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 Tuesday December 29th 2020 :: 12/29/2020
First, on behalf of the officers and Members of the Board of Directors of FOAC, I would like to wish you wish you a Happy New Year and hope that you had a very Merry Christmas!
Unless you've been living under a rock, we're sure you know what kind of year it has been considering the elections and COVID-19 and considering the outcome of the elections the forecast for 2021 may not be “happy” for many of us.
One of the things I get asked the most is how can I make a difference, how can I get involved, where do I start in trying to change the political landscape for the better and do my part. I imagine these are all thoughts that the founding fathers wrestled with as a considered confronting the Leviathan, at the time, the United Kingdom/Great Britain.
It seems appropriate to show you the story of one person, one American, who was fed up with being pushed around. He was just an average ordinary guy running a business, an FFL dealership, whose entire life was turned upside down by a government agency, the IRS, which came in, in 2013, and confiscated “all” of the monetary assets for his business, because they could. Their perception was that he was somehow structuring payments and deposits into his bank account to avoid notification even though he had always filed his taxes and had no charges against him for any violations of law or misconduct.
Just imagine what would happen if this was you? What would you do? Would you buckle down and refuse to accept the attitude and arrogance of this agency? How tenacious are you when everything you hold dear is threatened?
Well, the gentleman in question, is Andrew Clyde and he is from Georgia. He is a Navy combat veteran as well as a second amendment advocate, in addition to being an FFL dealer. Mr. Clyde turned into a crusader on not only the Second Amendment but also accountability for government agencies. He refused to submit to the IRS extortion of offering him a “deal” that it would’ve returned two thirds of his money if he accepted their settlement offer. He took them to court, costing him well over $100,000 in legal fees, but he beat them and got his money back! Think about that, because the IRS thought he was structuring his finances, and with no evidence whatsoever, they could seize his bank accounts, take his money and forcing him into court! David, of Goliath fame, could take lessons from Mr. Clyde!
Refusing to submit to the IRS only whetted Andrew Clyde’s appetite for correcting these problems. In 2015 Mr. Clyde had raised such a ruckus that he ended up testifying before Congress about the injustices foisted upon him by the IRS resulting in both the House and the Senate unanimously passing legislation, in 2019, prohibiting the IRS from future seizures as he suffered through.
To put the cherry on the cake for this story, Mr. Clyde ran for Congress this past year and defeated eight seasoned Republican candidates in the primary and ended up winning in the general election in the ninth district.
If you want to see what stances Andrew Clyde took that got him elected, check out his webpage: https://www.clyde4congress.com/secondamendment. Standing strong on issues that relate to the ‘average person’ is what gets candidates elected and NOT soft-pedaling Freedom.
In case you think that is the exception rather than the rule take for example the case of Second Amendment activist Mark Robinson from North Carolina. You may have seen his video from 2018 when he confronted Greensboro’s city Council over the issue of gun control. He did a stellar job of presenting issues and how gun control fails the people. You know the funny part? Mark didn’t even own a firearm at the time of his stellar performance in front of city Council! He recognized that freedom was a part of every persons makeup in America!
Mr. Robinson’s tenacity did not end at the doors to the Greensboro city Council but he realized that he needed to get involved in a bigger way and that was in the political arena where he took on the establishment of both parties and shocked them all. This past election Mark was elected to the position of Lieut. Gov. of North Carolina. Lest you think this was an easy victory, Michael Bloomberg himself and all his anti-gun minions poured their heart and soul into that race along with $8 million but in the end, it was to no avail. Mark Robinson’s passion for freedom won the day and the people to his side.
**So, you say you don’t want to run for Congress or ANY Elected Office and want to still contribute?! Here are some suggestions that may sound repetitive but still remain relevant today! Remember, you don’t have to do all of these. Instead, pick and choose which work best for your situation.
Avoid posting information on social media about your 2A gear.
Stop posting, texting or emailing information about what you own. And whatever you do, don’t post a photo on Facebook of your latest purchase. No need to make it easy for would-be tyrants or burglars to compile a list before they come visit you.
If you’re eager to share the excitement of a new purchase, take a new shooter to the range and give them a chance to shoot your new piece after giving them some instruction in firearm safety.
