is to see ALL communities work on local laws throughout Pennsylvania so IF you think this doesn't affect you then you need to listen to the statements of the Mayor and the groups they are working with.
We will do everything in our power to protect our Constitution and the rights of ALL citizens to be free from government's unlawful acts and tyranny but NOW is the time to stand up and be counted!
Stop the Assault on Liberty: Call to Action to Defend the Right to Bear Arms Campaign
FOAC has spear headed a Coalition of Liberty minded organizations who are standing together to deliver a common message of unity and freedom. FOAC Board member and ACSL President, Klint Macro, has worked tirelessly to put together this campaign where “We The People” can remind our elected officials that they are in office to PROTECT our Liberties… NOT Assault them.
Please help us spread this message by printing copies of the “Stop The Assault” campaign letter and mail them to your local, state, and federal elected officials on February 1st, 2019; National Freedom Day.
E-Mail link to Freedom Campaign Letter:
Elected officials MUST STOP THEIR ATTACK on the Liberties of law abiding American citizens. Whether it be a limitation or restriction of free speech, religion, due process, personal property rights, or the right to self-preservation and the right to protect those that we love; the incremental erosion of one right is an attack on them all.
Liberty is a “Yes or No” proposition. We either have Liberty or we do not.
If each of us invests a little effort and a few dollars in ink and stamps, we can remind those in office that we are watching and we will no longer stand by while they Assault our Rights, Liberties, and Freedom with the stroke of a pen.
Yours in Freedom,
Kim Stolfer, President
FICG Files Letter on Behalf of ACSL and FOAC in Response to Pittsburghs Proposed Illegal Firearm Ordinances
Today, in advance of Pittsburgh City Council's December 18th meeting to formally announce its illegal firearm proposals, Firearms Industry Consulting Group® (FICG®), a division of Civil Rights Defense Firm, P.C., on behalf of its clients, Allegheny County Sportsmen's League and Firearm Owners Against Crime (FOAC), filed a letter in opposition to the proposals; wherein, Chief Counsel Joshua Prince explains the constitutional and statutory protections and case law precluding such regulation.
In the event Pittsburgh moves forward with the proposals, ACSL and FOAC will take legal action against the City and request that Allegheny County District Attorney Zappala file criminal charges against the Mayor and City Council for violations of 18 Pa.C.S. § 5301 (official oppression) and 18 Pa.C.S. § 6120 (preemption). A copy of the joint press release by ACSL and FOAC is available here.
If you are in a position to be able to support this matter, ACSL and FOAC would greatly appreciate donations, which can be made online through the Firm’s escrow account here – https://secure.lawpay.com/pages/civilrightsdefensefirm/trust. Simply place "ACSL/FOAC Pittsburgh Preemption Litigation" in the reference box.
If you or someone you know has been the victim of an unlawful municipal firearm or ammunition regulation or ordinance, contact FICG today to discuss your options.
Making Law-Abiding Americans Felons. One Pen Stroke At A Time
President Trump has declared that he will bypass congress and ban production, sale, and possession of so called “bump stocks.”
In spite of the fact that ATF has always concluded that these devices are lawful and do not qualify as “machine guns” Trump intends, with the stroke of a pen, to render all who own them felons, if they don’t turn them into the police.
However you feel about these devices, it is truly chilling that a President can turn unknown numbers of good Americans into criminals for owning a device they purchased legally and Congress is silent on the bypassing of Federal Law. If a piece of plastic that does nothing but simplify what you can achieve with no modifications to a firearm can be banned and confiscated, what prevents this, or any future president, from banning the firearms they are attached to?
“Bump” firing is a technique that can be done without a “bump stock" on ANY semi-automatic firearm. Is a plan to ban your fingers next?
See the a few of the examples below:
- ATF Analyst on Bump Stocks: https://www.youtube.com/watch?v=kryIJIrD5eQ
- Other Examples: https://www.youtube.com/watch?v=-9fD_BX-afo
Trump promised to protect the Second Amendment. With this action we slide further down the slope. This is an attack on an entire class of firearms (Semi-Automatic) because no matter the looks they ALL function the same. Further, we do not even know for sure which weapons were used in the single criminal incident that they were, purportedly, used in!
Had Trump traded bump stocks for National Reciprocity and/or deregulation of suppressors, we would have still disagreed, but the master “deal maker” could say we got "something." But we got nothing even though the Republicans controlled the Congress and the White House.
Remember, at the heart of ALL gun control is government saying to ALL law-abiding citizens that 'we can't trust YOU to exercise your rights responsibly' so we are taking this away from you!
Please send a message to your Congressman that this attack on a legal firearms accessory is nothing more than state sponsored theft and a dangerous and unconstitutional step towards tyranny.
FOAC on the Radio This Evening on KDKA - 11/27/2018 (Mangino Show) - The Issue is the Auditor General's Report on Firearms
Call–In # 866-391-1020
The issues for this show: The Pennsylvania Auditor General has put together a report on so-called ‘firearm safety’ that mixes issues of gun control and more intrusive government with outright lies. This is but the first of many shots across the bow that will be coming in the new, upcoming session that will focus on more regulation of firearms ownership.
