PORT CLINTON — An Ottawa County judge did not violate the law when he took home a rifle from the sheriff’s office to use for home security, according to a recent opinion by a special prosecutor.

Common Pleas Judge Bruce Winters took the semiautomatic rifle, which had been stored in the sheriff’s evidence room after it was seized in 2007 by the court’s probation office, sometime after he took office in 2009.

DOCUMENT: official letter indicated Winter did not violate Ohio law

He returned the weapon weeks ago after some raised questions about his possession of it.

Last month, Ottawa County Prosecutor Mark Mulligan asked Jeffrey Lingo of the Lucas County Prosecutor’s Office to review the matter after Ottawa County Democratic Party chairman Adrienne Hines questioned if the judge could legally take and hold onto the gun.

Mr. Lingo, in a letter received by the Ottawa County prosecutor, said his review found no violations of state law.

“There is no evidence that Judge Winters ‘demanded,’ ‘commandeered,’ or otherwise inappropriately obtained the weapon,’” Mr. Lingo wrote.

The law allows forfeited firearms to be disposed of in several ways, including giving the weapon to a law enforcement agency. There is no provision that addresses or prohibits a law enforcement agency from giving or lending a firearm to a judge, according to Mr. Lingo’s letter.

Judge Winters ran as a Democrat in 2008, but is running for re-election Nov. 4 as an independent against Democratic challenger Lorrain Croy. His opponent is endorsed by the local and state party. Judge Winters contends the gun issue was raised for political purposes.

First Published October 20, 2014, 10:24 p.m.