Write your Federal Congressman and Senators and State Senators and House members.
Yes, you get a pass if you’re unfortunate enough to have Robert Casey as your Senator or Madeleine ban them all” Dean as your Representative in Congress. Writing to them would be a waste of time. Instead, consider submitting public comments on any new proposed rules such as the ones recently withdrawn by the BATF for pistol support braces. According to the BATF, over 80,000 comments were submitted prior to the termination of this proposed rulemaking, your opinion does matter.
If you have a high-maintenance, weak incumbent representing you who could vote either way, encourage them to support gun rights for law-abiding Americans in a very short, written letter, make sure you share the letter with FOAC and any response you get. If they already support gun rights, pat them on the back and thank them for their support. Do it with a real letter on paper, not an email.
Recruit at least one new person to join FOAC and get involved.
Target (pun intended) a young person, so we as gun owners do not age out and go the way of the dinosaur. Make sure to ask the young people in your life what it would take for them to recruit their peers to join these gun rights groups as well.
No matter how crooked the system may seem, or how trivial the election, always vote. If you haven’t already, consider making a candidate’s stance on the Second Amendment the primary litmus test for your vote for or against them.
Make sure you’re protected legally.
Now is the time to identify a good lawyer and get their contact info in your phone (and the phone of your significant other in case your phone is impounded for evidence). Love them or hate them, lawyers will almost all tell you never to talk to law authorities if you are under suspicion without an attorney present.
Ask a lawyer before you are in that situation. One of the biggest potential pitfalls is a perjury trap, where you tell police one time about an incident and then later present your recollection of the facts slightly differently and you get charged with obstruction of justice.
I get it, advocacy work is work. But it must be done and no one else can do it better than you in your particular situation. Working together to protect and defend our 2A rights remains the only way we’ll keep them.
As we know, freedom is not a spectator sport.
What Can Gunowners Expect Out of a Biden Administration on the 2nd Amendment and Gun Control?
Much of the early speculation regarding a Joe Biden presidency has centered around his record (47 years) in the legislature and in the few public statements we have during the campaign. As his transition team has continued to develop there have been early warning signs of what we can expect in the early part of his administration.
There appear to be two distinct paths and they center around the outcome of the Georgia elections and who controls the U.S. Senate. Our contacts in Georgia tell us that the odds-on favorites are that the Democrats will sweep the U.S. Senate races there because of the incredibly high political donations coming into both Democrats and the staggering number of early voting that has occurred in the heavily Democrat areas as well as the incredibly weak early voting coming out of heavily Republican areas.
Biden, a consistent gun-control proponent during his 47 years inside the Beltway, posted his plan to “end the gun violence epidemic” months ago online, erasing Any doubts about his intentions once in the White House. Many have speculated that his gun control agenda was written by Bloomberg’s Everytown for Gun Safety, and it very likely was.
Gun control proponents are already looking at the potential for more gun restrictions. In an Op-Ed published by the Baltimore Sun, Joseph V. Sakran and Igor Volsky wrote “the president-elect can and must take decisive action to respond to Americans’ call for safer communities.”
Sakran is the director of emergency general surgery and a trauma surgeon at Johns Hopkins Hospital. Volsky is the executive director of Guns Down America, a gun control group.
Joe Biden has stated publicly that he plans to move quickly against guns and that was confirmed by his national policy Dir. from the presidential campaign, Stef Feldman, where she said that Biden is planning to “make big, bold changes through executive action, not just on policing and climate like we talked about previously, but in healthcare and education on gun violence, on a range of issues.” (From Feldman comments in a Zoom briefing hosted by Georgetown University’s Institute of Politics and Public Service)
So, if the Democrats do sweep the two Senate races in Georgia than they will have a super majority thus virtually guaranteeing that any attack they push will end up on Pres. Biden’s desk. If the Republicans prevail in Georgia and retain control of the U.S. Senate then Biden has already laid plans necessary to take definitive action through executive orders.
While Biden calls his plan, one aimed at ending “gun violence,” most of his ideas amount to heavily regulating and limiting what law-abiding citizens can buy or possess. As a reminder, Biden has said publicly that he wants to end the sale of AR-15-style firearms and regulate those that citizens already have as well as banning and limiting the size of firearm magazines globally.
