PA Bill Number: HB796
Title: In protection from abuse, further providing for definitions and for relief.
Description: In protection from abuse, further providing for definitions and for relief. ...
Last Action Date: Apr 1, 2023
FOAC's Weekly Message For Friday January 7th 2022 :: 01/07/2022
It is hard to believe that we are already approaching the end of the first week of 2022. I appreciate that a few days ago President Biden said he has reasons to be optimistic in 2020, but there are many things that should be recognized here and now in 2022 in order for us to continue the hard work of pursing Liberty and fighting for individual Rights.
FOAC MONTHY MEETING SUNDAY JANUARY 9
The January meeting will be held virtually on Zoom. Note that a passcode WILL NOT be required for this meeting.
Topic: FOAC Monthly Meeting - January
Time: Jan 9, 2022 10:00 AM Eastern Time (US and Canada)
Join Zoom Meeting
Meeting ID: 412 221 3346
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KEVIN BROBSON SWORN IN AS NEWEST JUSTICE OF THE PENNSYLVANIA SUPREME COURT
Kevin Brobson was a FOAC endorsed candidate in November 2021 election and has been, without question, a friend of Article 1 Section 21 of the PA Constitution and our 2nd Amendment. Bronson’s opinion in our victory against the City of Harrisburg, that was later upheld by the PA Supreme Court last October, is just one of many decisions that he has made in favor of Pennsylvanians individual Right to self-defense. His new role as a member of the PA Supreme Court is worthy of celebration.
On January 3, 2022, Chief Justice of Pennsylvania Max Baer officially welcomed Justice P. Kevin Brobson as a member of the Supreme Court of Pennsylvania following his swearing-in ceremony.
Surrounded by his wife and children, Brobson took the oath of office administered by Commonwealth Court President Judge Emerita Mary Hannah Leavitt in the Supreme Court Courtroom, Harrisburg.
A resident of Dauphin County, Justice Brobson is the 178th member to serve on the Court and the third Commonwealth Court judge elected to the Supreme Court.
A ceremonial event originally scheduled for Jan. 7 has been postponed due to the ongoing COVID-19 pandemic.
“I and all of Justice Brobson’s new colleagues welcome him to the Court,” said Supreme Court of Pennsylvania Chief Justice Max Baer. “We look forward to a joyous celebration with Kevin, Lauren and all of their family and friends when Omicron has abated.”
Before his election to the Supreme Court, Brobson served for more than a decade as a judge of the Commonwealth Court, one of Pennsylvania’s two intermediate appellate courts. In 2020, his colleagues selected him to serve as president judge. He served in that capacity until his installation on the high court. He also served a four-year appointed term on the Judicial Conduct Board of Pennsylvania, where he served as Board chair in the final year of his term.
In the early years of his career, Brobson served as a clerk for the Honorable James McGirr Kelly of the U.S. District Court for the Eastern District. He entered general practice in 1996 with Buchanan Ingersoll PC and from 2016 to 2018 joined Widener University Commonwealth Law School as a Jurist-in-Residence.
Justice Brobson received his bachelor’s degree in accounting and economics from Lycoming College in 1992 and his juris doctorate from Widener University School of Law in 1995.
Established in 1722, the Supreme Court of Pennsylvania is the oldest appellate court in the country and has played an important role in the history of the Commonwealth. As the state’s highest court, the seven justices make the final decisions interpreting Pennsylvania’s laws and Constitution, have full administrative authority over Pennsylvania’s judicial system and hear cases involving issues of immediate public importance arising in any court in the Commonwealth.
REPRESENTATIVE DARYL METCALFE ANNOUNCES HIS LEGISLATIVE RETIREMENT
On Jan. 1, 2022, after the clock struck midnight and the New Year rang in, State Representative Daryl Metcalfe (R-12) announced to his family that he does not plan to seek re-election to the Pennsylvania House of Representatives in 2022.
Metcalfe released the following statement regarding his legislative retirement:
“After family discussions, prayerful consideration and affirmation that I was embarking on a path of service that God was calling me to, I announced my candidacy for state representative in 1998. I have been blessed by God with 12 legislative election victories over the last 24 years.
