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Florida woman arrested for theft after turning in abusive husband's guns

She spent six days in jail, while her estranged husband was only there for one

Lily Puckett
New York
Tuesday 25 June 2019 22:00 BST
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Activists protest in front of Kalashnikov USA, a gun manufacturer that makes an AK-47 rifle
Activists protest in front of Kalashnikov USA, a gun manufacturer that makes an AK-47 rifle (Getty Images)

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A woman in Florida spent six days in jail after she turned in her husband’s assault rifle and handgun to police in order to protect herself from domestic violence.

Courtney Irby’s estranged husband Joseph Irby had been charged with domestic violence-aggravated battery on June 14, following a divorce proceeding. According to a police report, Mr Irby rammed his car into Ms Irby’s car after they left the courthouse, running her off the road.

As he was being placed into a patrol car following the incident, he called his estranged wife “a man hater.” She later told police that she feared for her life.

Following his arrest, Ms Irby was concerned that Mr Irby would not turn in his weapons in accordance with a federal law that prohibits people under domestic violence violence restraining orders from possessing guns.

In accordance with that rule, which the Giffords Law Center to Prevent Gun Violence says local law enforcement is meant to enforce, Ms Irby brought Mr Irby’s assault rifle and handgun to the Lakeland Police in Orlando, Florida.

Police then arrested her for theft. She spent six days in jail, while Mr Irby, for the domestic violence charges, remained in jail for one day.

Outrage spread online, as gun control activists and supporters of domestic violence victims rallied to point out how the situation highlighted danger faced by loopholes protecting abusers and gun owners.

Democratic state representative Anna Eskamani of Orlando, who won her seat in 2018 after running a campaign heavily based on her plans for action on gun control, tweeted a photo of the letter she sent Florida State Attorney Brian Haas asking that Irby not be prosecuted.

She cited research showing the presence of a gun in a domestic violence situation makes it five times more likely a woman will be murdered.

“Ms Irby was seeking help from the Lakeland Police Department and taking action to protect herself and her children,” Representative Eskamani wrote. “Prosecuting Ms Irby sets a scary precedent that if someone seeks help to escape abuse, they will be punished for it.”

Like Mr Irby, Ms Irby is due back in court in July. A fundraiser for her legal and living expenses has raised nearly $10,000, surpassing its goal of $5,000.

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