Sorry for the late notice but KDKA just called.
The AG report in question can be found here.
Pittsburgh Pushing Illegal Gun Control/Gun Bans
FOAC will be on the Southwestern TV stations: WTAE and KDKA today, 11/12/2018, on the evening news responding to Mayor Peduto and his push to enact criminal gun control in Pittsburgh.
The Pittsburgh Post-Gazette published an article on Veteran's Day regarding Peduto's intent to violate the law AND the 1995 consent decree signed by Pittsburgh when they illegally tried to ban so-called Assault Weapons!
The TV stations are reaching out for a response which FOAC was all too happy to give.
The 4 Horsemen of the 2nd Amendment Apocalypse:
1. Corrupt politicians
2. Soul less Billionaires
3. Anti-Gun groups without compunction
4. Apathetic, Clueless Citizens
UPDATE - Pressure is Working - HB 2060: PA SENATE to Consider Sen. Eichelberger Amendment Tomorrow (10/3): Please Help!
After days of gun owner pressure, along with the concerted pressure of Sen. Reschenthaler and other Senators like Sen. Bartolotta, the Pennsylvania Senate will be considering an amendment by Sen. Eichelberger to HB 2060.
This amendment will restore "friends" as a source to surrender or relinquish firearms after a PFA has been imposed.
Once again we need your help in the guise of phone calls and emails Senate in support of Sen. Eichelberger's amendment. It is still being drafted so I do not have an amendment number.
If this amendment is included in the bill and passed by the Senate then FOAC will take a neutral position on this legislation but only if, and I repeat, if this legislation is amended with Sen. Eichelberger's amendment!
We need your help tomorrow morning to put pressure on the Senators in support of Sen. Eichelberger and his amendment! This is a highly critical alert and we do not have much time to work on the Senate.
Please target all of the Republicans with your e-mails and phone calls in the Pennsylvania Senate and Sen. Brewster and Sen. Yudichak. You can find them all at this link: https://foac-pac.org/PA-Legislator-Info .
If you are an active FOAC member you can sign into the FOAC website and go to your member's area for ALL of the Senate e-mails in one block.
You've all been wonderful and highly supportive and we deeply appreciate all your hard work!
Yours in Freedom,
Kim Stolfer, President
Extremely Critical Legislative Alert: Gun Control Tidal Wave About to Wreak Havoc on Pennsylvania Gun Owners - 9/24
The gun control insanity that has gripped much of our nation has finally raised its’ ugly head here in PA. Next week (9/24-9/25) the Pennsylvania House of Representatives, spurred on by Speaker of the House Rep. Turzai, is slated to consider two bills that were tabled in June – HB 2060 & HB 2227.
These are both an affront to our Constitution at the state and federal level. What’s worse is that Republican Leadership KNOWS this just as they know both expand the power of government at the expense of the Due Process rights of the accused with HB 2227 creating an entirely ‘new’ section of law involving suspension of ‘Due Process’.
Over the summer, FOAC has worked diligently to examine both bills with some great attorneys and have attempted to convey this to other groups, gun owners and PA House members. On Thursday (the 20th of Sept.) we were told that a September Surprise (meaning gun owners were being stabbed in the back) was coming and that both HB 2060 & HB 2227 would see floor action on Sept. 24th & 25th respectively.
We have done EVERYTHING we can to stop this freight train but are told that UNLESS YOU (gun owners) speak out and DEMAND leadership pull these bills they WILL PASS. We as a group (gun owners) have been silent TOO DAMN LONG!! NOW we are faced with House Leadership and SE Republicans and a ‘Host’ of anti-gun Democrats who think they can ignore citizens’ rights along with the reality of all the major gun groups rallying around these two gun bills that will severely damage the short and long term rights of all citizens to be treated fairly in the halls of justice.
Below are just a FEW examples of the Flaws and Traps in these bills:
- PFA’s (Protection from Abuse Orders) are often “weaponized” or “tactical”. This means that a spouse decides to get a divorce and makes false accusations so as to kick their spouse out of the house and onto the street and take away their ability to have firearms for hunting, target shooting or protection. The kicked-out spouse is branded an abuser without trial and often discovers that bank accounts are drained and credit cards maxed out. The law is badly in need of reform to mandate investigation and prosecution of those who make false statements. This legislation does nothing to fix these abuses and encourages more abuses of the system.