“I am thankful to the voters who trusted me to represent them in the Pennsylvania House of Representatives. I am honored by the broad and deep base of support from citizens across the state who supported my work to limit government, protect taxpayers and defend liberty.
“After family discussions, prayerful consideration and affirmation that God is calling me to a new adventure in life, I do not plan to seek re-election for state representative in 2022. I plan to finish my current term of office.
“In the future, I plan to continue fighting in defense of our God-given rights and our Constitution wherein they are affirmed!”
Metcalfe is currently serving his 12th term as state representative for the 12th Legislative District in Butler County, which includes Adams, Clinton, Cranberry, Forward, Middlesex and Penn townships, and Callery, Mars, Seven Fields and Valencia boroughs.
His term ends on Nov. 30, 2022.
Rep. Metcalfe has been a huge ally in our fight for Liberty and Gun Rights. He has been the driving force behind the Harrisburg 2A Rally’s and has been a STAUNCH supporter of the individual’s Right to personal defense.
Representative Metcalfe has maintained an A+ rating with FOAC-PAC and is someone that we will sorely miss in the halls of the Capitol in Harrisburg. FOAC wishes him all the best in whatever the future holds for him and we thank him for all of his help and for being a champion of the individual Rights and Liberties of ALL Pennsylvanians.
May God grant us the ability to help fill the void left by Rep. Metcalfe with someone who is also as passionate about our personal Liberties and the individual Right to self-defense.
ELECTION CORRUPTION AND ELECTION INTEGRITY
BY Dr. Chip Gallo, FOAC-ILLEA 1st VP
Corruption in American elections has been with us since the onset of elections. It has existed in some areas to a greater degree and in other areas to a lesser degree. It has essentially been tolerated and apparently seen as the reality of elections. There is one notable exception, however, in Athens, Tennessee in 1946. A group of returning WW2 Veterans who had just returned home from fighting enemies of liberty overseas found that their town was overtaken by a corrupt government. They were clearly not going to tolerate this. They exercised their Second Amendment rights to protect and secure the voting boxes and the voting process and were able to oust the corrupt and dangerous local government and save their town. https://www.youtube.com/watch?v=jtrsk1HmOKU
Other than this remarkable stand for Freedom at Athens by “We the People” no significant efforts have been made to “cleanse” the corruption and maintain free and fair elections. On the contrary over the years election integrity has continued to degrade. For example, voter rolls continue to accrue deceased, relocated and fictitious voters, with no significant attempt to maintain accuracy. It is ironic that our election system in Pa, Statewide Uniform Registry of Elections, has the acronym SURE System – it is far from sure. In addition, the increasing inclusion of electronic voting processed by software companies with back door codes through which results can be hacked has added expansive opportunities for corruption. Over the last several years numerous voters have complained of their votes being changed by the machine they used. When a complaint was made to the Judge of Elections, this “glitch” was generally just brushed aside as a calibration issue – the machine needed recalibration. Interestingly, instead of a random distribution of errors, the errors were almost always in one direction from R to D vote. No serious investigation of these complaints was undertaken.
In November 2020, however, the massive nationwide corruption, due to a multiplicity of factors, resulting in the unseating of MAGA, President Trump and the installation of an administration bent on destroying our American Republic, finally has brought the issue of Election Integrity front and center. It is clear that if we have any hope of retaining what is left of our Republic that the integrity of the election process must be substantially restored.
Two of the most problematic factors are the lack of voter id and widespread wholesale mail in voting. When voter id is brought up the Democrats quickly condemn it as an assault on democracy and the suppression of the right to vote in free and fair elections. Biden has even said it would be like reinstituting slavery. It should always be kept in mind when the Dems slam voter id as subverting free and fair elections, projection is operating. They are accusing the supporters of voter id of doing what they themselves have been pulling off – creating an environment where massive voter fraud continues to proliferate. This disenfranchises American voters. Surveys have shown a large majority of Pennsylvanians support enhanced voter ID requirements to protect the security and sanctity of the state’s elections. Nationwide Eighty percent of American support voter id.
