PA Bill Number: SB546
Title: In general principles of justification, further providing for use of force in self-protection.
Description: In general principles of justification, further providing for use of force in self-protection. ...
Last Action: Referred to JUDICIARY
Last Action Date: Apr 9, 2021
FOAC's Weekly Message For Sunday March 28th 2021 :: 03/28/2021
It wasn’t all that long ago, politicians on both sides of the aisle and members of the media would castigate those who dared politicize an atrocity such as what happened in Boulder, Colorado. Unfortunately, it appears, those days are long gone, and we must now endure the immediate politicization of nearly every murderous attack. Democrats from Joe Biden to Charles Schumer to Nancy Pelosi and on down, almost unanimously, blame the Second Amendment, disgracefully scapegoating a fundamental constitutional right that the vast majority of law-abiding American citizens legally engage in and depend upon.
“I don’t need to wait another minute, let alone an hour, to take commonsense steps that will save lives in the future and to urge my colleagues in the House and Senate to act,” Biden bombastically proclaimed in response to the tragedy! “We can ban assault weapons and high-capacity magazines in this country once again.”
As you all know, the “once again,” Biden was referring to was Bill Clinton’s failed 1994 Public Safety and Recreational Firearms Use Protection Act, which banned so-called “assault weapons” and certain magazines yet did nothing to end or even curb “gun violence,” another specious term abused by anti-gun groups and the media. The truth is that semiautomatic rifles were only ever used in the tiniest fraction of crimes, and that remains true to this day, despite the rhetoric of the media. Another point in fact is that following the expiration of Clinton’s gun ban, the number of crimes committed with so-called “assault weapons” actually decreased.
The Boulder murderer, by the way, used a Ruger AR-556, which is technically a pistol, not a rifle and is sold as such.
Like so many anti-gun activists, Biden peddles their myths to justify a return to the Clinton-era “assault weapons ban” is a “commonsense” step that will “save lives.” The record is clear, that avoiding dealing with the true issues of these kinds of crimes by focusing on the instrumentality will raise the violence in our society.
But Biden, drunk on the power of the pen, isn’t going to wait on Congress. “We are considering a range of levers,” explained White House Press Secretary Jen Psaki, “including executive actions to address, obviously, not just gun safety measures but violence in communities.” It remains a mystery as to how anyone in this administration can justify the end around on Congress in dealing with the constitutional rights issue!
Coupling the executive actions above, with the administration’s positions in the courts, paints a very troubling picture. As an example, the U.S. Supreme Court on Wednesday will hear oral argument in Caniglia v. Strom, a case that could have sweeping consequences for policing, due process, and mental health, with the Biden Administration and attorneys general from nine states urging the High Court to uphold warrantless gun confiscation.
It’s almost as if Biden holds Americans in contempt for wanting to protect and hold on to ALL of our Liberty.
One of the more insidious actions coming out of this kind of the debate is how effective the media is being at stifling facts. Now I know what you’re going to say is that they’ve always done this but from my/our perspective it is getting much worse. They are pushing a false equivalency narrative that is causing gun owners to detach themselves because of the constant bickering that doesn’t seem productive on any way dealing with the real problem at hand. We know this is intentional on the part of the media because the continuing controversy allows them to milk the market for all of the financial rewards that the attention brings to them.
The problem with the above is that there is going to come a tipping point where the problems overwhelm us as a society. We’ve seen inklings of this in all of the unrest in our society in the last year. We’ve also been getting more and more contacts from gun owners who are asking us what are we doing to deal with the real problems. It seems clear that gun owners don’t really know who to trust and have a general dislike for what’s being fed to them by the media. This detachment from the debate is leaving them with a sense of futility when if they have been encouraged by the connected gun owners around them, they would realize that there are a lot of initiatives at work to try and address the problems with violence in our society.
At the end of the day, every American, from those who appreciate the Second Amendment to those who hate it, and everyone in between, wants the same things: to protect themselves and their loved ones, and to make our homes, schools and communities safer. This common ground provides fertile ground and opportunities to work together to stop the violent firearms crime we all want to prevent.