- IF a PFA is issued on you and you don’t turn in ALL your firearms, other weapons ‘and’ ammunition within 24 hours you will go directly to jail for 6 months (HB 2060)
- Completely ELIMINATES your ability to go to court and use the 3rd Party process to ‘legally’ surrender your firearms to a ‘friend or family’ member to keep them for you until the PFA is terminated (HB 2060)
- Forces you to pay a storage fee on EACH gun kept at a gun dealer or ‘commercial armory’ for up to FIVE years (HB 2060)
- Buy a gun, get reported and have your gun seized without ‘due process’ THEN to challenge this you MUST spend thousands of dollars on an attorney to go to court and ‘prove’ your innocence (HB 2227)
- Lose your rights by being reported by even decades old acquaintances and your property seized ‘without due process’ and forced to spend thousands of dollars on an attorney to go to court and ‘prove’ your innocence (HB 2227)
The Talking Points on this legislation can be found below:
- HB 2227 - https://foac-pac.org/uploads/talking_points/A-HB-2227-Extreme_Risk_Protection_Orders-FOAC-Review.pdf
- HB 2060 - https://foac-pac.org/uploads/talking_points/A-HB-2060_pn3820-FOAC_Language_Problems-Final.pdf
I am going to close with the fact that this legislation is an Existential Threat to our rights and is a TURNING POINT for the Right to Keep and Bear Arms. We NEED and MUST HAVE your calls, e-mails and ‘presence’ in Harrisburg on Monday and Tuesday!
The straight forward message YOU MUST TELL PA HOUSE MEMBERS is to OPPOSE both bills! No Compromise, no Deals, no Amending either one as their core structure is irredeemably flawed.
Go HERE to find the contact information for EVERY PA HOUSE MEMBER: https://foac-pac.org/PA-Legislator-Info and to find House Committee members you can go here: https://foac-pac.org/PA-House-Committees - we’ve given you the tools so now this is a no ‘excuses’ moment! The apathy of gun owners has put ALL OF US in this predicament and we are now faced with a put up or shut up moment! We have done all we can to stop these bills and NOW it is up to you to Stand Up and Be Counted or RUE THE DAY if these pass!!
Yours in Freedom,
Kim Stolfer, President
Gun Control Coming to Pennsylvania Through House Judiciary Committee Meeting - June 19
We live in a troubling and challenging time for our constitutional Freedoms! Never in the history of our nation and state has our Constitution and rights been under such an assault! Frankly, it is shocking to hear politicians openly disrespecting the Constitution as well as our fellow citizens. Ignorance, apathy, arrogant and insidious innuendo all seem to be part and parcel of today’s willingness to shed our Freedoms in favor of totalitarian and invasive concepts!
The recent exchange between two Republicans, Pennsylvania State Representative Rick Saccone and Representative Warren Kampf, illustrates the disregard far too many in office hold for the Constitution! During this exchange Representative Kampf chided Representative Saccone for bringing up the Pennsylvania Constitution by saying (I’m paraphrasing) get off that Constitution crap!
Into this backdrop of constitutional friction, we find ourselves thrust into the greatest gun-control Porsche we have faced in Pennsylvania in the last 15 years! After seven (7) lengthy Judiciary Committee hearings on the issue of gun control (the first six of which were focused on more regulation and restrictions) the committee is focused on advancing nine different gun - related bills on June 19, 2018!
In the first six hearings in the Judiciary Committee the anti-gun groups, wearing their trademark red shirts, prorated their socialist ideals for all to see and yet gunowners sat on their hands choosing to ignore the very real threat that they posed! There are 14 gun clubs within a 30-minute drive of the Pennsylvania State capital with a rough estimate of over 85,000 gun owners and yet no participation from them at these hearings.
You may be wondering why this information is just coming out now but the fact is that the agenda for the Pennsylvania house judiciary committee did not get released until late Friday as we have been working hard for the past week at trying to discern whether these bills would even run since the committee put off this legislation on June 12. If nothing else leaders in Harrisburg have learned that given enough time the average Pennsylvania citizen will reject gun control overwhelmingly so they run these things at the last minute hoping that you don’t care or don’t have the time to get involved.
The list of legislation is below that will be considered this coming Tuesday:
- HB 2463 – Nelson – Makes 3 critically important changes to PA law and firearms ownership for individuals who have been involuntarily committed.
- Removes the prohibition for firearms ownership for individuals committed through the 302-examination process.
- Provides a pathway to reinstate the Right to Bear Arms
- Requires that the PSP Update NICS within 72 hours of any change to a RKBA disqualification.
FOAC Position: Support – dependent on language of 2 filed amendments A07403 and A07614
- HB 2275 – Grove/Briggs – Adds prohibiting category of attempt/solicitation to commit crimes in 6105 or ‘any’ crime with punishment greater than 2 years
FOAC Position: Neutral
- HB 2267 – Cruz – Shortens Mental Health Notifications to PSP from 7 days to 3 days-Title 18-UFA
FOAC Position: Neutral
- HB 2266 – Cruz – Shortens Mental Health Notifications to PSP from 7 days to 3 days-MHPA
FOAC Position: Neutral
- HB 2227 – Stephens – ERPO -Extreme Risk Protection Orders
FOAC Position: Opposed to original bill but could shift to ‘neutral’ depending on language of any amendments.
- HB 2060 – Quinn – 3rd Party Elimination – PFA’s – Original Version has Due process and surrender problems. Similar to 1st version of SB 501 prior to amendments – ‘Must’ be amended!
FOAC Position: Oppose ‘unless’ amended with language from SB 501 then FOAC is ‘Neutral’
- HB 1872 – Dean / Costa – this legislation bans ‘any’ this bill would ban the possession ‘and’ sale of “Multiburst Trigger Activators”, and even their part or parts, that accelerate the rate of fire of any firearm. Notice that this grandfathers in previously possessed “Multiburst Trigger Activators” but would prohibit their transfer to any Pennsylvanian in the future ‘and’ that includes firearms so equipped ‘or’ replacement for wear and tear. Draconian Legislation!