John Lott recently contributed an article to Imprimis entitled Is Ensuring Election Integrity Anti-Democratic? https://imprimis.hillsdale.edu/ensuring-election-integrity-anti-democratic/ In it he gives factual information which puts both voter id and mail in ballots into perspective. He states “the fact is that the U.S. is an outlier among the world’s democracies in not requiring voter ID. Of the 47 countries in Europe today, 46 of them currently require government-issued photo IDs to vote.” While in the United Kingdom, various areas require voter id, it is not nationwide. Parliament is now considering making it nationwide which would mean all 47 European countries will have adopted it. Around the world, 89% of developed countries require voter id. How about the issue of absentee or mail in ballots? Lott states “35 of the 47 European countries—including France, Italy, the Netherlands, Norway, and Sweden—don’t allow absentee voting for citizens living in country.” Another 10 countries that do allow absentee voting” require voters to show up in person and present a photo ID to pick up their ballots.” This is not at all like the loose system seen in the US. Lott points out that both England and France had previously loose absentee rules like ours but discovered areas of massive voter fraud. France banned absentee voting altogether and England did away with mailing them out requiring the person to pick up in person and show id. He also points out that Canada requires voter id. As a result of a long history of election fraud Mexico banned absentee voting, and requires not only a photo but a biometric idea as well. These efforts actually raised voter turnout as people had more confident that their votes mattered.
These countries were interested in protecting their voting systems. They saw problems and made changes to resolve them and prevent them from reoccurring. Here in the US however Democrats want to increase the problems, for example, by making mail in ballots permanent. Lott states “With mail-in voting, a country is almost begging for vote fraud.” An essential part of saving our Republic is restoring its election system. If this is not done, we will lose what little we have left of our Republic and our Freedom. Facts and history show that Voter id and the elimination of mail in ballots are necessary in order to preserve election integrity. They do not decrease voter turnout or subvert free and fair elections. On the contrary they help ensure free and fair elections and give voters more confidence that their vote matters.
The Battle of Athens was successful in restoring fair and free elections in a Tennessean town. What is the lesson to be learned.? The success of Athens was due to the fact that good citizens stepped up and got involved in the election process. Good people getting involved. The same is true for today. There are opportunities to become involved in the election process. Each area has need for poll workers which includes Judge of Elections, Inspector of Elections and Clerk of Elections. These positions are the backbone of our election system. Information can be found on the County Department of Elections websites. Counties offer training as well as a stipend for serving in these positions. Good people getting involved can make a difference.
FOAC-ILLEA SPRING 2022 TREE OF LIBERTY GUN BASH
Gun bash tickets are available on the FOAC-ILLEA website. Our bi-annual gun bashes are the best in Pennsylvania and our biggest fund raiser!
Date: March 19, 2022
Doors Open: 1:00 - 6:00 PM
Gun Bash Ticket Donation: $50.00
Only 1000 tickets will be sold!
Sample Ticket: click here
General Admission Tickets: $25.00
Ticket includes complimentary food & drinks.
Location: Washington County Fairgrounds
Address: 2151 North Main Street, Washington, PA Washington PA, 15301
Latitude: 40.2097003 Longitude: -80.2590789
Door Prize: S&W M&P 15-22 Sport 22LR donated by Ace Sporting Goods, must be present to win
Food Provided By: Hugos Washington County 412-977-5544
- Carved Beef
- Parsley Potatoes
- Carved Ham
- Penne with Marinara Sauce
- Bacon Mac and Cheese
- Coffee, Water, Pop
- Honey Glazed Chicken
- Late service pulled pork
- Green Beans
Gun Bash Manager: Charles Gallo firstname.lastname@example.org
The FOAC gun bash is the premier gun bash in the tri-state area with an unequaled lineup of the highest quality firearms along with the finest food available and is the go to event for all who are interested in a fun afternoon out!
We give away a firearm from the main entry ticket once every 15 minutes! In between those drawings we continuously give away firearms from our choice tables that comprise varying levels of quality firearms from the $3-dollar, $5-dollar and $10 tables. We also have special drawings for our extremely popular Mystery Gun & Mystery gun safe (2 separate drawings) and a variety of other special drawings 'AND' special packages adapted especially for each gun bash.