This fundamental point of agreement is still perceived as a culture war and, as a result, little has been achieved. The media and unscrupulous politicians milk it for their own purposes! As long this remains the case, we cannot expect anything to change. Fortunately, we believe an opportunity exists, specifically:
We believe that working together, we can build upon other projects and specific initiatives such as was done by former Atty. Gen. Tom Corbett in Philadelphia to cut the number of gun-involved deaths in our state in half and make all of us safer.
Most importantly, in the end, this is going to require a commitment from everyone with altruistic intentions who agree with the fundamental goals of doing everything we can to prevent violent firearm involved tragedies without impacting the rights of responsible gun owners.
I would encourage every gun owner to try and educate your fellow gun owners and friends about resources that they can access to give them more information that they’re not going to get from the mainstream media. Encourage them to use this information to get involved and engaged with local political leaders because we need informed and passionate activists at this most critical juncture in our nation’s history!
Is the Right to Bear Arms an actual right? Not according to the Ninth Circuit
We all know what the Second Amendment says: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” - Second Amendment to the U.S. Constitution.
Here’s what the constitutionally challenged, Men In Black Robes, Ninth Circuit (federal court) judges think of the Second Amendment and our Bill of Rights:
“There is no right to carry arms openly in public; nor is any such right within the scope of the Second Amendment.” - Ninth Circuit Court of Appeals
In Light of the Heller and McDonald decisions in front of the Supreme Court, one has to wonder exactly what kind of medication is being distributed to these ninth circuit judges?!
To add insult to injury, the judges added, “We can find no general right to carry arms into the public square for self-defense.” Instead, they postulated that the Second Amendment applies only to the “defense of hearth and home.” They have reduced the word “bear” to utter meaninglessness.
Just for clarity’s sake, the 7-4 en banc majority of the Ninth Circuit is apparently another example of the leftist school of thought that insists the Second Amendment is all about militias and not the people. Since the Founders clearly stated, however, that the people are the militia, these black robed leftist jurists are plainly wrong.
The court, as Justice O'Scannlain put it in his dissent, “has decided that the Second Amendment does not mean what it says.”
Obviously, it’s time (long past time in our opinion) for the US Supreme Court to provide some clarity on a foundational amendment that is abundantly clear to originalists but has been treated as a second-class right by those in the fourth estate and the privileged elite in our nation.
Attacking the 2nd Amendment Through Science: Microstamping and its’ True Intent
Microstamping is a technology that stamps an alpha-numeric code onto a gun’s cartridge case as it is fired. Anti-gun groups have seized upon this concept and are promoting it as a reliable tool that can help solve gun crimes, identify gun trafficking networks and reduce gun violence, yet serious, unanswered questions remain regarding the true intent due to the limitations of this so-called ‘science’!
The basic theory behind the technology is that a firearm’s firing pin or other internal parts could bear microscopic codes unique to the firearm that could imprint the codes on fired cartridge cases. The codes then contain information like the gun’s make, model and serial number. This acts much like a fingerprint on the bullet. If the gun is then used in any crime, this allows law enforcement officials to enter the found shell casing codes into a database to determine not only the manufacturer of the gun, but even the licensed dealer who sold it, and ultimately the owner.
The goal is to provide an improved piece of trace evidence for forensic investigators, so that they can track a firearm without having to recover it.” Dorothy Kenney, Firearm Microstamp Technology: Failing Daubert and Federal Rules of Evidence 702, 38, Rutgers Computer & Tech. L.J. (2012).
Getting to the methodology of microstamping, this is what the two authors of the Fordham Urban law Journal have to say about it, in relation to standard methods of ballistic testing: “But, suppose an unalterable and unique marking might be placed on a part of a firearm so that any cartridge fired from it could be rapidly traced back to the point of sale by reading the etched marking. A distinct advantage of microstamping is that the marks could be examined at a crime scene using equipment no more sophisticated than a magnifying glass, vastly simplifying and expediting the process of developing investigative leads. Microstamping, if feasible and practical, would have the advantage of imposing uniqueness as a characteristic of ballistics evidence, substituting known and fixed markings for microscopically fine individualizing characteristics that result from random processes in manufacture and weapon firing.” But, would it? The authors of the Fordham Urban Law Journal have their reservations.
Concentrate on the authors’ qualification of microstamping technology through their use of the phrase, “if feasible and practical,” as that phrase appears in the law journal article.