PA Election Concerns update:
At least 64, of the 67, counties in Pennsylvania have begun the process of auditing the November election to verify that the original vote tally was correct and there were no errors in the state’s declaration of Joe Biden as the winner of the presidential election. It’s only the second time a so-called risk-limiting audit is being piloted statewide. The manual, statistical review of a random sample of ballots is increasingly being promoted by election security experts as a way to check the paper record of a vote without having to recount all votes cast.
Interestingly, the PA Dept. of State ignored a question by the media as to which counties were not participating in this audit.
Read More: https://www.pennlive.com/news/2020/12/thousands-of-ballots-will-be-audited-as-part-of-pas-post-election-review.html
You may be wondering why this wasn’t already done considering the level of as to the legitimacy of the recorded vote in November. The legislature did pass a resolution, HR 1100, in November calling for this but the Legislative Budget and Finance Committee rejected it in a highly unusual and partisan fashion.
Read More: https://www.msn.com/en-us/news/politics/pa-legislative-committee-rejects-request-to-conduct-election-audit/ar-BB1bhSY3
BATF Conduct Becoming Dangerously Chaotic as Biden’s Inauguration Draws Near
As some have forecast after the Bump Stock debacle, the groundwork appears to have been laid for even more chaos to be sewn in the 2A community, especially in light of the outcome of the presidential election. From the recent insanity over the pistol brace issue to now the “polymer 80” issue, manufacturers, distributors, and retailers, as well as gunowners, are reeling from the vagueness and the aggressiveness of the changes in enforcement by the BATF of the regulatory modifications.
According to a report in Ammoland, the BATF raided the offices of the company “polymer 80” earlier this month for supposedly illegally manufacturing and distributing firearms, failing to pay taxes, shipping firearms across state lines, and failing to conduct background checks.
The ATF claims that because of the way the company sells the kits that these packages constitute firearms, and Polymer80 needs to serialize the frame.
Now it appears, the BATF is showing up at FFL dealers and shooting sports related companies demanding customer information about citizens who have purchased 80% pistol frames. Have you purchased one of these?
Justifying this crackdown on the rights of law-abiding citizens through the changes in regulations is being blamed on ATF internal documents showing the rise of crimes using built from 80% frames. These documents also claim that “Federal courts have repeatedly held that GCA’s ‘firearms’ definition applies to a collection of unassembled firearms parts, including firearms’ parts kits.’”
The ATF also states that the “Build, Buy, Shoot” kits are firearms because “the kits are designed to, or may readily be converted to expel a projectile.” To review, in the last 90 days ATF has said, and purposes test, that certain pistols may be “too long” or “too heavy” to be importable. Next, they targeted pistol braces because of slight variations that were supposedly not submitted for classification during the examination process. The position of the BATF was that these pistol braces were not permissible unless the company submits every single variation for classification.
It is important to note that this agency has descended on these companies without any warning of the changes to the BATF’s regulations until agents showed up at their doors seeking customer information.
For those of you who remember the 90s, the BATF was repeatedly warned by Congress for this kind of conduct. Other variations of this theme have been part and parcel of normal operating procedures such as “Operation Forward Trace”, the FIST (Firearms Inquiry Statistical Tracking) project in Pittsburgh in cooperation with the Pittsburgh police, the CARS (Computerized Automated Retrieval System) program, that was authorized by the NRA (Tanya Metaksa), and many others!
Let’s remember that even the PSP and the PA Attorney General (Shapiro) stuck their noses (got it bloodied here thanks to Josh Prince) into this issue: Landmark, et al. v. Pennsylvania State Police Commissioner Evanchick, 694 M.D. 2019, an injunction was issued against the Pennsylvania State Police’s implementation and enforcement of its “policy” regarding what it refers to both as “partially-manufactured frames and receivers” and “80% receivers.” This is a concerted effort at many levels of government.
If you own one of these kits or a firearm with a pistol brace on it, you should be aware that you are under scrutiny and may receive a visit from law enforcement even though you legitimately and lawfully bought the product. Please consider your legal alternatives and have a good attorney on speed dial!
