Battered woman carrying firearm convictedWife in danger from husband busted after leaving pursed gun in market
Posted: January 17, 2006
1:00 a.m. Eastern
A woman who had carried a gun in her purse to help protect her from her husband, who she believed was trying to kill her, has herself been turned into a criminal as California prosecutors convicted her of carrying a concealed firearm without a permit.
The woman, whom San Francisco Chronicle columnist Joan Ryan calls "Rebecca" to protect her identity, was convinced her husband was determined to kill her. In 2001, she left him and went underground through the California Confidential Address Program, using a phony address in Sacramento, Calif.
In telling Rebecca's story, Ryan says last summer there were signs the woman's husband had found her. Knowing the police couldn't protect her 24/7, Rebecca began carrying a handgun in a pouch in her purse. She had purchased the firearm after leaving her husband, waiting the required 10-day period and registering it legally.
"Maybe [the gun] would save her from becoming one of the 1,300 people killed in the United States each year in domestic violence attacks," writes Ryan.
In August, Rebecca stopped at an Albertsons supermarket in Half Moon Bay, Calif., on her way home and accidentally left her purse at the checkout counter. It held her loaded handgun.
That's when prosecutors in California turned a woman in danger of her life into a criminal herself.
Explains Ryan: "She was arrested for carrying a loaded gun and sentenced last month by a San Mateo County court to 10 days in jail and 18 months' probation. Her conviction means she can no longer possess a gun, and it might jeopardize her participation in the Confidential Address Program."
Commented Rebecca: "I'm 55 years old. I've never committed a crime. I'm not a threat to anybody.''
Rebecca believed she could carry a concealed weapon legally without a permit because of an exception in the law for anyone who "reasonably believes that he or she is in grave danger because of circumstances forming the basis of a current restraining order.''
While there was a restraining order against Rebecca's husband, it had expired in June; she had thought it was permanent.
"The restraining order would have been enough to take it to a jury trial,'' Ben Lamarr, the lawyer who represented her in court, told the Chronicle. "It would have created a technical defense, but without that, she didn't have anything.''
An appeal of the sentence allows her to work in jail during the day and sleep at home. Even so, it will cost her $20 per day plus an additional $60 fee, She also will lose 10 days' wages, the gas to drive from the county where she lives to the San Mateo County Jail and the $160 fine she already paid.
Not only does the loss of her gun leave her more vulnerable to her husband, but prosecutors used her actual address on public records involved in the case, a mistake Ryan says they are trying to rectify.
"I'm usually not in the business of trying to get anybody's gun back, but with this conviction, she couldn't have it even in her house anymore,'' attorney Myra Weiher, who is trying to get the conviction set aside, told the paper.
"This is scary stuff she's facing (from her batterer). Guys like this don't behave in ways regular criminals do. They're stealth. They're all about terror.''
Concludes Ryan:
"Something's wrong when, in trying to keep herself alive, the terrorized woman becomes the criminal."