According to a new report released by the anti-gun Educational Fund to Stop Gun Violence (EFSGV).
“The next step is to enact laws that would require microstamping to be incorporated in all new firearms after a certain date, a coalition spokesperson said during a webinar on the topic,” according to WCMH News in Columbus, Ohio, reporting on a webinar the group held this week to announce its report.
“They also want Congress to require that all semi-automatic pistols in the US are equipped with microstamps for their bullets,” the report stated.
Larry Keane, Senior Vice President and general counsel for the National Shooting Sports Foundation, insisted the technology won’t “help solve gun crimes, identify gun trafficking networks and reduce gun violence” as proponents claim.
“There has never been a gun sold anywhere in the world incorporating this patented sole-source technology because it doesn’t work, it can’t work, it will never work,” Keane said via email.
He referred Ammoland News’ Dave Workman to an NSSF report on microstamping. Buried in that report is an estimate that microstamping would add more than $200 to the cost of a firearm.
Microstamping is but one more deceptive trick in the antigun crowd’s Bag of Tricks. And the mainstream news media isn’t interested in telling Americans the truth about the antigun crowd’s singular objective. Quite the contrary; the mainstream media is in on the secret and it is actively involved in spreading lies. It is interested in manipulating the news; not simply reporting it.
In the end the public gives up attempting to sort truth from fiction, reality from fantasy. Sound bites and 2-minute segments cannot hope to address complicated issues. The public doesn’t know anymore, which is understandable. But, worse, many members of the public don’t care. That however is unconscionable. For, what is at stake is no less than the loss of our sacred liberties.
From Dr. John Lott - CPRC:
We put out a major report that we have been working on for weeks showing hard evidence of large-scale mail-in ballot fraud. I recommend that you read the long report that we put together. Missoula, Montana might not be where you think of mail-in vote fraud, but it is the only fairly complete audit of mail-in votes in the November election -- it found at least 7% of the votes were fraudulent. I talked about the findings to Sean Hannity and the Michigan Talk Network. Our work also got a very brief mention on the Rush Limbaugh show. There is a chance that this coming week will see a lot more news coverage of this work.
Much, Much More…..
If you haven’t signed up for updates from Dr. Lott’s Website, I heartily recommend that you do that: https://crimeresearch.org/
Biden Administration Bringing Back Operation Choke Point
The Biden administration is planning to revive Barack Obama and Eric Holder’s infamous anti-gun initiative, a 2013 scheme by which the Obama Justice Department’s banking industry regulators forced certain banks to investigate the business they did with firearm and ammunition dealers and other controversial businesses — such as pawn shops, coin dealers, and short-term loan providers — ostensibly because they were believed to be at a high risk for fraud and money laundering. Thus, through Operation Choke Point, the Obama administration was trying to deny several perfectly legal industries even basic access to the banking system.
Take for example the case of Brian Bookman, a former police officer and Army veteran. As The Daily Signal reported back in 2014, “After researching his case on the Internet, Brookman says he concluded that his banker, JP Morgan Chase, closed the account because two of his business activities - dealing in vintage coins and selling firearms - were labeled ‘high risk’ by federal government bureaucrats as part of an Obama administration initiative called Operation Choke Point.”
Under President Donald Trump, however, Choke Point was terminated by the Justice Department in 2017. “And by the end of the former president’s term,” writes Jon Dougherty in BizPac Review, “the Office of the Comptroller of the Currency [OCC] issued a ‘Fair Access’ rule instructing large banks to provide financial services to businesses and individuals irrespective of political considerations.” Just eight short days after taking office, Biden’s administration announced that it was suspending the Trump administration’s Fair Access rule.
But Joe Biden and his anti-gun leftist handlers are undoing it to facilitate another subtle attack on the 2nd Amendment to financially ruin legitimate businesses. Rather than attempt to enact legitimate legislation through Congress, the Biden administration is deluging us with executive orders.
All this is part of a larger strategy: the Democrats politicization of the economy. As Kelsey Bolar wrote in The Federalist, “For all intents and purposes, Operation Choke Point is happening every day on a massive scale, [including] a stranglehold on information, speech, and the broader marketplace of ideas. Concerningly, the government is now playing an active role. As exemplified by Parler and the recent Twitter purge, Big Tech is choking conservatives off their social media platforms while Democrats cheer it on.”