FOAC Position: Opposed
- HB 1400 – Santora – This bill requires a background check for ‘all’ firearms sales or transfers in Pennsylvania. This would end the private transfer of all rifles and shotguns. HB1400 is deceptive in providing a supposed benefit of allowing a second purchase of a firearm (at a gun show) if previously approved within 72 hours.
“Universal background checks…. Effectiveness depends on … gun registration….” So says the
National Institute of Justice, part of the Obama Justice Department, in a 2013 study. Criminalizing
the transfer of firearms between law-abiding citizens – the only ones who would undergo background
checks – has nothing to do with preventing violence, but everything to do with registering gun
FOAC Position: Opposed
- HB 273 – Donatucci – Voluntary Self-Exclusion from Firearm possession, purchases or transfers. Length of time on list – 1 year, 5 years or Lifetime.
FOAC Position: Oppose ‘unless’ amended by A07354 then FOAC is ‘Neutral’
After reading the above legislation, and knowing the forces allied behind pushing much of it, hopefully you will understand the gravity of this situation! Below you will find contact information for every member of the house judiciary committee:
The House Judiciary Members are:
- Chairman Ron Marsico – (717) 783-2014, Fax: (717) 705-2010
Perhaps our time has passed for respecting our Constitution and our Freedoms will be going the way of the dodo bird? Perhaps we are rooted in old world concepts and are no longer relevant? Standing up for our Constitution and Freedoms is neither easy nor convenient but it is our duty as citizens!
On June 19 we will see how many gun owners in the Commonwealth agree because one thing is certain the redshirted socialist simpletons will be parading around the halls of Harrisburg, as they have been for the last four months, working to take away your Freedoms.
I know I will be there and I’m hoping you’re willing to sacrifice your time and join me!
PS: Happy Father's Day!
Kim Stolfer, President
Anti-Gun Protest TOMORROW (3-24-2018) at the Beaver County Courthouse
PLEASE see the alert below from our Beaver County Partners:
Beaver County Sportsmen’s Conservation League 2nd Amendment Supporters,
On Saturday, March 24th, there will be an anti-gun protest at the Beaver County Court House. American Patriots, who understand the Constitution to be the law of the land, specifically the 2nd Amendment, will also be there to show our support for our constitutionally guaranteed Right To Keep and Bear Arms.
There’s a lot of anti-gun energy moving our way, and it’s up to us, the American Patriots and gun owners to defend what we believe in, if we want to keep it.
We will gather at 11:30am across the street from the court house. Pease join us. If you have a pro-gun sign, bring it along.
Thank you for your help.
U.S. House Judiciary Passes Nationwide CCW Legis (HR 38) - 19-11
Thank you for all your hard work in reaching out to Congressmen regarding National Concealed Carry Reciprocity (HR 38)!! There is great news to report in that the House Judiciary Committee today passed, by a 19-11 vote, the National Reciprocity, Constitutional Carry-friendly, legislation – HR 38 (by Rep. Richard Hudson (R-NC) – was voted out of the House committee and is now on its way to passage by the full House.
Overview: This legislation would allow anyone with a License To Carry Firearms, and anyone from a Constitutional Carry state, to carry in ANY state in the country -- thereby countering the unconstitutional, socialist laws of anti-gun states. This legislation also provides legal protections for citizens who are arrested by ignorant anti-gun local officials who ignore the law.
The legislation includes the legal definition of "handgun" to include "any magazine for use in a handgun and any ammunition loaded into a handgun or its magazine."
This would circumvent efforts by states like Massachusetts and California to effectively ban guns by banning and/or registering magazines and ammo.
Suffice it to say that pushing the GOOD version of reciprocity to the verge of House passage and enactment is a huge accomplishment which should not be underestimated.
As we all expected, anti-gun Democrats tried to water down the inclusion of protections for Constitutional Carry and by a 17-8 vote, Republicans defeated an anti-gun amendment offered by Rep. Jamie Raskin (D-MD) that would have limited concealed carry reciprocity to permit holders only.
The House Judiciary Committee also passed a "Fix NICS" bill which we are watching closely.
Both bills now advance to the floor of the House.
U.S. House to Act on Nationwide Concealed Carry Recognition - Nov. 29th
The time we have ALL been waiting for has come and NOW is the time we need YOUR help!
Federal gun control hearing is next week!
If you think Republicans will prevent gun control from passing through Congress, you are wrong. On Monday, Senate Judiciary Chairman Chuck Grassley (R-IA) told “The Hill” that he is acceding to demands by Democrat (and perennial gun banner) Dianne Feinstein (D-CA) to hold hearings on “firearms accessories.”
Unfortunately, the NRA strategy of kicking this over to the BATFE in the (flawed) hope that they would institute a regulatory solution to so-called “bump stocks” has backfired as the BATFE kicked the can back to Congress.