ATF Rescinds Stabilizing Brace Notice ‘or’ Did They?
The announcement on Dec 24 that the ATF was withdrawing the pistol brace ‘guidance’ was a great victory for the pro-liberty community.
It was a remarkable sight, with millions on the side of freedom banding to together to voice a resounding NO! to the authoritarian socialist left in their schemes to deprive the people of their Constitutional rights.
- Everyone knows the stakes in this debate, when the Authoritarian Leftist talks ‘progress’ they mean the incremental destruction of liberty and individual rights.
- When they talk about ‘safety’. They mean the ability to control you without meeting resistance in the form of speech, protest and prayer.
- When they talk about ‘gun violence’. They mean the ability to register and then to confiscate your hard-earned property.
Jared Yanis of Guns & Gadgets noticed that ATF letter is still up, what gives?
Why is the: Objective Factors for Classifying Weapons with “Stabilizing Braces”
Still on the Federal Register?
Is this a classic ‘Bait and Switch’ to stop everyone from criticizing the ATF while they plan on putting this in place anyway? Or was it a bureaucratic “mistake”? Either way, it’s time for the pro-liberty community to make our voice heard once again we cannot be silent in the face of tyrannical intent.
This isn’t just about pistol braces.
Like cockroaches after a nuclear war, the freedom hating left is going to be back with a vengeance. The show on pistol braces was just their warm up act.
They have made it clear they want to confiscate your guns – every last one of them. But they know they can’t do it all at once.
They know they must divide and conquer the pro-freedom community, only going after certain parts in an attempt to destroy our individual rights.
Authoritarian Leftists down through history have always followed the same ‘progression’. They were hoping that when they first came for the pistol braces, no one would say anything because they didn’t have one.
Their next step is to come for your modern day musket – the commonly owned AR-15’s, AK-47 and variants that are everywhere. They want to lie and use weasel words to claim these are ‘weapons of war’, ‘military style’ or other meaningless phrases.
Eventually, it will not matter what you own, they will STILL want to ban and confiscate it.
Did You Ever Hear of Wikileaks? Ever Wonder What It Is That Makes Them So Infamous and Controversial?
Well, if you like to read the facts behind the limitations of the mainstream media to report completely on issues then this will be a treat for you! Wikileaks has just dumped ALL of their files online. Everything from Hillary Clinton's emails, McCain's being guilty, Vegas shooting done by an FBI sniper, Steve Jobs HIV letter, PedoPodesta, Afghanistan, Syria, Iran, Bilderberg, CIA agents arrested for rape, WHO pandemic. Happy Digging! Here you go, please read and pass it on..... https://file.wikileaks.org/file/...
These are Clinton’s emails: https://file.wikileaks.org/file/clinton-emails/
Index File: https://file.wikileaks.org/file/?fbclid=IwAR2U_Evqah_Qy2wxNY12FMqFC5dAFUcZL5Kl4FIfQuMFMp8ssbM46oHXWMI
There should be something here for just about everyone!
FOAC Firearm Safety Series
by Klint Macro, FOAC 2nd Vice-President
Safe Storage and Efficient Staging
Part 3 in a multiple part series on the Safe and Proper use of your defensive tool
The cornerstone of all firearms training, no matter the context is safety. All Americans who exercise their 2A Rights must also exercise them responsibly; this begins with safe gun handling and continues with safe and responsible storage.
It is vitally important that gun owners accept the responsibility of being a responsible gun owner.
All training organizations agree that ALL guns must be stored or staged so that unauthorized individuals cannot gain access to them. How you store or stage your guns will depend on your lifestyle and how much responsibility you are willing to take on.
Let me first make the disclaimer that, depending on your jurisdiction, you may need to comply with specific laws or ordinances that dictate how your guns or firearms must be stored. In Pennsylvania we have no such “storage laws” however, Pennsylvania Title 18 does provide guidelines on who is “prohibited” from possessing firearms. This is important for all gun owners to know and to consider when they are deciding if someone is “authorized” or not.
