PA Bill Number: HB440
Title: In criminal history record information, further providing for expungement, for petition for limited access, for clean slate limited access and for ...
Description: In criminal history record information, further providing for expungement, for petition for limited access, for clean slate limited access and f ...
Last Action: First consideration
Last Action Date: Sep 22, 2020
Rally to Protect Your Right to Keep and Bear Arms - 09/29/2020
Capitol Building 501 N 3rd St.
FOAC Monthly Meeting - 10/11/2020
South Fayette Township Municipal Bldg. 515 Millers Run Road, Morgan, PA
US General Election - 11/3/2020
United States of America 1600 Pennsylvania Ave NW, Washington, DC
FOAC's Weekly Message For Saturday August 8th 2020 :: 08/08/2020
The August FOAC Membership Meeting (Aug. 9th) will be online (only) for all members and interested Second Amendment advocates. The stay-at-home order and mandatory mask order of Gov. Wolf (which is still in effect), caused us to cancel the in-person meeting and will be totally online.
Meeting Connection Details (also available at the end of the newsletter) are as follows:
Join the FOAC Meeting by Clicking the Link Below: https://us02web.zoom.us/j/88542584409
**Please Note: To join this FOAC meeting you must RSVP by sending an e-mail firstname.lastname@example.org and the Meeting Password will then be e-mailed to you by one of the officers. (Time: 10:00 a.m.)
**On Monday (Aug. 8), beginning at roughly 10 a.m., there will be interruptions in the FOAC website operations! This will last potentially up to 24 hours as we change over to a new server! We are SORRY for this interruption in service!
In the July 12 FOAC monthly newsletter, we discussed the issue of firearm preemption laws and the lawsuits that we have engaged in as well as the Amicus Briefs that have been filed in support of local governments being allowed to enact their own local laws on gun ownership.
This month it seems appropriate to build upon that by discussing the legacy gun control issues that have formed the foundation of 'some' of the significant problems we, as 2nd Amendment activists/advocates are facing here in Pennsylvania; issuance of licenses to carry concealed firearms and government restrictions on the exercise of the Second Amendment.
For long-time FOAC members who have been following our legislative and political efforts, it will come as no surprise that we are less than complimentary of the problematic Pennsylvania Instant Check System (PICs) that conducts firearm background checks as an adjunct to the Federal NICS system. As we forecast back in 1995, the PICs system has become interwoven into the fabric of so many aspects of law enforcement actions and citizens’ rights that it has, in our opinion, become destructive of its own ends! First, it seems important to focus on the fact that the Pennsylvania State police, in creating this system, were charged with the solemn duty and responsibility; to manage the exercise of a constitutional right in accordance with constitutional standards and the law. So, is this happening and is the Pennsylvania State police living up to this duty and responsibility or has it been a come a political tool? Let’s examine that for a moment.
The background checks conducted by PICs are required not just for firearms but also for License to Carry Concealed Firearms (LTCF’s). (For the purposes of this discussion I will not interject the lack of legality of requiring these background checks through PICs for LTCF’s.) Let’s also remember that the current Pennsylvania Gov., Tom Wolf, is a dedicated opponent of the right to keep and bear arms.
Issuing LTCF’s right now is a significant problem for many across Pennsylvania. Some sheriffs issue licenses by appointment only, thus leading to significant backlogs of citizens waiting for the issuance of these licenses by months, while other sheriffs have resumed normal operations and all of these problems are, as you know, in the shadow of the restrictions over Covid 19.
Here’s where the legacy issues of enabling a large statewide agency, like the PSP, to manage the exercise of a constitutional right has become a bureaucratic nightmare. The insinuation into the process of issuing LTCF’s by the PSP/PICs has allowed that bureaucratic nightmare system with its many failures to dictate the successful issuance of these licenses. Background checks through the PICs system slow down each and every day from roughly noon until close of business. The slowdowns amount to 1 to 2 hours or more for each and every background check. So, you can imagine what this does to the appointment schedule for Sheriff’s office who cannot manage the people in his facility properly if there is a long backlog of background checks that the PSP/PICs system has failed to act upon in a timely manner!
All of the above, is in addition to the incomprehensible and chaotic system breakdowns that further burden the citizen from exercising their constitutional rights and acting within the law and hampers the issuing authority from complying with the law.