This isn’t just about ‘bump stocks’
And if you think this is about banning the “bump stocks” nobody likes, you are equally wrong.
With anti-gun Democrats and the media still at full-throated roar, roughly two dozen gun control bills have been introduced in the weeks since Las Vegas. While most of those won’t see the light of a committee hearing, the so-called “bump stock” bans in the House and Senate will.
And what can you expect from the bills to see hearings in Grassley’s committee? By covering anything which “accelerates the rate of fire of a semi-automatic rifle,” banned items would include:
- Optical sights, particularly non-magnifying reflex optics designed to get the shooter on target more quickly;
- Trigger jobs or systems which allow the shooter to fire more quickly;
- Muzzle compensators which reduce recoil to get the gun back to the target quickly; and
- What else? Frankly, it’s impossible to know.
And yes, the “slippery slope” which House Minority Leader Nancy Pelosi “certainly hopes” will lead to further gun control will almost certainly lead to debate over “high” capacity magazines, as in the ban introduced by Representative Elizabeth Esty (D-CT).
‘Good guy’ with an AR-15? They don’t care
The ostensibly “mainstream” media is doing its best to gloss over the fact that in the horrific church shooting in Sutherland Springs, Texas, it was not only a “good guy with a gun,” but a good guy with an AR-15 who stopped the killer by shooting him at least twice. Stephen Willeford is an American hero.
But they don’t care.
Yes, this is the third time in recent years in which an armed private citizen has stopped a mass homicide in a church.
But they don’t care.
Yes, gun control failed again as, for the second time in recent weeks, the killer underwent a NICS check to get his firearms.
But they don’t care.
Nope, the gun ban advocates care about one thing and one thing only: That they have an opportunity to ban your guns in order to better control you.
What will stop gun control?
It’s been said that, “The only thing that will stop a bad guy with a gun is a good guy with a gun.” Well, I’m here to tell you that the only thing that will stop a gun ban organization with clout is a no-compromise gun rights group with clout.
FOAC is exactly that no-compromise gun group, not only at a state level, but also in fighting federal gun control.
Right now, we can’t do what we need to…
The problem is that right now, the problem our side faces is that we just want to be left alone. So when we win an election, we go back to our lives.
But the left doesn’t think that way. They want control – control over YOU. Consequently, they never go away, they never stop, they never sleep. They just keep coming back again and again until they get what they want which is, in this case, the end of the Second Amendment.
I need you to do three things
YOU must immediately take three actions to defend our liberty:
Immediately make three phone calls to Sen. Pat Toomey from Pennsylvania and your Congressman (contact info here) and Senate Judiciary Committee Chair Chuck Grassley and let them know that NO GUN CONTROL IS ACCEPTABLE. Call Toomey at (717-782-3951), and call Grassley at (515) 288-1145. (Yes, these are their district offices, not their Washington offices).
With your help, we will once again prevail.
Armatissimi e liberissimi,
(Most armed and most free)
Kim Stolfer, President
Pittsburgh City Councilman Dan Gilman Moves to 'Illegally' Ban Guns in City Parks
Pittsburgh City Council will vote on banning firearms in City Parks in 'direct' violation of Pennsyvania Court precedent (FOAC v. Lower Merion) and Pennsylvania law as well as a 1994 court order where the City of Pittsburgh agreed to abide by ALL Pennsylvania Law regarding firearms. Pennsylvania law (Title 18, Section 6120) removes ALL authority from municipalities and cities regarding banning or restricting firearms.
Please make your voice heard about this clear violation of Pennsylvania Law that is even a Misdemeanor 1 criminal offense (Title 18, Section 6119).
Councilman Gilman's office can be reached through this link: http://pittsburghpa.gov/council/district8/index.html
Since this will be 'another' costly preemption fight we would very much appreciate your dedicated contribution to help us fund the upcoming legal action to stop this in the courts. Please consider donating through our website donation portal here: https://foac-pac.org/Donate
Thank you for all your interest and support!
Kim Stolfer, President
Problems with SB 383 - Arming Teachers Legislation
We strongly support giving teachers the Choice AND Right to be armed to defend themselves! Twenty-four states now allow teachers and staff to carry, though the rules vary across states. Alabama, Utah, New Hampshire, and parts of Oregon leave it up to the teachers and staff to carry. For example, in neighboring Ohio, at least 40 school districts allow teachers to carry.
However there are significant issues with SB 383 regarding the requirement for a teacher to disclose, and provide proof, of possession of a License to Carry Firearms. In 1995 access to License To Carry Firearm information was made confidential due to concerns that disclosure could put citizens at risk. These concerns have been borne out in other states that do not have these controls. Security of this information, and accountability for its' release is 'not' an insignificant concern!
Yesterday in the PA Senate, Senator Street added an amendment that teachers who wish to carry would be required to be psychologically evaluated! This raises a host of issues not the least of which is the anti-gun mantra of requiring psychological testing to even 'own' a firearm.
Certain aspects of this legislation is deeply troubling and we cannot support it at this time. SB 383 is up for final (3rd) consideration today and the PA Senate convenes at 1 p.m. Please keep in mind that Senator White is a 'very good' Senator and I don't think that he has been made aware of all of these concerns properly!!