Title 18 Section 6105 states that people convicted of certain crimes as listed in 6105(b) are “prohibited” from possessing firearms and so are folks as defined in 6105(c) “other persons”. This definition includes individuals who have multiple convictions of driving under the influence. If you allow a prohibited person access to your firearms, you may actually be committing a felony.
What does an unauthorized individual look like to you? Many individuals will immediately classify “the children” as unauthorized. This may be quite prudent in your household. However, once you have educated your “kids” on the safe and proper handling of guns, and you are willing to take on the responsibility for their actions, you may ultimately give your children some sort of access to guns in the home.
Will your children always follow the safety rules? Are you sure your kids will deny their friends access to your guns? Only you can answer these questions, however, it is prudent to reference PA Title 18 section 6110 before choosing to “authorize” your kids.
§ 6110.1. Possession of firearm by minor.
(a) Firearm.--Except as provided in subsection (b), a person under 18 years of age shall not possess or transport a firearm anywhere in this Commonwealth.
(b) Exception.--Subsection (a) shall not apply to a person under 18 years of age:
(1) who is under the supervision of a parent, grandparent, legal guardian or an adult acting with the expressed consent of the minor's custodial parent or legal guardian and the minor is engaged in lawful activity, including safety training, lawful target shooting, engaging in an organized competition involving the use of a firearm or the firearm is unloaded and the minor is transporting it for a lawful purpose; or
(2) who is lawfully hunting or trapping in accordance with 34 Pa.C.S. (relating to game).â¨
(c) Responsibility of adult.--Any person who knowingly and intentionally delivers or provides to the minor a firearm in violation of subsection (a) commits a felony of the third degree.
My child does have limited access to certain firearms. He is educated and I take on the responsibility of his responsible-ness. If a criminal breaks into our home and mom and dad are incapacitated or not at home, I want him to know where our tools of self-defense are kept and how he can access them. Consider that “the gun” is only one part of our home defense strategy and plan. It is important that the kids know the entire plan… not just the “gun” stuff. If your kids are not ready for the responsibility of gun access, make sure they know where to evade and barricade, how to call 9-11, how to administer first aid, and what to do in case of an emergency.
I have personally disarmed 50-something year old men on the firing line who had terrible attitudes towards safety, and I have also had 8-year old’s handle guns on the firing line with impeccable safe handling. You cannot gauge responsible-ness solely upon age. Everyone has a goofy Brother-in-Law or Uncle that you probably feel it is prudent to restrict access to your firearms. Choose those “authorized” persons wisely.
Storage is a long-term activity. All guns should be STORED unloaded and separate from the ammunition, preferable LOCKED in a safe.
The NRA’s 3rd rule for safe gun handling is “Always keep your gun unloaded until ready to use”. You are not using your hunting rifle when it is in your gun safe; therefore it is unloaded. You load it when you are in your tree stand or at your hunting spot when you ARE using it.
- A gun that is staged for personal defense might be loaded because it IS being used.
For example, my daily carry gun is STAGED on my body in a holster, in my direct control and it IS loaded. I AM using it as a tool of self-defense. “Use” does not always mean making it go Bang-Bang-Bang. We don’t put on a seatbelt as we are crashing our car… we use the seat belt even if we are not crashing our car… we use our fire alarms even when they are not beeping….why should a defensive tool be any different. If you are uncomfortable carrying a firearm loaded on your person, I suggest that you re-evaluate your equipment and get some training so that you do feel comfortable carrying a loaded firearm. There are too many examples of when folks carried a gun with out a round in the chamber and it ended tragically for the gun owner.
Your “night stand” gun may be staged next to your bed. Remember how I mentioned that your lifestyle would play into your staging practices. If you live alone, having the gun in a drawer in the nightstand may be reasonable for you. Add more people in and around your house, then perhaps locked in a box might be more responsible. The most secure way to store a firearm is in a locked safe, however try and do the whole “3 to the left, 12 to the right” business in the middle of the night without your glasses while under stress. You must balance security with efficient access. There are many secure options available that are reasonably efficient as far as quick access is concerned. Lock boxes that utilize simplex locks, RFID or thumb print technology are proving to be quite reliable and “easy-ish” to access under stress. With that said, no matter what device you choose to use to stage your gun, follow this rule:
- If your gun has a round in the chamber the trigger guard MUST BE COVERED.