FFL’s/Gun Dealers Facing this Same Struggle!
Now let’s transpose the same problems onto the difficulties faced by gun dealers trying to comply with the dictates of Comrade Wolf, our governor! Social distancing only allows gun dealers to have so many people in their dealership at any one time. So when you want to purchase a firearm (exercise your lawful rights) and you go to a gun dealer and there’s a line of 40 or 50 people waiting outside complying with social distancing and the PICs system goes down or is delayed significantly how long will you wait in line to get your firearm? If this happens on a daily basis, as it has been without any explanation from the Pennsylvania State police, what is your recourse? What would you do if your family’s income depended upon your ability to operate as a lawful gun dealer and these governmental obstacles prevent you from putting food on your table? When does all of this end?
Impact of These Problems!
We have discussed this before but the impact of not being able to get an LTCF under the current emergency conditions means that if you do not have that license to carry you cannot take your personal firearms off your own property anywhere in Pennsylvania for any reason. This is in accordance with Pennsylvania law title 18 section 6107.
Gov. Wolf is clearly aware of these problems and a conspiratorial person could say that he has done this intentionally although I believe that that is giving him far too much credit! But, is he capable of allowing his PSP, and executive office agency, to operate without any accountability for their solemn duty and responsibility to manage and respect a citizen’s constitutional rights? I think it is clear that he is that unscrupulous. Herein lies the problem and why we believe the PICs system must go away because it is unaccountable to the people and the legislature for these problems. There is no recrimination for these acts and they clearly violate the tenets upon which the system was designed and built.
To summarize these problems, Pennsylvania citizens’ rights are predicated upon a system that was designed and built with a high-minded goal of preventing criminals from getting firearms but has become a bureaucratic and political tool without adequate legislative oversight. Perhaps, it would be unfair for us to say “we told you so” because in the end result that changes nothing. This is why we have worked diligently to present legislation to rectify these problems – HB 1244 (PICs elimination) and HB 1412 (Constitutional Carry).
In the world of politics, it is important to remember what the concept of precedent means. If government can shut down, limit, or delay a constitutional right without any type of challenge or accountability then that right has been effectively changed, potentially for posterity sake. We find that there are far too many people these days who believe that “the ends justify the means” and who have lost sight of the importance of defending freedom! Remember: Government is like fire, a dangerous servant and a fearful master!
Should Democrats be held responsible for the Crime Wave sweeping through American cities?
From a voters' point of view, we believe it's important to remind people who has been running New York City for most of the last 50 years? Democrats. Who's been running Portland? Democrats. Who's been running Minneapolis? Democrats. So, really the blame needs to needs to be focused on the policies, procedures and attitudes prevalent in those cities by those administrations. Let’s not forget that the Democrats continue to try to hang the albatross around the neck of Pres. Trump for being responsible for all manner of things.
Some would question what motive Democrats would have by allowing such a situation to continue? While the record is clear and blatantly straightforward regarding Democrats views and their philosophy that they never want to waste a crisis. They see a crisis as an opportunity for to increase the power of government, make government bigger, make government more intrusive in people’s lives.
There is a real danger that the mandates enacted during an emergency about what people are allowed and not allowed to do will remain in one form or another once the danger is over.
Former President Obama is involving himself in PA Elections
Obama is backing three statewide PA hopefuls, four candidates for the U.S. House, nine candidates for the state House, and five candidates for the state Senate.
PA Statewide Endorsements included Attorney General Josh Shapiro, Treasurer Joe Torsella, and Nina Ahmad for Auditor General. Shapiro is facing Heather Heidelbaugh in his reelection bid, Torsella is being challenged by Stacy Garrity for his reelection bid, and Ahmad is going up against Tim DeFoor for Auditor General.
For Congress, Obama endorsed two incumbents and two challengers. Obama endorsed Reps. Matt Cartwright (D-Lackawanna) and Susan Wild (D-Lehigh) for their reelection bids, while also announcing support for Christina Finello in her bid to unseat Rep. Brain Fitzpatrick (R-Bucks) in PA1, and Eugene DePasquale’s challenge to Rep. Scott Perry (R-York).