So much for the promise our 46th president made in his inaugural speech to “work as hard for those who didn’t vote for me as those who did.”
But that’s Joe Biden. Promises made, promises broken.
Will ERPO/Red Flag Laws Make Gun Owners Easier to be ‘Swatted’?
What would you do if you opened your front door and found a team of heavily armed SWAT officers with their guns pointed at you? Of course, you would have no idea why your house was being raided and your doors are summarily kicked wide open. This is called “swatting” and you would have just become a victim of what some call “a prank” but in all reality it is no joke and it has been dangerous and, in some cases, deadly!
What happened is that someone placed a hoax 911 call to send authorities to your house.
Swatting is a deliberate, insidious, and malicious act that involves making a fake call to emergency services. The goal is to send the police or SWAT (hence the name) to a scene where no crime or emergency exists with all the expectations that it will be a use of deadly force situation.
The caller will often pretend to be a victim, a bystander like a neighbor, or the suspect himself. The bogus report will often be about an ongoing hostage situation, a home invasion, an active shooter, an act of terror, a bomb threat, or any act of extreme violence or even domestic violence.
The purpose is to elicit an armed and aggressive law enforcement response to make sure that a swarm of police storm into the unsuspecting victim’s home or place of work. Sometimes done as an act of retaliation, other times done for “fun”, swatters do this to make law enforcement confront the victim at gunpoint.
According to a report by the US Office of Homeland Security, some swatting incidents have even targeted schools, shopping malls, and hospitals.
“The FBI has seen an increase in foreign actors paid to ‘swat’ American facilities, often by a disgruntled student or employee of the target.” There has even been an increase in cases of swatting against police officers, judges, and politicians.
Swatting has very real and irreconcilable consequences for not only the individual but also the friends and family surrounding the individual as is represented in the one case below from California where 28-year-old Andrew Finch did nothing more than answer his door when he heard a commotion on his front porch which was actually police preparing to do a forcible entry into his home. The details of this situation can be found at this link: https://www.foxnews.com/us/2-suicides-directly-related-to-deadly-swatting-hoax-victims-family-says and the tragedy has had far-reaching consequences. Not only did Mr. Finch lose his life but several other members of his family committed suicide as a direct result of this situation.
With all of the media rhetoric and the political vitriol surrounding the lawful ownership of firearms and the passage of extreme laws such as ERPO/red flags, it is very likely that the paranoia will result in more and more of these situations and that every gun owner should be very careful when encountering a situation that could result in this kind of an outcome!
Focus on Improving Federal Law: FOPA Improvements to Add Protections for the Lawful Transportation of Firearms
With the passage of the Firearms Owners Protection Act (or FOPA) in 1986, it was expected that there would be a general sense among the states that they would recognize the legitimacy of law-abiding citizens transporting the firearms for lawful causes and purposes.
Sadly, the experiences of the last 35 years have shown that the courts have chosen to water down the legislative intent of the original law. US Senator Steve Daines (R-MT) introduced legislation, as he did last session, to provide for improvements to the original Firearms Owners Protection Act’s provisions protecting interstate travelers with firearms.
This legislation, previously introduced and last session, has now been re-introduced this session as S 525 in the 117th Congress. Text of the legislation is not available as of this writing, but it is safe to assume it will be, more than likely, similar to what he introduced in the last session Congress.
This is needed to comprehensively address the local and state government officials in certain states and localities who seem to think that harassing law-abiding travelers somehow improves public safety. It didn’t when New Jersey persecuted Meg Fellenbaum and Shaneen Allen, and there is every reason to believe that if this legislation is not passed then neither now or in the future will there be any incentive for them to change their oppressive behavior.
The fact of the matter is that recent elections have shown that local politicians believe they have a mandate to ignore the Constitution and the constitutional rights of all Americans irrespective of the protections under the so-called, full faith and credit clause of the U.S. Constitution. Law-abiding citizens have been subjected to arrest and criminal charges for simply stopping to fill their gas tank or to fix a flat tire. Prosecutorial abuses are rampant. We want to know where the concern is for travelers lives who are now choosing between driving while fatigued or risking arrest if he or she stops at a motel or rest stop for the night.