Remember my previous article on the importance of trigger discipline? Whether your gun is on the nightstand, in the nightstand, in a locking mechanism… if it has a round in the chamber… IT MUST HAVE THE TRIGGER GUARD COVERED. Keeping it in a holster or using a trigger cover will preclude you from accidentally hooking your trigger while retrieving your gun. If you don’t have a way to cover the trigger guard, then it may be prudent to stage the gun with a magazine inserted but the slide locked open. However you choose to set up your defensive tool, take your locking box to the range and practice retrieving your firearm and getting it into a loaded condition while you practice shooting it.
Lastly, as I wrap up this installment, I remind you of “The Big Picture Rule”. Every time you pick up your gun, consider this:
Recognize that YOU are in control of a firearm, if YOU use this firearm carelessly, ignorantly, or with malice, YOU have the potential to harm or kill yourself or someone else.
Act accordingly. Don’t just be an armed American, be a responsibly armed American!
Stay armed, alert, safe, and be well regulated!
2nd Amendment Legal Battles of 2020: Year in Review: Major Pennsylvania and Federal Firearms Law Cases of 2020
As the year is thankfully coming to a close, we thought it important to document some of the monumental court decisions and issues that Firearms Industry Consulting Group® (FICG®), a division of Civil Rights Defense Firm, P.C., was involved in or obtained in 2020, even while we dealt with COVID and substantial court closures.
- Landmark, et al. v. Pennsylvania State Police Commissioner Evanchick, 694 M.D. 2019, an injunction was issued against the Pennsylvania State Police’s implementation and enforcement of its “policy” regarding what it refers to both as “partially-manufactured frames and receivers” and “80% receivers.”
- City of Philadelphia v. Armstrong – Thanks due to the steadfast support of Firearm Owners Against Crime (FOAC) and Firearms Policy Coalition (FPC), the City was enjoined from enforcing its unlawful lost and stolen firearm ordinance, which only serves to revictimize victims of crime. There is an appeal pending before the Commonwealth Court. So stay tuned!
- Civil Rights Defense Firm, et al. v. Governor Wolf, 63 MM 2020 – When Governor Wolf shuttered the legal profession and federal firearm licensees, we immediately filed a King Bench Petition before the PA Supreme Court. Although the PA Supreme Court elected not to take up the case, due to the dissent by Justices Wecht, Donohue and Dougherty and the Governor’s knowledge that we intended to file a Complaint before the Commonwealth Court, Governor Wolf immediately declared Federal Firearm Licensees to be life-sustaining.
- John Doe, et al., v. Monroe County, et al, 6384 cv 2015 – we obtained a $4 million dollar settlement and permanent injunctive relief for those whose confidential license to carry firearms applicant information was disclosed.
- Holloway v. Attorney General – while the Third Circuit overturned our Second Amendment as-applied win before the Middle District of Pennsylvania in relation to whether a DUI conviction can constitutionally prohibit an individual in perpetuity, we have now filed a Petition for Certiorari with the U.S. Supreme Court!
- Folajtar v. Attorney General – while we also had the Third Circuit uphold a perpetual ban on a young woman who made false statement on a tax return, we have now file a Petition for Certiorari with the U.S. Supreme Court!
- Firearm Owners Against Crime, et al v. City of Harrisburg, et al – we had oral argument before the PA Supreme Court on what mus be averred or otherwise proven to establish standing to challenge an unlawful firearm or ammunition ordinance.
- Firearm Owners Against Crime, et al v. City of Pittsburgh, et al – we had oral argument before the Commonwealth Court in relation to the City’s appeal of the trial court’s determination that all three ordinances enacted by the City of Pittsburgh were unlawful.
- When a number of Pennsylvania Sheriffs violated their oaths, we took action to reopen the sheriff departments for the issuance of licenses to carry firearms. This includes the federal court action of Fetsurka, et al v. City of Philadelphia, et al, which resulted in the City of Philadelphia implementing an electronic license to carry firearms application process.