We also will be holding ‘free’ tribute drawings, two separate ones, in honor of two categories of exceptional Americans: our military service members (active duty and retired) ‘and’ law enforcement.
The EARLY BIRD Winning Number will win a S&W M&P 2.0 9mm model 11521!
**The Early Bird Winner will receive the above firearm supplied by CYA Firearms!!
To be eligible for the Early Bird drawing you must purchase your ticket by February 1st and supply an email address.
Perhaps the biggest reward for gun owners is one that is unseen - 'funding the fight' to defend our rights! The proceeds from our gun bashes are used in many ways such as to develop and advance initiatives to protect our Constitutional Freedoms with a special emphasis on the Right To Bear Arms. The funding of these efforts can be seen in previous pro-gun legislation that passed and were signed into law on protecting firearm preemption laws and to enhance self-defense through the Castle Doctrine!
We do hope that you will join with us in an afternoon of fun and fellowship! See you there!
(It is important to note that there is a processing/handling charge for each ticket purchased through the website of 5 dollars that has become necessary due to increased bank fees.)
If you would like to provide your suggestions or comments concerning the gun bash please send them by e-mail to: GunBash@foac-illea.org.
Guests without Main Entry ticket must purchase a $25.00 general admission ticket to be admitted. Winners on the Main Entry Ticket need not be present and will be notified as applicable. Substitute prizes on the Main Entry Ticket will NOT be permitted under any circumstances. All unsold tickets and prizes not claimed after 30 days from notification become property of FOAC-ILLEA. Not responsible for typographical errors. All firearm transfers subject to all Federal and state regulations. All ticket buyers and attendees certify that they are legally eligible to purchase a firearm in Pennsylvania. No refunds or prizes for ineligible tickets or/ prohibited persons. The Gun Bash Manager is the final authority on all matters concerning the drawings including tickets and numbered balls. All firearms prizes may be acquired at Ace Sporting Goods on the Wednesday following the Gun Bash. Contributions or gifts to FOAC-ILLEA are not deductible as charitable contributions for Federal income tax purpose.
Prizes: For a complete list of prizes visit the website
All prizes supplied by: Ace Sporting Goods [www.acesportinggoods.com 724-222-5470]
All prizes paid for by Firearm Owners Against Crime
Small Games of Chance License #: 8534
Special Raffle Permit #: 358
YET ANOTHER PREEMPTION VIOLATION IN DELAWARE COUNTY PENNSYLVANIA
FOAC Board Member, Dan McMonigle discovered yet another preemption violation in Delaware County.
Pennsylvania Title 18 Section 6120 clearly states:
- 6120. Limitation on the regulation of firearms and ammunition.
(a) General rule.--No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.
FOAC is contacting Delaware County officials to educate them on their misstep, and we have advised our Council, Attorney Joshua Prince. We rely on YOU to keep an eye out and inform us when local governments violate the law. We have fought many municipalities across the Commonwealth who decide to violate the law and infringe the Rights of citizens and WON!
Part of the mission of FOAC-ILLEA is Legal action; to defend firearm related issues thru legal defense and directed legislative action including grassroots action.
If you would like to Donate to our legal fund and help us stop local municipalities from violating your Rights, contact us today!
In the meantime, CONTACT PA House Judiciary Committee Majority Chair, Robert Kauffmann and urge him to push SB448, Strengthening Preemption through committee. THEN Contact YOUR PA Representative and urge them to pressure leadership to bring SB448 to the floor for a final vote. SB448 has passed the Senate and SHOULD pass the House and make its way to the desk of the Governor. It is high time that local elected officials are held accountable if they violate the laws!
QUOTE OF THE WEEK
“The rifle itself has no moral stature, since it has no will of its own. Naturally, it may be used by evil men for evil purposes, but there are more good men than evil, and while the latter cannot be persuaded to the path of righteousness by propaganda, they can certainly be corrected by good men with rifles.”
