Rape victim gets 10 day jail sentence for exercising ''fundamental right"
A Seneca County concealed-weapons case that brought statewide attention to the problems with current Ohio law has officially come to a close, and once again, a victim has been victimized.
Kathryn Howard, 29, of Fostoria pleaded guilty in Seneca County Common Pleas Court to a charge of improper handling of a firearm in a motor vehicle. Judge Michael Kelbley sentenced her to 180 days in jail but suspended 170 days. She was given credit for three days served and will have to serve the remaining seven days sometime within the year.
The case began in July, 2002, when Ms. Howard, who was a passenger in a stopped vehicle, was arrested by the Ohio Highway Patrol for having a gun under her seat. Howard explained to the trooper that she was a former rape-victim, and carrying the firearm for her defense and security, (per Ohio's affirmative defense law). She was arrested and prosectuted.
In November, 2002, Judge Kelbley dismissed the charge, saying that the state’s law on carrying a concealed weapon was unconstitutional. Seneca County Prosecutor Ken Egbert, Jr. appealed the ruling to the 3rd District Court of Appeals in Lima.
After the Supreme Court ruling in Hamilton County, Mr. Egbert then pursued an amended charge against Ms. Howard. As is common with many who are charged under this law, Ms. Howard pled to a lesser charge rather than risk being found not to have had an affirmative defense.
For eight months, while the case was on appeal, Ohio's concealed-carry ban was unenforcable in Seneca County. During that time, according to law enforcement officials, the county experienced no problems. This experience proves once again that Ohioans are as capable as citizens of Vermont or Alaska to carry firearms for self-defense without ANY licensing structure.
Click here to read the story in the Toledo Blade.
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