POSTED SEPTEMBER 27, 2006

Gun protesters aim at state laws...
as House panel backs expanded limits on deadly force

By CATHERINE LUCEY
luceyc@phillynews.com
215-854-4172

HARRISBURG'S message to Philadelphia yesterday? Lock and load.

During the first day of a House of Representatives special session on crime and violence, legislators provisionally approved a bill that would expand the rights of gun owners to "shoot first and ask questions later."

"Does this make good sense?" asked state Rep. Dwight Evans, D-West Oak Lane, as more than 1,000 Philadelphia antiviolence activists rallied outside, calling for stronger gun legislation.

Evans helped organize yesterday's session at which legislators voted informally on bills to get a sense of which might later pass.

Pennsylvania already allows people to use deadly force against intruders in their homes. This bill, sponsored by Rep. Steven Cappelli, R-Lycoming, also would allow people to use firearms in or around their businesses and cars if they face death, serious bodily injury, kidnapping or rape.

Advocates call this type of bill "stand your ground" legislation.

Alisha Corley (left), mother of Cashae Rivers, a 5-year-old girl killed by a stray bullet.

Jessica Griffin / Daily News

"This proposal takes the fear away from people who want to protect their family from others without fear of legal retribution," said Rep. John Pallone, D-Westmoreland.

But Evans, a longtime proponent of gun control, said: "I would ask that we really think about this. This concept moves in the wrong direction."

The House Committee of the Whole got through about 40 of the proposed 94 bills yesterday. The members did not discuss bills backed by Philadelphia anti-crime advocates - including one-gun-a-month legislation and a bill to allow some cities to enact gun laws. They will return today and possibly tomorrow to finish.

The vast majority of bills discussed were approved, notably a proposal by House Speaker John Perzel, R-Northeast Philadelphia, to add 10,000 cops throughout the state by 2010. Also supported were increased penalties for owning or dealing illegal guns; the creation

of a department on drug and alcohol abuse, and a measure that would allow police without cause to search people with violent-crime convictions.

But the self-defense bill was the most hotly debated item on the floor all day.

State Rep. Babette Josephs, D-Center City, was among several Philadelphians who spoke out against the legislation, citing a letter from District Attorney Lynne Abraham that condemned it.

"We just voted overwhelmingly to put 10,000 more police officers on the street across the state," she said.

"If at the same time we're going to remove from prosecutors one of the tools they need to convict people... I see no sense whatsoever in our actions."

But, Cappelli said, "This is about the growing number of men and women who have purchased a weapon... [so] that they may stand their ground and defend themselves."

The bill passed, 151 to 42.

Evans, a likely 2007 mayoral candidate who has long fought for better anticrime legislation, said that regardless of how the votes go, holding the special session is a victory.

Conversation was lively and passionate throughout the day, with some members drawing on personal experiences with crime.

Rep. John Myers, D-Germantown, whose son is still missing after being abducted last month in Overbrook Park, spoke emotionally about the need for more protection on the streets.

"Nobody wants their son or daughter violated in any way," he said.

Noise from the afternoon anti-crime rally with activists and leaders from Philadelphia didn't penetrate the House chambers.

Meanwhile, gun supporters made their presence known in the session. A small group of gun-rights supporters frequently applauded from the gallery, and legislators routinely made reference to the wishes of hunters.

"A lot of us are going to, with hesitation, look at legislation like this," said Rep. Daryl Metcalfe, R-Butler, when discussing a straw-buying bill. "This legislation is being opposed by a coalition of sportsman associations."

Many elected officials joined Mayor Street early in the day at a news conference urging stronger gun laws.

On hand were New York City Mayor Michael Bloomberg, Trenton Mayor Doug Palmer, U.S. Rep. Chaka Fattah, and mayors from around Pennsylvania, state representatives, state senators, members of Philadelphia City Council and Philadelphia police's top brass.

"For us this is another in a series of actions we will take to tighten gun laws not only in the state of Pennsylvania, but in this country," said Street.

Bloomberg said he supported tougher gun laws in a neighboring state like Pennsylvania, noting that 85 percent of guns recovered in New York were bought out of state.

The most passionate rhetoric came from Trenton mayor Palmer, who exclaimed, "This is an issue about race and about poor people."

He added that it wouldn't be so hard to pass legislation "if the victims of these crimes weren't poor, African-American and Latino."

The session continues today with more gun debate. "I hope when all this is settled and done, we make a safer environment for all," said Rep. Angel Cruz, D-Kensington. "It has to be done for everyone."