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Published: Saturday, 2/15/2003

Judge sticks with ruling negating weapons law

In a ruling from the bench after a half-hour hearing, Judge Michael Kelbley declined the request from county Prosecutor Ken Egbert, Jr. The judge invalidated the concealed-weapon law Tuesday in a ruling that dismissed an indictment against a Fostoria woman.

The woman was arrested during a traffic stop in July and charged with carrying a concealed weapon. She acknowledged having a loaded handgun under the seat of her car and said she had the weapon because she was a rape victim and feared for her safety.

Mark Klepatz, an attorney for the woman, said he was pleased that Judge Kelbley did not issue a stay. “Essentially, my argument was that the court had no authority to grant the stay,” he said.

After yesterday's hearing, Mr. Egbert appealed the judge's original decision to the 3rd District Court of Appeals in Lima and requested a stay.

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