Florida woman jailed for handing husband's guns to cops


jkcerda

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Jun 10, 2013
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Criminal Mexi Midget
she stole them.
The next day, Mrs Irby went to her husband's apartment, gathered up the firearms and brought them to the Lakeland Police Department.

When asked by an officer if she entered the apartment without her husband's permission, she said she had. The officer asked her to confirm that she had "committed an armed burglary".

"Yes, but he wasn't going to turn them in so I am doing it," she replied, according to the officer
Prosecutor might not seek charges.
 

jerwin

macrumors 68020
Jun 13, 2015
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The term domestic violence is a failure.

Domestic violence does little of this. It doesn’t convey the psychological terror of knowing that a snake could be slipped into bed while you’re sleeping, or the emotional betrayal of having a loaded gun toyed with as a threat from someone who has complete control over your life. At its worst, domestic violence suggests complicity in one’s victimhood. One chooses one’s partner, after all.
Perhaps her "unlawful" act can be better described as an act of self defense.
 

mtneer

macrumors 68030
Sep 15, 2012
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If they are still technically married - aren't their possessions considered "community property" in Florida? If it is, then where is the question of "stealing"??
 
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Vanilla Ice

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Jan 30, 2011
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If they are still technically married - aren't their possessions considered "community property" in Florida? If it is, then where is the question of "stealing"??
I’m not familiar with FL gun laws and if firearms have to be registered or not. Let’s say they need to be, if the firearms are registered to the husband, she took property that belongs to him.
 
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Night Spring

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Jul 17, 2008
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It doesn’t matter since it’s not her property
But if she had keys, she's only guilty of theft, not breaking and entering, right? That's what I'm trying to understand. I understand why she may be accused of theft, but not breaking and entering. It doesn't say she broke in to her husband's place to get the guns, does it?
 

jkcerda

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Jun 10, 2013
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But if she had keys, she's only guilty of theft, not breaking and entering, right? That's what I'm trying to understand. I understand why she may be accused of theft, but not breaking and entering. It doesn't say she broke in to her husband's place to get the guns, does it?
theft is the charge, I don't see breaking & entering there.
 

bambooshots

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Jul 25, 2013
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The term domestic violence is a failure.



Perhaps her "unlawful" act can be better described as an act of self defense.
Not according to the law, no.

Burglary is an unlawful entry into a building or other location for the purposes of committing an offence. Usually that offence is theft, but most jurisdictions include others within the ambit of burglary. To engage in the act of burglary is to burgle or to burglarize.
[doublepost=1561472474][/doublepost]
But if she had keys, she's only guilty of theft, not breaking and entering, right? That's what I'm trying to understand. I understand why she may be accused of theft, but not breaking and entering. It doesn't say she broke in to her husband's place to get the guns, does it?
I believe she had never been to her estranged husband's apartment before, so why would she have the keys? Where are you getting info that she had keys and was allowed at the estranged husband's apartment after they separated?

Police verified Irby had never stayed at her husband’s apartment until the day of the burglary.
https://www.theledger.com/news/20190620/lpd-woman-arrested-for-turning-in-husbands-firearms-to-lakeland-policehttps://www.theledger.com/news/20190620/lpd-woman-arrested-for-turning-in-husbands-firearms-to-lakeland-police
[doublepost=1561472664][/doublepost]
That there are still some good cops out there.

Not that I'm laying all the blame on the woman here. The guy is at fault here, too. First mistake was marrying a psycho.
 
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Night Spring

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Jul 17, 2008
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I believe she had never been to her estranged husband's apartment before, so why would she have the keys? Where are you getting info that she had keys and was allowed at the estranged husband's apartment after they separated?
That's the thing. I haven't seen any good descriptions of how she got in to her husband's place. Maybe she did break in, but if she did, wouldn't that be noted? And if she had broken in, it would make more sense that she did get arrested. To me, that seems to be a key detail, but it is grossed over in the news reports.
 

D.T.