The unacceptable behavior of the law enforcement and prosecutorial institutions in the states should not require legislation but the last 3 ½ decades of have demonstrated the need for it. Unfortunately, S 525 only has five co-sponsors and, as you can see, neither of Pennsylvania’s two senators have co-sponsored this legislation. Once again, we have to question why so many US Senators “claim” to support the Second Amendment yet are sitting on the sidelines with notables such as John Cornyn (R-TX), Mike Lee (R-UT), and Lindsey Graham (R-SC) who are among those who haven’t signed on.
Second Amendment supporters should contact Senators Toomey and Casey as well as their congressional representative to urge them to support the passage of this bill, and to co-sponsor it if they haven’t already. If you do that and get a response please forward that to us at email@example.com so we can add their position to their online dossier! Thank you very much!
The History of Our Freedom and Its’ Hero’s
March 25th was National Medal of Honor Day - the anniversary observance of the first Medal of Honor recipients. It's an opportunity to recognize all of the recipients of our nation's highest military award and recall their extraordinary service and sacrifice on behalf of their brothers in arms and in defense of American Liberty. Read more about it here.
Interesting Videos: The Dangers of ERPO/Red Flag Laws
SWATTing is a tactic utilized by some anti-gunners, as a way of punishing gun owners and putting good people in danger. The term was developed because heavily armed law enforcement would arrive on an otherwise peaceful scene when falsely called upon by these anti-gunners. Anti-gunners would call the cops if they saw someone with a gun or someone they suspected was in possession of a gun that they perceived (in their mind) as a potential danger to them. This leads to cops arriving and putting the unsuspecting gun owner in danger, sometimes resulting in the death of innocent people.
Overall Status of 2nd Amendment Legislation Filed to Date in PA and the US:
2021-2022 Session PA State Bills (updated)
- Pro-Gun Bills: 12
- Anti-Gun Bills: 36
- Unrated (Watching): 11
- Legislative Memos: 92
2021-2022 Session Federal Bills (updated)
- Pro-Gun Bills: 22
- Anti-Gun Bills: 41
- Unrated (Watching): 19
1st Point to Ponder: Democrat's Secret Hidden Intent Behind Anti-Gun Bill H.R. 8
There’s a lot of talk about the H.R. 8 anti-gun bill that just passed the House of Representatives. This would, in fact, be a back-door gun registry; but we find much more devious intentions when we read between the lines of this potential legislation.
The Democrats’ H.R. 8 bill has two [main] purposes.
- Create a gun registry. Our government has no business knowing who has guns and where they’re located, which may be why they so desperately want to be able to do exactly that.
- Deny and Delay the gun-ownership of lawful American citizens. This would be achieved through a system that is already flawed and often leaves law-abiding citizens unarmed and defenseless.
H.R. 8 is an Act to require a background check for every firearm sale. Those who don’t know any better might say, “so what’s the big deal with a firearms background check?” That’s exactly what anti-gun bureaucrats want you to think. But it’s a huge deal. Not only is H.R. 8 an infringement on our rights protected by the 2nd Amendment, but it’s also detrimental to the gun-ownership of law-abiding citizens.
2nd Point to Ponder: There was a time when we saw pro-gun democrats in office. Today, not a single democrat congressman has an “A” rating by the NRA.
Anti-Gunners on Guns: Shannon Watts, of Mom’s Demand Action, on the Boulder Colorado Tragedy
Newsweek noted that Shannon Watts, founder of Moms Demand Action, “called for federal action on gun safety,” which translates to gun control.
“We mourn with the communities of Boulder and Atlanta after the devastating and senseless mass shooting tragedies in the past week,” she commented. “We can’t and won’t accept gun violence as just a fact of life in America.”
Media Corruption and Lies: the Washington Post on the Boulder Colorado tragedy
The Washington Post headlined its coverage, “Boulder’s assault weapons ban, meant to stop mass shootings, was blocked 10 days before grocery store attack.”
In its coverage, the WaPo quoted anti-gunners near the top of the story, including Dawn Reinfeld, co-founder of Blue Moon Rising, a Centennial State anti-gun group. She lamented to the newspaper that the court struck down Boulder’s ban on so-called “assault weapons” only ten days prior to the shooting.
“It’s so tragic to see the legislation struck down, and days later, to have our city experience exactly what we were trying to prevent.”