Breaking News: PA Game Commission Commissioners REFUSE to Authorize Semi's for Big Game
The PA Game Commission Commissioners are meeting right now for their quarterly meeting and the Commissioners have stabbed gun owners and hunters in the back by REFUSING to authorize Semi-Auto firearms for hunting big game!
No matter how you slice this betrayal of trust, this is a huge victory for anti-gun groups which will spin this as a gun safety issue despite the record across the nation of success!
It is clear the Commissioners do not value rights the way you and I do! I suggest everyone consider reaching out and communicating your displeasure with this gift to the foes of Freedom to the PA Game Commission by visiting this link and using whichever method you prefer: http://www.pgc.pa.gov/InformationResources/AboutUs/ContactInformation/Pages/default.aspx
More developments to come. . . . .
Governor Wolf Signs Semi-Auto's in Hunting Legislation - HB 263
Today Pennsylvania moved out of the dark ages when Governor Wolf signed HB 263 into law providing for the lawful use of Semi-Auto firearms and air rifles in hunting. This legislation will end a decades long unfounded prejudice against these types of firearms. Please take a moment to reach out and thank your state Representative, your state Senator and Governor Wolf for supporting this important legislation!
Also, PLEASE reach out and let your friends and fellow hunters know that these changes on the use of these firearms will NOT take effect until the 2017 hunting season as the PA Game Commission will have to craft the regulations governing the suitable ammunition calibers and magazine capacities as well as the game animals where these firearms will be permitted. The focus now, for all of us, should be on contacting the PA Game Commission (PGC) Commissioners and insisting that the use of these firearms should encompass Big Game hunting (i.e. Deer & Bear) and 'not' be limited to a small number of game animals. In the hearings before the House Game & Fish Committee this year PA Game Commission Exec. Director Matt Hough' testimony indicated a reluctance to allow the widespread use of these firearms, which is an unsupported and unfounded bias and prejudice based in political speak.
Interestingly, Germany (known for their tough gun control) has recently authorized the use of these firearms for hunting in that country.
These firearms help women and youth engage in the hunting sports more effectively due to the diminished recoil and adaptability of these firearms. In addition, they provide for faster follow up shots so that wounded game can be more humanely harvested.
The PA Game Commission has a working group meeting coming up on December 5th and we encourage all interested hunters who would like to use these types of firearms to reach out and communicate your support to the PGC Commissioners.
Harrisburg Legislative Update - HB 263 & HB 869
This morning there will be a final voting session prior to the election (the legislature 'may' come back in November-Sine Die) and there has been furious wrangling over two bills that you should know about.
HB 263 (as amended in the Senate) will legalize the use of 'air rifles' and 'semi-auto rifles' in hunting. This bill is on the 'marked' calendar for voting today.
HB 869 is a bill that has been amended 4 times distorting it all out of shape and the animal rights extremists have added dangerous language that could lead to limitations and lawsuits for bird hunting and things like pigeon shoots. See the language from the bill below:
"DOMESTIC FOWL." ANY AVIS RAISED FOR FOOD, HOBBY OR SPORT.
This language was added in the Senate and is not used anywhere else in the bill. This bill was supposed to protect 'dogs and cats' from abuse, a laudable goal. However, it appears the 'animal rights extremists' have manipulated the language to provide them an advantage in court against hunting and training dogs with live birds. This bill is scheduled to be amended in the Rules Committee and if you have time this morning please contact the Rules Committee members and ask them to correct the language above as well as the language in the 'Torture' sections of HB 869.
Thank you for your attention to this last minute request!
Your FOAC Freedom Team
Important End of Session Vote Coming in Senate and House - HB 263 - Please Help!
Tomorrow the PA Senate and House will consider HB 263 which has been amended with legislative language to authorize the use of semi-automatic firearms for hunting as is legal in 'ALL' other states.
We are asking for your help in reaching out to your State Senator 'and' your State House member, as well as the Senate and House Leadership, to ask them to pass HB 263, as amended today in the Senate. There were 11 Senators who voted against this legislation but 39 voted for it.
FOAC members will find all the Senate and House legislators contact information in their Member's section of the FOAC website. If you are not a member 'yet' please go to the PA Legislator FOAC page for the listing of every PA Senate and House member along with their contact information.
I also want to thank all of you for your continued patience and persistence in keeping up the pressure on the legislature. Your frustration at the lack of action by the leadership in Harrisburg on critical Pro-Gun legislation is not lost on all of us and we share it. Much of this is directly connected to the flood of Millions of Dollars of anti-gun billionnaires donating to anti-gun groups to advance gun control at the expense of the truth. Your involvement is the ONLY thing stopping the anti-gun groups and I cannot thank YOU enough!
Your FOAC Freedom Team!
Preemption Legislation (SB 1330) Sweeps Through PA Senate-NOW on to PA House
In a clear sign of rejecting the lies of the anti-gun groups such as cease-fire PA and mom’s demand action, today the Pennsylvania Senate voted overwhelmingly in favor of SB 1330, strengthening of Pennsylvania firearms preemption law, by a vote of 30 – 19 the legislation passed.