PA State House: Obama endorsed Marlene Katz (HD-29), Lissa Geiger Shulman (HD-30), Brittney Rodas (HD-105), Jonathan Kassa (HD-151), Nancy Guenst (HD-152), Anton Andrew (HD-160), Deb Ciamacca (HD-168), Claudette Williams (HD-176), and Ann Marie Mitchell (HD-178). All nine candidates for the state House that Obama endorsed are challengers for the seats and NONE have answered the FOAC questionnaires.
PA State Senate: Obama endorsed John Kane (SD-9), Janet Diaz (SD-13), George Scott (SD-15), Sen. Pam Iovino (D-Allegheny) (SD-37), and Julie Slomski (SD-49). Of the five candidates for the state Senate that he is supporting in his first wave of endorsements, Iovino is the lone incumbent, while the other four are challenging GOP incumbents.
Should there be Special Rules for Prosecutors and Judges to Carry Firearms?
S.4445 has been introduced (text unavailable) that seems to indicate that there should be special rules set apart from those applying to regular citizens for prosecutors and judges.
Once Highly Respected Democrat Party Has Abandoned the US Constitution and the American People
Here in Pennsylvania, in the 80s and the 90s, there were more a rated pro-gun Democrats in the Pennsylvania house and Pennsylvania Senate and Republicans. Unfortunately, the tide has definitely turned, not only at the state level but also at the federal level with the national Democrat Party no longer making any attempt to hide their antipathy towards our Constitution, the Bill of Rights, and gun owners.
The national Democrats are openly embracing anti-gun messaging and dropping all pretenses of appearing moderate and trying to appeal to some gun owners. The draft 2020 Democratic Party Platform contains a full-throated assault on the Constitution and firearms ownership and is a blueprint for undermining every aspect of the Right to Keep and Bear Arms. Historically speaking, the draft 2020 Democrat Party Platform is the most anti-gun the party has ever put forward.
Released July 21, the draft platform contains the following passage:
Democrats will enact universal background checks, end online sales of guns and ammunition, close dangerous loopholes that currently allow stalkers and some individuals convicted of assault or battery to buy and possess firearms, and adequately fund the federal background check system. We will close the “Charleston loophole” and prevent individuals who have been convicted of hate crimes from possessing firearms. Democrats will ban the manufacture and sale of assault weapons and high capacity magazines. We will incentivize states to enact licensing requirements for owning firearms and “red flag” laws that allow courts to temporarily remove guns from the possession of those who are a danger to themselves or others. We will pass legislation requiring that guns be safely stored in homes. And Democrats believe that gun companies should be held responsible for their products, just like any other business, and will prioritize repealing the law that shields gun manufacturers from civil liability.
The proposals include so-called “Universal” Background Checks and gun owner licensing, which would turn the right to keep and bear arms into a privilege dependent on the whim of government bureaucrats. The Democrats would empower government intrusions into the home to dictate how Americans keep and store firearms for self-defense and to confiscate firearms without due process based on the flimsiest of evidentiary standards. Moreover, the draft platform calls for a ban on commonly-owned semi-automatic firearms and their magazines, something explicitly prohibited under the U.S. Supreme Court’s interpretation of the Second Amendment in District of Columbia v. Heller.
New Canadian Study on Gun Control Laws: They Change NOTHING!
We routinely castigate lousy research by prejudiced mercenary academics who make their careers publishing poorly designed, illogically interpreted studies claiming that guns are bad and that widely restricting their ownership will solve society’s problems. So, it is really refreshing to review the rare study that gets it right from start to finish.
You should go to the article itself, but here’s the summary. Canada has “progressively” taken the lead over the U.S. in piling up increasing restrictions on gun ownership, notably in federal laws from 1991, 1994 and 2001. Dr. Langmann looked at homicide and suicide rates from 1981 through 2016, which gave unequivocal before, during and after comparisons.
The results: “No associated benefit from firearms legislation on aggregate rates of . . . suicide” was found for either males or females, though there were increases in rates of hanging suicide and poisoning. “No beneficial association was found between legislation and female or male homicide rates.” On the other hand, “an increased association with suicide rates was found with rates of low income, increased unemployment, and the percentage of aboriginals.”
All his data is public and readily available online, unlike the common problem with other researchers generating data but unwilling to share it in order for others to confirm its validity.