Upcoming Events: The event situation continues to be fluid. Please check the FOAC website for updates https://foac-pac.org/Events
- Washington County Gun Shows – April 10-11, June 19-20, September 25-26. 9am to 4pm. Washington County Fairgrounds 2151 North Main Street Washington Pa 15301. FOAC needs volunteers to work our table. Kevin Jackson has been coordinating the FOAC gun show tables. Should you want to lent a hand send him an email firstname.lastname@example.org or call him: 412-302-3544.
- Monroeville Satellite License to Carry Event - SAT, APR 10th AT 8 AM EDT
Allegheny County Sheriff's Office - 2700 Monroeville Rd, Monroeville, PA 15146-2304, United States – More Info: https://fb.me/e/2v9XNKlLJ
- North Fayette Satellite License to Carry Event - SAT, APR 17th AT 8 AM EDT
Allegheny County Sheriff's Office - 580 Donaldson Rd, Oakdale, PA 15071-3704, United States – More Info: https://fb.me/e/1ewQSVuSA
- South Park Satellite License to Carry Event - SAT, MAY 1st AT 8 AM EDT
Allegheny County Sheriff's Office - 2675 Brownsville Rd, South Park, PA 15129-8525, United States – More Info: https://fb.me/e/28KANhI74
- Harrisburg Rally – Stop the Steal of Your God-Given Rights and Liberties – To Protect Your RKBA – State Capitol Steps, Monday, June 7th 2021, 10am. http://www.repmetcalfe.com/UniteAgainstTyranny
Politician’s Quote to Remember: Sen. Chuck Schumer on the Boulder Colorado tragedy
As reported by The Guardian, Senate Majority Leader Chuck Schumer was quick to tweet, “This Senate must and will move forward on legislation to help stop the epidemic of gun violence.”
Founding Father’s Statement on Freedom:
"Neither the wisest constitution nor the wisest laws will secure the liberty and happiness of a people whose manners are universally corrupt." -- Samuel Adams (1749)
A Celebration of the Heart of America: Rebutting the Claims of the 1619 Project
These resources highlight the inaccuracies of the 1619 project and similar past projects. These are reliable primary sources on the founding of America for parents, students, and the public.
How Freedom Dies: George Orwell and 1984: How Freedom Dies
“What Orwell feared were those who would ban books. What Huxley feared was that there would be no reason to ban a book, for there would be no one who wanted to read one. Orwell feared those who would deprive us of information. Huxley feared those who would give us so much that we would be reduced to passivity and egotism.
Orwell feared that the truth would be concealed from us. Huxley feared the truth would be drowned in a sea of irrelevance. Orwell feared we would become a captive culture. Huxley feared we would become a trivial culture, preoccupied with some equivalent of the feelies, the orgy porgy, and the centrifugal bumble puppy.
Closing Thoughts: What Role Does the Media Play in Mass Murder?
It is well known, in mental health and law enforcement circles, that there is a copycat effect going on in many areas not just in the mass killing events we saw in Boulder Colorado and in Atlanta.
In the past, we have talked repeatedly about the connection with these tragedies and the media and how there seems to be a pattern of them occurring in threes. To a layman it almost seems as if the media is cultivating these tragedies because when you look at their pattern and practice, they don’t talk about things like “suicide pacts” with teenagers in our schools because they know that there is a copycat effect there. Yet, when it comes to these mass killings, they continue to turn these monsters into celebrities and we believe there is a just reason for us to question as to why. See the links below:
Many say there is a responsibility that goes with exercising a constitutional right, yet in this circumstance it seems that the media wants to have the cake you needed to and ignore their potential culpability in promoting these terrible incidents.
It is time for us to examine this link and, if possible, provide some suitable restraints on the mercenary actions of some of those in the media
Kim Stolfer, President
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Remember: FOAC is fiercely independent. We are not affiliated with, nor do we receive any money from, any national organizations. No sugar daddies. No New York billionaires. Memberships and individual donations are our only source of income.
If your friends are not a member - why not? The more members we have committed to making a difference, the greater FOAC’s impact in the legislature. By working together and making our voices heard, not only can we show the billionaires and their lapdogs that they don’t stand a chance in Pennsylvania, we can push through legislation that further restores and protects our rights.