It is important to remember that we have dozens if not hundreds of communities throughout the Commonwealth of Pennsylvania which are arrogantly thumbing their nose at Pennsylvania criminal law and passing their own local laws in defiance of not only the crimes code but also the “equal protections clause” of the Constitution!
We ask that you take two actions now. First reach out to your House of Representatives member and ask them to support SB 1330. Then also reach out and contact your Senator to thank him/her ‘if’ they supported SB 1330. Also please share your dissatisfaction with the 19 Senators who violated their oath to uphold Commonwealth law and ‘not’ put citizen safety and well-being at risk, which each of these Senators did by opposing this common sense bill!
Contact information for the 19 infamous crime supporting Senators is below:
- Patricia Vance email@example.com; (717) 787-8524
- John Blake firstname.lastname@example.org; (717) 787-6481
- Art Haywood email@example.com; (717) 787-1427
- Rob Teplitz firstname.lastname@example.org; (717) 787-6801
- Jay Costa email@example.com; (717) 787-7683
- Andrew Dinniman firstname.lastname@example.org; (717) 787-5709
- Lawrence Farnese email@example.com; (717) 787-5662
- Wayne Fontana firstname.lastname@example.org; (717) 787-5300
- Vincent Hughes email@example.com; (717) 787-7112
- Shirley Kitchen firstname.lastname@example.org; (717) 787-6735
- Daylin Leach email@example.com; (717) 787-5544
- John Sabatina firstname.lastname@example.org; (717) 787-9608
- Judy Schwank email@example.com; (717) 787-8925
- Christine Tartaglione firstname.lastname@example.org; (717) 787-1141
- Sean Wiley email@example.com; (717) 787-8927
- Anthony Williams firstname.lastname@example.org; (717) 787-5970
- Stewart Greenleaf email@example.com; (717) 787-6599
- Thomas McGarrigle firstname.lastname@example.org; (717) 787-1350
- Thomas Killion email@example.com; (717) 787-4712
You can find PA House of Representatives contact information at this link:
Time is short and there is very little opportunity to see this bill through the legislative process and put SB 1330 on the desk of the governor so we need all of you to focus and put as much energy as you can into passing this legislation!
Thank you for paying attention to this important update and for being so passionate about defending the freedom so many in this nation have sacrificed for!
In deepest gratitude,
Kim Stolfer, Pres.
Arrogant Anti-Gun Legislators Derailing PA Legislative Process
I try not to burden you with a lot of e-mails but this one is significant. As you may know we have been working to advance pro-gun legislation in Harrisburg and are on the cusp of two of our issues being addressed, finally!
These bills involve preemption (HB 2258 & SB 1330) and semi-auto firearms for hunting (SB 737) and are all keyed up and ready to go EXCEPT we are being held hostage by anti-gunners and money and ‘apathy’ among our ranks!
We are being blocked by a concerted effort from anti-gun groups through their minions of evil (anti-gun legislators) in a historic show of abuse of the political process. HB 2258 has had 242 amendments filed AGAINST it and this is a record. SB 737 has had 19 amendments filed against it. The end goal is to force leadership to pull the bills from consideration.
We are being "terrorized by a small group of misfits" in and outside of the legislature who are abusing the process to stymie legislation that has overwhelming support. Republican Leadership AND Democrat Leadership need to be united in opposition to these tactics! Contact information, including phone ‘and’ e-mail address, for Republican and Democrat leadership is available at the links below:
Republican & Democrat Leadership Contact Info (from the FOAC website):
- Speaker of the House – Rep. Michael Turzai
- House Majority Leader – Rep. Dave Reed
- House Majority Whip – Bryan Cutler
- House Minority Leader – Frank Dermody
- House Minority Whip – Michael Hanna
Also, PLEASE contact your PA State House Member today as well!! If you don’t know who that is then click the link below to search using your address for your legislators.
I’m laying this in your laps because gun owners are faced with an ugly reality! IF we do not get more of our friends and family involved and calling their legislators and leadership of BOTH parties then I fear our ability to get ANYTHING passed will be impossible.
What is even more critical is that the NEXT step for them is to force anti-gun legislation to be passed or these political whores will shut down work on other bills.
I’m sorry but I have done everything I can think of and have been warning you of this coming evolution of the political process for a while. Well it is HERE now. Either get involved now or plan on PA becoming New Jersey in the not too distant future and prepare to surrender your firearms because what is going on now is ONLY going to get worse!
Sorry for the bad news but I’m NOT going to sugar coat the dire situation we are faced with!
Thank you for considering this important message!
Yours in Freedom,
Critical Firearms Preemption Legislation - HB 2258 - Coming Up in PA Judiciary Committee
The PA House of Representatives Judiciary Committee has scheduled a voting meeting for tomorrow, 9/20 – 10 a.m., to vote on four (4) bills one of which is HB 2258, Rep. Mark Keller’s Firearm Preemption legislation. This would strengthen Pennsylvania's preemption statute, as was passed in 2014, and help to discourage PA municipalities from enacting ‘illegal local’ gun laws.
