State ban on concealed weapons heads to an appeal

A higher court has decided to hear an appeal of a local case that declared Ohio's law against carrying a concealed weapon unconstitutional.

The Third District Court of Appeals in Lima said it will hear the case out of Seneca County Common Pleas Court, a spokeswoman in at the Lima court said.

Transcripts on the matter from common pleas court are due by April 22, the spokeswoman said. After that time, further dates will be set.

In the case, a Fostoria woman, riding as a passenger, was arrested after a June 2002 traffic stop at Springville Avenue and SR 18 in Fostoria. The driver was charged with driving under the influence. An Ohio State Highway Patrol trooper found a loaded 9 mm semi-automatic pistol under her seat as he was taking an inventory of the vehicle.

The woman, who said she needed the gun for protection because she had been raped, was subsequently charged with one count of carrying a concealed weapon.

In November 2002, the woman asked Common Pleas Judge Michael P. Kelbley to throw out the case out because the law was unconstitutional.

Last month, Kelbley issued an 18-page ruling, doing just that. The judge said in the ruling that state law deprives citizens of the right to self defense.

County Prosecutor Ken Egbert Jr., before filing the appeal, filed a motion asking for Kelbley to stay his own decision, which was denied.

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