- Governor Wolf signed HB 1188, which made the use of thermal and night vision devices lawful for hunting in Pennsylvania.
- We addressed that it is not unlawful in Pennsylvania to carry a firearm, pursuant to a license to carry firearms, while wearing a mask.
- We also addressed what to do if law enforcement seeks to confiscate your 80% lower/frame/receiver.
- We also alerted our viewers of ATF’s intent to entering into a notice and comment period regarding stabilizing braces and thereafter posted when the ATF withdrew the notice.
So what can we expect for the new year?
- A decision by the PA Supreme Court in Firearm Owners Against Crime, et al v. City of Harrisburg, et al, regarding what is necessary to aver or prove in order to establish standing to challenge an unlawful municipal firearm or ammunition ordinance
- A decision by the Commonwealth Court in Firearm Owners Against Crime, et al v. City of Pittsburgh, et al, regarding its three unlawful firearm and ammunition ordinances.
- A decision by the Commonwealth Court in City of Philadelphia v. Armstrong regarding its unlawful lost or stolen firearm ordinance.
- A decision by the U.S. Supreme Court in Holloway v. Attorney General as to whether to grant Certiorari.
- A decision by the U.S. Supreme Court in Folajtar v. Attorney General as to whether to grant Certiorari.
- New new anti-gun Biden administration ATF.
How can you stay abreast of important decisions and FICG’s machinegun shoots? Head over to our Newsletter signup page and select the newsletters that you wish to receive!
If you or someone you know has had their right to keep and bear arms infringed, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.
Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.
Published by Joshua Prince, Esq.
Silencers/Suppressors; What Is the Reality of Their Criminal Misuse?
It is a fact that, Hollywood notwithstanding, very few people are prosecuted for the illegal possession of silencers/suppressors in the United States.
Part of the problem is in understanding the U.S. criminal justice system and how criminal records are filed, cross-referenced and archived. These records are kept in many different formats, and not easily searchable or sortable by offense. Compounding these problems is the fact that there are both federal and state crimes regarding silencers and far too much of this data is NOT digitally stored ‘or’ in searchable databases available to the public.
In an academic paper, Criminal Use of Firearm Silencers, published in 2007, the number of prosecutions appears to be very low. From westerncriminogy.org:
Perhaps a question to ask is how many people by comparison misuse silencers each year. As will be discussed below, there only appear to be about 30 federal prosecutions involving silencers each year, and it is very unlikely that there are more than 200 state and federal prosecutions per year involving silencers. It is possible that there is much more illegal use going on which is not prosecuted, but these numbers certainly suggest that silencers are a minor law enforcement problem.
By comparison, there were about 663,000 arrests for marijuana, (610,000 for possession) in 2018, the lowest in the last 20 years.
Since 2017, eight cases originated from Project Safe Neighborhoods (PSN) or Project Guardian, which are federal law enforcement initiatives. Project Guardian focuses on federal firearms crimes.
The number of prosecutions for possession of silencers seems very small. The potential sentences are extreme. 10 years for simple possession; a mandatory 30 years if used in a crime of violence or to further drug distribution.
There are roughly two million legal silencers in the United States today and the numbers are growing rapidly.
Two Words that Encompass Strength, Hope and Resilience
By Richard Busch. December 28, 2020
These days, most everyone has an opinion on current events and the body politic. Many are well-informed, more, not so much. Too many other folks just hate. That's all they know and all they care to know. A great many of us know others who fancy themselves (on an unconscious level) as make believe radio and TV pundits, without the radio and TV, always looking for an audience to "broadcast" to. Give them a station and sponsors, and they'd be all set! In the meantime, our e-mails fly back and forth as we robotically watch the talking heads beat the hell out of each other. It's all fast and furious. And the sheep sleep, motionless. It's hard to get sheep to be awake, instead of woke.
So for many of us, frankly, it's not often that one receives something that genuinely deserves to be passed along. In this case, it's a response from a friend of mine, Dr. Chip Gallo, who besides his many other professional achievements, is a firearm instructor. I had sent him personal greetings for the holiday season. Here is his response. Discover for yourself, his two words!