We are asking you to call and/or e-mail Judiciary Committee Chairman Rep. Marsico and respectfully request that he bring House Bill 2258 to a vote and that he support the bill. In addition, please also contact all the members of the Judiciary Committee, as well as your Representative, and ask that they support House Bill 2258.
You can find all the Judiciary Committee Representatives e-mail addresses compiled in your Members Area of the FOAC website once you are signed in to the site. The section of the members area you will see will look like the picture below:
This legislation, HB 2258, provides for the recovery of legal expenses incurred, by gun owners or organizations, when local municipalities are sued for enacting local ordinances, or continue to maintain them, in violation of PA Preemption Law, Title 18 §6120 Limitation on the regulation of firearms and ammunition.
Points for to consider using with Legislators:
Are YOU aware that:
- Communities that enact their own ordinances/laws are in direct violation of, not only, PA law but also the Ortiz Supreme Court decision (1996) and Dillon’s Rule?
- The Home Rule Charter also prohibits the enactment of ‘any’ law regarding firearms by ‘any’ community covered by this charter?
- These community officials are engaging in outright criminal (Title 18, §6119) and civil disobedience with the intent to flaunt and violate state law believing they have immunity from liability and prosecution?
- That citizens and private volunteer organizations have, and are, spending their own money trying to reinstate the rule of law?
- These violations are occurring with the tacit approval of the state District Attorneys who have the authority to act and are refusing to hold these local officials accountable?
What this law will do:
- Provide a legal means for individuals and organizations who successfully sue these local municipalities to hold them financially accountable thus preserving and protecting the rule of law and empowering citizens with the ability to fight city hall and be compensated fairly for expenses incurred.
- Adds a specific option for damages IF local government enacts a law contrary to the Preemption section §6120 Limitation on the regulation of firearms and ammunition or 53 Pa.C.S. § 2962(g) (relating to limitation on municipal powers).
If a court of law finds that it was an ordinance that violates Pennsylvania Preemption law (Title 18, §6120), the local government shall pay the actual damages and reasonable attorney fees and costs to the party who successfully challenges the regulation.
This is critically important legislation to halt the spread of anti-gun groups, and their minions in local government, who act in violation of PA Laws.
Thank you, in advance, for your attention to this important Alert!
Yours in Freedom,
Kim Stolfer, President
Breaking News: Obama ATF Announces Backdoor Ammo Ban!
This is not a drill. The Obama administration just implemented a new regulatory change that has sent the entire firearms industry into a tailspin overnight.
A key ingredient necessary for making gunpowder has been re-classified as a high explosive, making it illegal for any company within the industry to transport or store it as they have for decades.
It all stems from how the ATF regulates a chemical compound known as nitrocellulose. For decades, the firearm industry has been allowed to store and transport wetted nitrocellulose without having to treat it as a high explosive. Manufacturers deliberately mix the chemical compound with water to make it less volatile.
Overnight, the ATF just completely changed its regulations, turning everyone in the ammunition industry into felons if they do business the way they have for decades.
The entire industry is now at a standstill. Without nitrocellulose, you can’t make smokeless gunpowder. Without smokeless powder, there’s no ammunition.
Contact your Congressman please!
Go here to find PA Congressmen: http://foac-pac.org/Federal-Legislator-Info
Urgent Congress Still Pursuing Gun Control - Newest Bill - HR 5611
This is a fast developing situation on expanding the denial of owning a firearm because you or I are on some kind of list. The latest version of the attack on our 2nd Amendment Rights is embodied in HR 5611 (HB 5611 on FOAC Site) and it contains many flaws. Some of the worst problems are identified below for your review and consideration.
Problems identified in this proposal:
- Guilty until proven innocent
- Secret lists still determine one's rights
- Denied individual still fronts legal fees
- No provision for discover making a legal defense difficult at best
- No right for defense team to discovery
- No right for defense to file emergency/expedited petition
- Language connects 922 g & n thus expanding the scope of the reasons for expedited denial
- Nothing in this bill would change what happened in Orlando and is a solution in search of a problem
Unless these problems are corrected we cannot support this legislation.
Please contact your Congressman and tell them to oppose this legislation until these issues are addressed and 'no' American is put through the requirement to 'Prove' their innocence to the government.
Your FOAC Freedom Team!
Important Firearm Law Preemption Bill - SB 1330 - Moving - YOUR Support Needed
SB 1330 is critically important Preemption Legislation that would restore what the PA Supreme Court took away when they struck down ACT 192 last week. Preemption of firearms laws is important in maintaining one set of rules and laws that is uniform across Pennsylvania. In 2014 the legislature signed HB 80 into law, as ACT 192, and this legislation simply provided for standing and recovery of legal fees if local communities enacted or maintained illegal firearms laws. Over 100 communities have these illegal laws in defiance of Title 18, Section 6120 (crimes codes) and District Attorneys are 'not' stopping these laws as they should. Philadelphia, Pittsburgh, Allentown are a few of the main violators of this law.
Please contact your PA State Senator and ask for his/her support when this bill comes to the full floor for a vote. Information on PA State Senators can be found here: https://foac-pac.org/PA-Legislator-Info