**Special Limited Time Offer for FOAC Members**
DOM AGRON is proud to announce that Firearms Owners Against Crime (“FOAC”), Pennsylvania’s Premier Firearm Rights Organizations, has been added to its programs of discount alliance. Members of FOAC will receive 15% off our regular prices during the term of their membership. Just enter your membership number at the time of checkout to get your discount. FOAC members also receive a complimentary copy of the United States Constitution for a limited time. You can claim your copy at www.domagron.com/foac . If you would like more information on FOAC or to join, visit https://foac-pac.org/Premium-Membership.
Is the Violence in Portland a Precursor of What Will Happen with a Trump Victory in November?
Many pundits have been speculating about what will happen if President Trump loses the election. It comes as no surprise that their unsubstantiated conclusion is that Trump will refuse to leave office and will use whatever power he can muster to resist any effort to remove him.
This rhetoric is the same record that has been played out many times before. They said it about Clinton. They said it about Bush. They said it about Obama. And yet, all left office peacefully.
Now, though, they’re saying it about Trump.
Curiously, however, there’s LITTLE talk of what would happen if Biden loses.
So, if Biden loses, what happens? Well, some top Democrats are pondering that possibility.
In other words, there’s a real chance we could see some serious ugliness in this mess.
After all, it’s not like Democrats haven’t made something of a habit of not accepting election results of late, now have they? Hillary Clinton and Stacey Abrams are just two such examples, the latter becoming an outright punchline over it. It’s not a stretch to imagine Joe Biden being among those who might contest the results as well. Let’s also not forget the well-choreographed protests before Trump was even inaugurated as president.
Now, all this said, don’t think I can’t foresee a possibility of civil war if Trump loses, either. Many won’t accept the election results in that case, citing mail-in voting and other things as being used for voter fraud.
In other words, if we’re not very careful, we might start seeing things get even uglier than they have in recent months.
- Board certified doctor (America’s Frontline Doctors) is interviewed by Glenn Beck on Hydroxychloroquine treatment:
- O’Keefe vs FBI: Project Veritas Founder James O'Keefe DENIED Constitutional Right to Bear Arms
- Undermining America: How to tear a society apart!
- Actor Jon Voight on the Do or Die our Country is in!
- Simple questions for Liberals that terrifies Social Media!
- Kim Stolfer was a guest on An Interview with Nigel Broadbent Series discussing Gun Control Issues – this is a two-part video – part one can be viewed at this link.
Recent Op-Eds of Interest:
- Newsweek: Voting Fraud With Mail-In Ballots Is A Real Concern. Just Look Around The World
- At Real Clear Politics: Myths The Media Perpetuate About Gun Control
- At Newsweek: New York Abuses The Legal System To Target The NRA
- At National Review: Limiting Gun Rights While Defunding Police Is A Recipe For Disaster
- At The Washington Times: How The Liberal Media, With Michael Bloomberg’s Help, Are Biased Against Guns
Overall Status of 2nd Amendment Legislation Filed to Date in PA and the US:
2019-2020 Session PA State Bills (updated)
- Pro-Gun Bills: 56
- Anti-Gun Bills: 84
2019-2020 Session Federal Bills (updated)
- Pro-Gun Bills: 65
- Anti-Gun Bills: 148
1st Point to Ponder: Remember the Obama Era Bundy Situation over Cattle Grazing -- is this a Precursor to a Biden Presidency?
Well the 9th U.S. Circuit Court of Appeals has just dismissed felony conspiracy and weapons charges against Nevada rancher Cliven Bundy and his sons and supporters, finding "flagrant misconduct" by Obama administration prosecutors.
The federal government had appealed the dismissal of the case by U.S. District Judge Gloria Navarro, who ruled in January 2018 that prosecutors improperly withheld evidence.
At the time the appeal was pending, Larry Klayman (former Department of Justice lawyer and Bundy’s lawyer) said: "The Department of Justice, which has sadly become known as the 'Department of Injustice,' is going ahead by with its appeal of the dismissal of the indictment a year ago, characteristically 'circling the wagons' to cover the dishonest and unethical tracks of Steven Mahre, Dan Schiess and other prosecutors in the office of the U.S. Attorney for the District of Nevada."