â Jeff Cooper, Art of the Rifle
AIR TRAVEL WITH A FIREARM
Over the years I have done quite a bit of air travel with my firearm. I am honored to be able to travel the country to train instructors to train and empower others to take on the responsibility of protecting themselves and those that they love. When I travel, I always take my personal tool of self-defense with me, provided that I am legally able to possess and carry it where I am traveling to.
The TSA has guidelines on air travel with a firearm.
- When traveling, comply with the laws concerning possession of firearms as they vary by local, state and international governments.
- If you are traveling internationally with a firearm in checked baggage, please check the U.S. Customs and Border Protection website for information and requirements prior to travel.
- Declare each firearm each time you present it for transport as checked baggage. Ask your airline about limitations or fees that may apply.
- Firearms must be unloaded and locked in a hard-sided container and transported as checked baggage only. As defined by 49 CFR 1540.5 a loaded firearm has a live round of ammunition, or any component thereof, in the chamber or cylinder or in a magazine inserted in the firearm. Only the passenger should retain the key or combination to the lock unless TSA personnel request the key to open the firearm container to ensure compliance with TSA regulations. You may use any brand or type of lock to secure your firearm case, including TSA-recognized locks.
- Bringing an unloaded firearm with accessible ammunition to the security checkpoint carries the same civil penalty/fine as bringing a loaded firearm to the checkpoint. You may find information on civil penalties at the Civil Enforcement page.
- Firearm parts, including magazines, clips, bolts and firing pins, are prohibited in carry-on baggage, but may be transported in checked baggage.
- Replica firearms, including firearm replicas that are toys, may be transported in checked baggage only.
- Rifle scopes are permitted in carry-on and checked baggage.
United States Code, Title 18, Part 1, Chapter 44, firearm definitions includes: any weapon (including a starter gun) which will, or is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; and any destructive device. As defined by 49 CFR 1540.5 a loaded firearm has a live round of ammunition, or any component thereof, in the chamber or cylinder or in a magazine inserted in the firearm.
- Ammunition is prohibited in carry-on baggage, but may be transported in checked baggage.
- Firearm magazines and ammunition clips, whether loaded or empty, must be securely boxed or included within a hard-sided case containing an unloaded firearm. Read the requirements governing the transport of ammunition in checked baggage as defined by 49 CFR 175.10 (a)(8).
- Small arms ammunition (up to .75 caliber and shotgun shells of any gauge) must be packaged in a fiber (such as cardboard), wood, plastic, or metal box specifically designed to carry ammunition and declared to your airline.
- Ammunition may be transported in the same hard-sided, locked case as a firearm if it has been packed as described above. You cannot use firearm magazines or clips for packing ammunition unless they completely enclose the ammunition. Firearm magazines and ammunition clips, whether loaded or empty, must be boxed or included within a hard-sided, locked case.
- Please check with your airline for quantity limits for ammunition.
Be advised that different airlines have “policies” that may vary from the TSA guidelines. Be sure to reference the specific airline website and see their policy on traveling with firearms and ammunition.
American Airlines requires that all ammunition be in the factory box or a box designed to hold ammo, NOT the magazine. I typically fly with United and they, like the TSA, are fine with ammo in a magazine so long as the magazine is NOT in the gun. Well, the first time I flew American with my pistol, I almost had to surrender approximately $100 worth of 147 Grain Speer Gold Dot 9mm at the baggage counter because I had the ammo in my magazines, which is ok with the TSA but not OK with American Airlines. Luckily, the manager at the baggage counter noticed my growing angst and disappeared to “the back” and reappeared with an old cardboard ammo box. We stuffed all of my ammo into the box, taped it, put it into the locked case with the pistol and suddenly American Airlines was “OK”. American then puts a red “hey there is a gun in this bag” tag on luggage that contains firearms and you have to collect your bag at the special services counter at your destination after you produce ID.
United does not put any special tags on the luggage and you can retrieve your bag on the carrousel just like everyone else.