Thank you for your kind words. I hope Hanukkah, earlier in the month, went well for you. While we have faced many challenges over the years, this next year portends to be the biggest challenge ever. Considering how problematic 2020 was, we may end up thinking back on 2020 with fond nostalgia compared to what is yet to come.
As a firearm instructor I have been used to telling people to stay safe. Well I changed that. The carrot quest for the illusion of safety has been used for mass manipulation and control of Americans and in fact the rest of the world population as well. Fear as you know is a primary emotion and using it as cleverly as has been done has had a powerful effect in creating, in my opinion a consensual delusional construct, the consequences of which has resulted in extreme damage to our Republic, our Constitution, and our Freedom - these are all on life support right now. So to hell with the safety - living a free life entails risk. So instead of Stay Safe, I now say Stay Free.
FOAC 1st Vice-President
Support for Gun Control Continues to Fall as Biden Administration Considers Issues
With record gun sales this year, it should be no surprise that when asked about their priorities for Biden’s first 100 days as president, voters ranked gun control at the bottom. On a list of 25 potential policy changes, “legislation to restrict gun ownership” is near the lowest quintile, ranked #20. As President-elect Joe Biden is no doubt under heavy pressure from the well-funded gun control groups, it is important for him to understand the role of firearm freedoms in the United States
Adding more gun control laws isn’t what voters are looking for.
Court Removes the Entire Prosecutor’s Office from McCloskey Self-Defense Case
You may remember the self-defense case in St. Louis Missouri that caught national attention earlier this year. The local prosecutor, Kim Gardner, opened up a criminal case against the husband Mark McCloskey and his wife Patricia.
On 10 December 2020, in the Missouri Circuit Court, Judge Thomas Clark, II, removed Circuit Attorney Kim Gardner from the prosecution of the criminal case against Mark McCloskey. The case before the court did not include Mark's wife, Patricia.
The Court cited both statutory law and rules of conduct for prosecutors.
Then the Court disqualified the entire Circuit Attorney's office from prosecuting the matter as well, saying they are all tainted because they all work for the Circuit Attorney, Kim Gardner. The case has been so public they cannot escape an appearance of impropriety.
The entire ruling is beautifully written. It is an interesting read.
It is likely voters in St. Louis will continue to re-elect Kim. She will likely continue to get money from George Soros and similar left-wing funds. It seems probable, with a different prosecutor, the charges will be dropped. They never were rational under Missouri law.
- Seattle security guard who disarmed two rioters speaks out
- Is the US Supreme Court compromised and are they shirking their duty? Listen to this video and you decide.
- On December 23, President Trump gave a magnificent 11-minute speech detailing the fraud that took place during the November election.
- Adorable little girl in Santa Claus hat, who knows how to fire a handgun and a rifle, is the future! Ask yourself, are your gun owning friends this good??
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: 90
2019-2020 Session Federal Bills (updated)
- Pro-Gun Bills: 68
- Anti-Gun Bills: 153
Founding Father’s Statement on Freedom:
I consider the foundation of the Constitution as laid on this ground: That "all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people." "To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power, no longer susceptible of any definition."
Thomas Jefferson, Opinion on the Constitutionality of a National Bank, 1791
Closing Thoughts: Century-Old Arguments Against Gun Control Laws are Just as Valid Today
H.L. Mencken (1880-1956) was the most influential newspaperman of his era and a prolific author of iconoclastic books and essays. This essay was a refutation of early attempts to institute gun control in America. It is worth your time and consideration:
Read Essay Here: https://www.thetruthaboutguns.com/timeless-century-old-arguments-against-gun-control-laws-are-just-as-valid-today/
We wish you a Happy New Year’s Celebration – Stay Free!
Yours in Freedom!
Kim Stolfer, President
**As a reminder, all FOAC members and, indeed, every gun owner can participate in the January 10, 2021 FOAC Monthly meeting from any PC, Mac, Linux, iOS or Android phone by clicking on the link below:
Join from PC, Mac, Linux, iOS or Android by Clicking the Link Below:
Meeting ID: 412 257 1099
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To join this membership meeting you must RSVP by sending an e-mail firstname.lastname@example.org and confirm your attendance and the Meeting Password will then be e-mailed to you by one of the officers.
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