Klayman said the prosecutors "were previously caught lying to the court, suborning perjury, threatening whistleblower Larry Wooten and, put simply, committing crimes."
2nd Point to Ponder: Potential VP Candidate - U.S. Sen. Tammy Duckworth (D-Ill.) Peddles Anti-Gun Myths
Former military veteran Sen. Duckworth (D-Ill.) ‘should’ know more than most about firearms and how they operate. That didn’t stop her, however, from joining Moms Demand Action’s Shannon Watts on Everytown for Gun Safety’s Veepstakes to peddle misstatements and untruths about guns. She’s one of several 2020 Democratic nominees seeking to become Joe Biden’s running mate and Watts was all too happy to play along.
Sen. Duckworth started by perpetuating a gun control myth that the country is awash in automatic guns. Automatic firearms are strictly controlled. Sen. Duckworth leveraged her military background to justify her myopic position to Watts, “Even the military doesn’t provide our troops with fully automatic weapons.” So, did this ‘combat soldier forget’ that ALL M-16’s are fully automatic and different from civilian versions?
Anti-Gunners in Government – Comments on Guns:
One potential candidate for the 2020 VP may have just let her real agenda slip in a recent comment.
Congresswoman Karen Bass (D-Calif.) joined the Everytown for Gun Safety’s Veepstakes and just might have let slip what her gun control goals would be should she join presumptive Democratic presidential nominee Joe Biden on the ticket as his running mate. Speaking with Shannon Watts, Rep. Bass decried gun control’s slow progress in Congress.
“I mean we’ve passed universal registra… uh, universal background checks out of the House! It’s one of the 400 bills languishing in the Senate.”
Media Corruption and Lies:
On Wednesday (8/5/2020), former Deputy U.S. Attorney General Sally Yates dropped a bombshell: she testified to the Senate Judiciary Committee and its chairman, Senator Lindsey Graham (R-South Carolina), that she believed Barack Obama's FBI director, James Comey, bent the law in the course of his spying on the 2016 Trump campaign.
As reported by MRC's Newsbusters, ABC, CBS, and NBC – instead of reporting on Yates' testimony – all "boasted" how Biden decided to deliver his acceptance speech from the safety of his basement in Delaware.
Gun Control Group’s Lies to Remember:
On July 1, more than 13 years since the shooting at Virginia Tech, some of our nation’s strongest gun violence prevention laws went into effect in the home state of the National Rifle Association. If this kind of change can happen in Virginia, it can happen anywhere.
Founding Father’s Statement on Freedom:
"[America's] glory is not dominion, but liberty. Her march is the march of the mind. She has a spear and a shield: but the motto upon her shield is Freedom, Independence, Peace. This has been her declaration: this has been, as far as her necessary intercourse with the rest of mankind would permit, her practice." John Quincy Adams, Speech to the House of Representatives, 1821
How Freedom Dies: International Version
Socialists Establish Police State in Melbourne.
How easily disappears the veneer of civilization and democracy. "Melbourne has become a living hell, not because of the virus (which is still mild) but because of the unleashing of a hellish police state."
Only one person per household, per day, can leave the house (including for groceries). Can't go more than 3 miles from your home. The army is on the streets fining/arresting people.
The Media is EXTREMELY biased, calling protesters "right-wing conspiracy nutjobs" and won't allow discussion of whether these lockdowns are right or not.
Billboard reads: "Staying apart keeps us together."
Others say: “WHAT ARE YOU DOING? STAY HOME”
All because 147 people died in the state of Victoria (total population is 6.359 million); almost all of the deaths are over 70 with comorbidities, same as everywhere else in the world.
The 2020 election will put a strain on the very foundations of our Republic. Unless Americans are prepared to have another Presidential election decided by the courts, we need our election officials to do what it takes to assure we have an election that is safe, fair, and honest. The words of Benjamin Franklin have never rung truer. When asked by a group of citizens what sort of government the delegates to the Constitutional Convention had created, he replied "A Republic, if you can keep it.”
Yours in Freedom!
Kim Stolfer, President
**As a reminder, all FOAC members and, indeed, every gun owner can participate in the August 9, 2020 FOAC Monthly meeting from any PC, Mac, Linux, iOS or Android phone by clicking on the link below:
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