Delta Airlines is OK with ammo in the magazine (so long as it is not in the gun) but they also put special tags on the luggage and you must collect your bag from the special services office. Once an employee personally delivers your bag to the office, as if they are handling a venomous snake, an agent then puts an industrial strength zip tie around your bag so that you cannot easily open your bag and retrieve your property. If you have a license to carry in Pennsylvania, it is completely legal to conceal a loaded firearm on your body and be in the baggage claim area of Pittsburgh Airport. HOWEVER, if you are retrieving your bag from Delta Airlines at Pittsburgh Airport, Delta will make it harder for you to exercise your Rights by placing a “chastity belt” on your bag.
United Airlines does not do this…. As I mentioned before I generally fly United.
No matter the airline, you MUST declare your firearm when you CHECK YOUR BAGS. DO NOT take a firearm, firearm parts, knives, ammo, pepper spray or any type of defensive tool to the security check points. Some airlines require that you open the case and show that the gun is unloaded. Other airlines will simply ask you if it is unloaded, but all will have you sign a document stating that the firearm is unloaded and in a proper locked case. They will then place this document into your luggage. I believe it is thought that this orange card will ward off evil spirits and criminals.
Most airlines will have you then take your luggage to a TSA agent who will inspect your bag before it goes onto “the belt”. Most times this TSA agent will ask you to unlock the gun case so that they can swab and inspect the case. Depending on the airport, the airline agent may put the bag on “the belt” and you may have to wait for a clearance once someone at TSA in another area checks your bag. Other places they will call you over the intercom to report “somewhere” IF there is an issue with TSA. If you are traveling with a firearm, I recommend giving yourself 2 solid hours before your flight just in case there are complications with your checked firearm.
As a trainer, I often travel with simulated trainer guns. They shoot a laser and are NOT firearms… but they look like firearms. This is a bit tricky. Even though they are NOT firearms, you cannot take SIRT, laser, airsoft, co2, or any type of “gun looking thing” through security. You need to check them in a bag.
Here is the tricky part.
When I travel with SIRT pistols (laser training guns) even if I do not have a real firearm (such as if I am traveling to a State where I cannot legally have or carry my personal firearm, such as New York) I will volunteer to have TSA to scan my bag. When you mention that you have trainer “guns” that are not guns to an agent of the airline, they will likely want you to fill out the document declaring a firearm. DO NOT fill out the document if you do not have any firearms in the bag. Often times this conversation requires a manager. I will say, “I do NOT have any firearms in my bag, but I do have training aids in my bag that will scan like guns, I would like TSA to inspect my bag.” Then they will try to have me fill out “the orange card” and I will say, “I am NOT declaring a firearm as I do NOT have a firearm, but I have training aids that will scan like a firearm.” Sometimes this conversation begins to sound like the Abbot and Costello “Who’s on first” routine. Generally, once I get the bag to TSA, I will explain and when they open the bag and see the SIRT pistols they go, “OOOOOHHHHHHHHH” and I might need to wait for a manager.
One other consideration is the legality of firearm possession where your flight connects. For instance, if you are flying from Pennsylvania to Wisconsin, if you have a PA License to Carry, Wisconsin has reciprocity with PA and you can carry in Wisconsin. However, if you are flying from Pittsburgh to LaGuardia in New York THEN to Milwaukee and you get stranded in New York City, the moment you touch your suitcase in New York, you are committing a felony because you cannot legally possesses a firearm in New York unless you are a citizen of New York and you are granted permission to own and possess a firearm by the NY Government. When you travel with a firearm, consider what will happen if you get stranded. It is my experience that If you fly Delta Airlines, the likelihood of getting stranded is much higher. Like I said, I normally fly United.
As with any type of travel, it is YOUR responsibility to know the law, know the laws of where you are going and know the laws of where you are going through to get there.
FOAC-ILLEA and FOAC-PAC are beginning a new year with separate missions and added workload. We are building new teams and committees to take on the challenges of 2022 and beyond. We are continuing to rely on volunteers to dedicate their time, treasure, and sweat to help us in the fight for Liberty! If you are interested in helping with administrative efforts, legislation, fund raising, gun bashes, political action, or education we welcome your involvement. Contact us today and let us know where your strengths and passions lie.
Stay armed and be well regulated!
2nd VP Firearms Owners Against Crime