Triggering a debate

Like anyone else who watches the news, gun owner Gregory J. Isabella is well aware of the recent spate of fatal shootings in Philadelphia.

But the co-owner of Firing Line Inc., a firearms dealer and distributor at 1532 S. Front St., insists the city won’t solve anything with "feel-good legislation."

"Every year, when there’s instances of gun abuse, they go back to the same old remedies," said Isabella, 52, whose store also sells merchandise to federal, military and police officials and contains a shooting range.

He argued that legislation limiting legal firearms sales only chastises law-abiding citizens while failing to address effective ways to curb gun violence.

But with 92 homicides in the city so far this year – including eight gun deaths in a three-day span last month – as opposed to 84 at this point last year, officials have been under the gun to act.

Last week, Gov. Ed Rendell announced the formation of a short-term task force to investigate gun violence statistics statewide. The 21-person commission has 45 days to examine the state’s gun laws and decide how funds could be used most effectively to thwart gun-related homicides.

The goal is to "present this plan to the governor for his action and advice and to get a better handle on these kinds of crimes, who’s committing these crimes and the character of individuals committing these crimes," said District Attorney Lynne Abraham, a commission member.

The task force comes on the heels of a plea from Mayor John Street to Rendell about the city’s need to regulate gun sales. In a letter to the governor, Street noted that 80 percent of the city’s 348 homicides in 2003 were committed with guns.

According to gun trace reports from the Bureau of Alcohol, Tobacco and Firearms, very few people who commit crimes with guns buy their weapons from a federally licensed dealer. Most guns used in a crime changed hands at least once before reaching the shooter – through theft, legal transfers, straw purchases or trafficking, the reports stated.

The Philadelphia Police Department also is taking aim at reducing the number of illegal guns on the streets. This month, police stations are accepting any unloaded gun – no questions asked – in return for a voucher to City Blue, a clothing and shoe store.

A returned rifle will be rewarded with a $50 voucher, while handguns and assault weapons are worth $100 and $200, respectively.

But gun advocates are unsure of the effectiveness of the plan.

Criminals who commit an offense with a firearm will never turn in their weapon, noted Nick Giordano, 58, an employee at the South Philadelphia Archery & Gun Shop, 831 Ellsworth St.

"Suppose the gun has a crime attached to it," he said. "What about those?"

DESPITE THE POLICE Department’s gun buy-back campaign and the belief that "one homicide is too many," Inspector Bill Colarulo of the Police Public Affairs Unit maintains that there has been no real spike in the homicide rate in Philadelphia.

"When compared over a 10-year period, we’re still lower than we were in the past," he said.

That fact offers little comfort to city officials, who continue to grapple with the state’s gun-purchasing requirements and an inability to create more stringent gun laws.

Statewide legislation passed a decade ago precluded the city from enforcing its own regulations while also redefining gun-purchasing policies, said Abraham.

State Sen. Vince Fumo authored Act 17, the Uniform Firearms Act of 1995, which introduced the Pennsylvania Instant Check System. Under this system, a gun dealer phones the toll-free number linked to the state police, who complete a record check on the potential buyer. Customers will be denied handguns if they have committed any of the legislation’s outlined offenses.

"The law defined a series of triggers for which people could be denied a gun purchase," said Gary Tuma, a spokesperson for Fumo. "It created a comprehensive list of criminal activity."

Potential buyers who receive approval from the hotline are eligible to purchase a handgun on the spot. There is no limit placed on the number of handguns a person can purchase and a buyer does not face a waiting period – a rule some city officials would like to see altered.

"Besides a few exceptions, there are really no legitimate explanations for someone to buy a dozen guns at one time," said Colarulo.

A modification of the state’s gun laws would help the city better protect itself, Abraham added.

"We want Pennsylvania to be smart about gun laws," she said. "What we need are legislators to step up to the plate and make corrections."

More stringent regulations already are in place in New Jersey, which requires a permit to purchase a handgun, local and state background checks, and fingerprinting.

GUN SHOP OWNER Isabella worries that the rights of legitimate firearms buyers could be a casualty of additional laws.

"Why do they have to be penalized and wait for something that can take weeks or months when it can be done instantaneously?" he posed. "Why does a law-abiding citizen have to be penalized due to a small percentage of individuals?"

Isabella contended that city officials are not taking advantage of a provision of Act 17 that holds the seller of an illegal gun accountable for a crime committed with that weapon.

"If someone commits murder, that illegal seller can be charged as an accessory to murder," confirmed Tuma.

The city does not enforce this legislation, opting instead for the implementation of newer laws, he added.

"You can pass all of the laws you want to, but if you’re not going to enforce them, they’re not going to be any good," Tuma said. "We need a tougher enforcement of criminal misuse of guns rather than more laws that aren’t going to be enforced."

Abraham said the problem with the statute is that law enforcers would most likely need to "make a deal" with a felon to prosecute the illegal gun seller.

The crime should be placed on the person possessing the firearm, she added.

Gun proponents offer their own ideas to fight violent crimes committed with a firearm.

Giordano, of the South Philadelphia Archery & Gun Shop, said that for starters, the court system should not drop gun charges as part of a plea agreement.

"A criminal will go to jail for one crime while not doing time for gun violations," said Giordano.

Isabella points to a plan called Blueprint for a Safer Philadelphia, which was initiated last year with state funding to address violent crime. The plan’s initiatives include the formation of the city’s gun court and increased financial support for the Youth Violence Reduction Partnership.

But Abraham feels the answer can only be found through the state’s elected officials.

"Murder is no mystery in Philadelphia, but it is correctable with just a few legislative strokes," she said.