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Sep 15, 2011
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I’m not familiar with FL gun laws and if firearms have to be registered or not. Let’s say they need to be, if the firearms are registered to the husband, she took property that belongs to him.
I don't post much, but I wanted to clarify something, specifically as it related to Florida marriage law:

Registration of firearms has nothing to do with ownership in this context (not unlike a vehicle), in FL, the legal consideration is 'marital property', i.e., anything owned/purchased through the course of the marriage - it's considered owned by both/either spouse (there's some nuance to this beyond this discussion). Additionally, without a specifically addressed legal constraint (ex: restraining order), I'm not even sure it's illegal for her to enter her husband's hotel room, since they're still married and I'm sure he used marital assets to purchase the room. However, if he owned/purchased those firearms before their marriage, they'd likely be considered non-marital property, that's the real legal angle in this case.

FWIW, it works the same for a divorce [in Florida], everything belongs both parties, including debt. You run out and buy a $250K Ferrari, your wife owns half / is liable for 1/2 the debt (or assets/debt are shimmied around so maybe one person picks up the debt for the house, the other for the car ... that's for the attorneys to work out).
 

BoxerGT2.5

macrumors 68000
Jun 4, 2008
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It's not up to her to confiscate his firearms and/or turn the over to police. If a judge orders him to surrender his firearms as a condition of the restraining order or domestic violence conviction, then it is the up to Mr. Irby to hand them over or face jail time in defiance of that order or it's up to the local PD to go in and remove the weapons.
 

Raid

macrumors 68020
Feb 18, 2003
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hope they don't follow through on charges IF the husband is indeed a psycho.
Ah lawyers:
A lawyer for Mr Irby told Fox 13 that Mrs Irby had no right to enter his client's apartment. He described his client as a hard-working and calm family man.

On 14 June, following a divorce court meeting, Mr Irby was arrested for domestic aggravated battery after he allegedly ran his wife's vehicle off the road and hit her car with his own, the Lakeland Ledger reported.
She should have gone to the same cop that arrested Mr. Irby for aggriavated battery and got him to expedite a court order to get Mr. Irby to hand over the firearms.

She wasn't in the right, but she was acting in self defense... I'm pretty sure the courts will catch on to that.
 

Khalanad75

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Jul 8, 2015
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land of confusion
If this isn't tossed by a judge, I will finally have lost all faith in the American people.

Here's someone who has already shown violence towards his wife, and is ordered to turn over his guns and hadn't.

I'm glad I am reading this story rather than the other one that was a very real possibility. Her right to live outranked his right to his guns (Which he had been ordered to turn over.)
 
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ucfgrad93

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Aug 17, 2007
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If this isn't tossed by a judge, I will finally have lost all faith in the American people.

Here's someone who has already shown violence towards his wife, and is ordered to turn over his guns and hadn't.

I'm glad I am reading this story rather than the other one that was a very real possibility. Her right to live outranked his right to his guns (Which he had been ordered to turn over.)
Can you point out where it says he was ordered to turn over his guns? I didn’t see that in the article linked by the OP.
 

pl1984

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Oct 31, 2017
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Can you point out where it says he was ordered to turn over his guns? I didn’t see that in the article linked by the OP.
Not sure if he was ordered to or not but Florida has a red flag law which would allow a judge to do so upon petition. The irony being he didn't attempt to use any gun to kill her.
 

Khalanad75

macrumors 6502
Jul 8, 2015
462
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land of confusion
Can you point out where it says he was ordered to turn over his guns? I didn’t see that in the article linked by the OP.
Artcile from BBC in OG post said:
A judge released Mr Irby on 15 June on $10,000 (£7,850) bail with the order not to use, possess or carry any weapons or ammunition.
[doublepost=1561496720][/doublepost]
Not sure if he was ordered to or not but Florida has a red flag law which would allow a judge to do so upon petition. The irony being he didn't attempt to use any gun to kill her.
SO she should have waited for him to try? He had already used his car.
 

ucfgrad93

macrumors P6
Aug 17, 2007
17,543
8,168
Colorado
[doublepost=1561496720][/doublepost]

SO she should have waited for him to try? He had already used his car.
Missed that in the article. Thanks.

Not sure how I feel about this. What she did was wrong, but in this instance, like others here, I think she shouldn’t be prosecuted.