A crappy AP report on the case of the Florida woman arrested for Grand Theft of Firearms and Burglary:
Florida woman charged after giving estranged husband’s guns to police
A Florida woman’s effort to protect herself from domestic violence has become a flashpoint in the debate over gun rights and victims’ safety.
Let’s break it down.
Courtney Irby spent six days in jail on charges of armed burglary and grand theft after she retrieved…
Retrieved? Try “unlawfully entered another person’s home and stole.”
…the assault rifle…
I’ve seen no charges relating to possession — by either of the Irbys — of an assault rifle. Assault rifles are rare in the civilian world and extremely regulated; it seems unlikely one was involved. Can anyone document that claim?
Federal law prohibits people under a domestic violence restraining order from possessing guns…
Not necessarily. Under 18 U.S. Code § 922(g)(8), the order must conform to certain conditions. Can anyone document that the order does?
If an order exists. I’ve seen two claims that an order was in place at that time. One claimed Mr. Irby was arrested for violating it, but charges listed in his jail records do not support the claim. This article is the second claim.
Mrs. Irby “turned in” the stolen firearms the day after her estranged husband was arrested. The timing, and Mr. Irby’s incarceration, makes it unlikely, but not impossible, that a 18USC922(g)(8) compliant order was in place at that time.
But even if Mr. Irby was a prohibited person due to a court order, turning in his firearms is a matter between himself and law enforcement, not a hostile third party. What happens if Mr. Irby goes home, conducts an inventory, and claims more guns are missing than just the two which Mrs. Irby admitted taking to “turn in”? That’s why it wasn’t her place to do the confiscation even if there was a order barring Mr. Irby from possessing firearms.
Gun-rights advocates have been tweeting in favor of prosecution and trolling Rep. Eskamani’s Twitter account…
Noting that Mrs. Irby admitted to crimes is trolling now?