https://www.chron.com/news/crime/article...witter.com

A Florida woman's effort to protect herself from domestic violence has become a flashpoint in the debate over gun rights and victims' safety.

Courtney Irby gave her estranged husband's guns to police after he was charged with domestic violence-aggravated battery, only to find herself arrested for theft.

She spent six days in jail on charges of armed burglary and grand theft after she retrieved the assault rifle and handgun from her husband's apartment and gave them to Lakeland Police. Joseph Irby was spending one day in jail at the time, accused of ramming into her car after a June 14 divorce hearing.

After her husband's arrest, Courtney Irby petitioned for a temporary injunction for protection, which was granted. Federal law prohibits people under a domestic violence restraining order from possessing guns, but it's up to local law enforcement to enforce it, according to the Giffords Law Center to Prevent Gun Violence.

Courtney Irby told police that she believed he wouldn't turn in his guns himself, so she took action. According to her arrest report, she said she entered her husband's apartment through a locked door without his permission and took the guns to a police station.

"So you're telling me you committed an armed burglary?" the officer asked her.

"Yes, I am but he wasn't going to turn them in so I am doing it," the officer said she responded.

While federal law prohibits people under domestic violence restraining orders and convicted of domestic violence from possessing guns, local law enforcement and prosecutors don't have the tools they need to enforce those restrictions, her lawyer said in a letter to the state attorney.

She should have informed the police he had weapons and allowed them to do their jobs.

Quote:According to her arrest report, she said she entered her husband's apartment through a locked door without his permission and took the guns to a police station.

"So you're telling me you committed an armed burglary?" the officer asked her.

"Yes, I am but he wasn't going to turn them in so I am doing it," the officer said she responded.

Sounds pretty open and shut to me. Prosecute her.

Florida

Them cucks in the 20s should have never let them vote

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I wonder if the judge will issue the husband a restraining order. She sounds as loony as he is dangerous

Sooooo, did she break the law?

Are we a nation of laws or a nation of men/women?

What laws am I now allowed to violate, cause, well cuz?

Don't like it? Change the laws. Wantonly violate the laws?

Lock her up. Lock her up...

I hate that she was a victim of domestic violence but love that when she clearly broke a law and even went so far as to confess to it, she was arrested.

Sounds like an average Florida situation

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Wait, so the woman hates guns thus a Demoncrap and her ex loves and buys guns and is a Republican? I think it was better than that they divorced. No wonder they had arguments.

She broke the law, should be prosecuted. If she has 'reasonable' fear, the 'conviction' (or not) can be adjudicated. If her fear that the husband would come after her before the police could do something was reasonable, she will walk. If not, she goes to jail....

and liberals everywhere will claim instead that her fears were absolutely reasonable and march in protest and claim that republicans hate women, even if the judge and police are all democrats

(06-26-2019 01:21 PM)Hambone10 Wrote:  She broke the law, should be prosecuted. If she has 'reasonable' fear, the 'conviction' (or not) can be adjudicated. If her fear that the husband would come after her before the police could do something was reasonable, she will walk. If not, she goes to jail....

and liberals everywhere will claim instead that her fears were absolutely reasonable and march in protest and claim that republicans hate women, even if the judge and police are all democrats

This wasnt about fear it was punishment. The fact she knew the law on guns and abuse means someone told her. It also means she told someone that gave her the order about the guns. If he had threaten her with the guns the police would already had them. She didnt want to wait she wanted him punished right then. . But even if she feared it does not give her the right to break into someone's home...

in most states doing that can get you shot and killed, legally.

I'm kinda torn on this one. On one hand, she broke the law clearly and should be punished. On the other hand I've read that after their divorce proceedings the husband followed her, rammed her car, and drove her off the road. And part of the divorce due to this incident was for him to turn in his guns....I completely understand her fearing he'd kill her given what happened. So I get her "breaking a law".

(06-26-2019 01:33 PM)WKUYG Wrote:  

(06-26-2019 01:21 PM)Hambone10 Wrote:  She broke the law, should be prosecuted. If she has 'reasonable' fear, the 'conviction' (or not) can be adjudicated. If her fear that the husband would come after her before the police could do something was reasonable, she will walk. If not, she goes to jail....

and liberals everywhere will claim instead that her fears were absolutely reasonable and march in protest and claim that republicans hate women, even if the judge and police are all democrats

This wasnt about fear it was punishment. The fact she knew the law on guns and abuse means someone told her. It also means she told someone that gave her the order about the guns. If he had threaten her with the guns the police would already had them. She didnt want to wait she wanted him punished right then. . But even if she feared it does not give her the right to break into someone's home...

in most states doing that can get you shot and killed, legally.

I'm not questioning you, I'm just presenting the two sides. If her fear was reasonable, she should walk and the city should be held accountable for not addressing it more quickly. If it was not (and you seem to have evidence that says that, I don't know) then she should go down for the charge.

WAY too many people use '(s)he done me wrong' to excuse criminal behavior.

He's not going to obey the law so I'm going to violate the law.

See, that makes me OK and woke.

Because I'm better than everyone else and my ideas matter more.

A lot of assumptions here. First, we are assuming her claims of domestic violence are genuine and not false accusations. Temporary injunctions are granted without evidence or a hearing just upon allegations. She did commit a armed burglarly by going into his home to steal his weapons. I trust the prosecution to review the case and do whats fair.

I'm not quite sure why it is armed burglary. I mean, she was clearly armed when she came out, but was she armed when she went in? If what you take is a gun or guns, under Florida law does that make it an armed burglary?

(06-27-2019 06:44 AM)Owl 69/70/75 Wrote:  I'm not quite sure why it is armed burglary. I mean, she was clearly armed when she came out, but was she armed when she went in? If what you take is a gun or guns, under Florida law does that make it an armed burglary?

Yeah, in Florida it is armed burglary if you become armed at any point during the burglary. So if you steal a gun or knife during a burglary then you made a huge mistake.

(06-27-2019 07:53 AM)Jugnaut Wrote:  

(06-27-2019 06:44 AM)Owl 69/70/75 Wrote:  I'm not quite sure why it is armed burglary. I mean, she was clearly armed when she came out, but was she armed when she went in? If what you take is a gun or guns, under Florida law does that make it an armed burglary?

Yeah, in Florida it is armed burglary if you become armed at any point during the burglary. So if you steal a gun or knife during a burglary then you made a huge mistake.

Learned something.