SELF-DEFENCE A TOUGH SELL IN PENNSYLVANIA
When a Somerset County man opened fire on two intruders at his apartment last month, killing one, he insisted he was protecting himself. Whether Matthew Eperjesi was justified remains a question for the courts at a time of nationwide debate over extending legal protection for gun owners to shoot intruders in their homes and even people threatening them on the streets. Gun rights advocates are applauding so-called “stand your ground” laws that have left anti-violence groups nervous. This year, nine states have enacted such laws, following Florida, which led the way with legislation passed in 2005.
Pennsylvania is among more than a dozen other states considering joining the trend. “People are more fearful today for their well-being than they ever have been,” said state Rep. Steven W. Cappelli, R-Williamsport, who spearheaded a bill under review by the House Judiciary Committee. “I believe we should follow the lead of other states and strengthen the rights of law-abiding citizens.” Cappelli’s bill would allow Pennsylvanians to shoot before shooting becomes a last resort. Under current law, residents can protect themselves with firearms if placed in danger of death or serious injury, but the proposed law would relax what’s commonly called a “duty to retreat.”
In other words, that an intruder is breaking and entering would be proof enough that he means harm. Perhaps more controversial, though, shooters also would be exempt from facing criminal prosecution or civil lawsuits if they shoot and kill someone who is attacking them outside of the home. “We believe it is fundamental to the American way of life and everybody’s right to protection,” said Ashley Varner, spokeswoman for the National Rifle Association. Varner said the NRA has made the “stand your ground” changes a top legislative priority.
Opponents are calling the laws “shoot first” legislation. Some even call the laws “a license to murder.” “There are a lot of untrained people out there with guns and a lot of innocent bystanders that can get clipped,” said Chad Ramsey, Pennsylvania field director for the Washington, D.C.-based Brady Campaign to Prevent Gun Violence.
Cappelli said great care has been taken that his bill would not backfire if signed into law. Lethal force would not be justified against law enforcement, parents or other guardians removing a child or other residents from a home or vehicle. Police and prosecutors would make the final determination on whether a shooting was criminal. “Shoot first and ask questions later? I’d say this is not the case,” Cappelli said. “This isn’t an ‘OK Corral’-type bill. This is a bill that we think more clearly defines self-defense and the use of self-defense.” Cappelli said he’d like to have hearings on the bill and get it to a full House vote soon.
State Rep. John Pallone, D-New Kensington, a member of the judiciary committee, said he supports the idea of giving homeowners more freedom to protect themselves, but he thinks the bill may be a tough sell statewide, especially in urban areas with gun problems. “I imagine that bill will be very seriously debated,” he said. “At opposite ends of the state, we have very different views on how guns should be treated.”
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Alabama oldster gets revenge: “A 40-year-old Lauderdale County man was shot to death late Wednesday afternoon. Witnesses told sheriff’s investigators the shooting stemmed from an ongoing feud over custody of the victim’s ten-year-old boy. Sheriff Ronnie Willis said Anthony Eugene Hunt was hit with several shotgun blasts as he tried to drive away from his former father-in-law’s house. The shooting happened about 5 p-m at a residence in the Zip City community off Alabama 17. Willis said it appeared that 75-year-old Neler Keeton fired the shots, killing Hunt. Investigators are trying to determine whether Hunt struck Keeton in the head with a metal object. No charges were immediately filed after the shooting, but Keeton, who was treated for a head wound, was questioned.”
