LPD: Woman arrested for turning in husband’s firearms to Lakeland police (Florida Couple)

The Ledger ^ | 6/20/2019 | Kathy Leigh Berkowitz

[Gamecock]

LAKELAND — A 32-year-old woman was arrested on June 15 when she gathered her husband’s guns to turn them over to the Lakeland Police Department.

According to Courtney Irby’s arrest affidavit, she told police her husband had been taken to jail for trying to run over her with a car. Irby said she went to Joseph Irby’s apartment on Village Center Drive in Lakeland and searched for the guns she knew he had.

When she told a Lakeland police officer she had the guns with her to turn them in, he replied, “So are you telling me that you committed an armed burglary?” and Irby answered, “Yes, I am, but he wasn’t going to turn them in, so I am doing it,” according to reports.

Police verified Irby had never stayed at her husband’s apartment until the day of the burglary.

Officers made contact with Joseph Irby, who was still incarcerated at the Polk County Jail, and he said he wanted to press charges against his wife for entering his apartment and taking the guns, reports say.

Court records show that Irby applied for a temporary injunction against her husband and the two were in the process of a divorce.

She was charged with armed burglary of a dwelling and grand theft of a firearm.

[Responsibility2nd]

She was charged with armed burglary of a dwelling and grand theft of a firearm.

____________________________

What the What? He’s in jail. And yes, she burgled his apartment. But how and why is it ARMED Burglary?

Because she stole his arms?

[GOYAKLA]

Five Star!

[metmom]

That is not her responsibility, nor does she have the right to do so. She can notify the police, nothing more. She committed armed burglary.

And she admitted it to the police when confronted by them.

Brilliant......

[ConservativeMind]

Waiting for a laz assessment.

I think he’d hit this one.

[Egon]

...But how and why is it ARMED Burglary?

As soon as she picked up one of his weapons, she was armed, and still in the process of burgling him.

[sparklite2]

     ¿ Quién is mas fémina ?

[Red Badger]

[Responsibility2nd]

That makes sense. I guess. Thanks.

[Boogieman]

Officer: “Please remove your vest.”
Suspect: “What vest?”

[nevadapatriot]

>A pair of rocket scientists.

Well they are a Florida couple after all...

[butlerweave]

What was he in for?

Trying to run her over with his car ? LOL

[moovova]

“If I or my wife tried to buy a piece of property, the state REQUIRES that both names are on it, even if the loan is only in one person’s name.”

In NC, it’s sort of like that but not. The rule is “takes one to buy, takes two to sell”.

Either spouse can buy property without the other’s knowledge. The unknowing spouse’s name isn’t required to be on the deed at time of purchase. BUT, when it’s time to sell...both spouses signatures are required to sign the deed over to the buyer.

So, if hubby buys a little shack-up condo at the beach in NC without wifey’s knowledge, then decides to sell (after years of fun), guess who has to sign the deed to release the property? The unknowing wife. If hubby is able to convince an attorney to bypass that critical part, the wife can come back and force partition of the property...all the way up to forcing the buyers to sell the property so she can get her legal share.

There have been some surprises at closing here in NC

[Rembrandt]

I live in Florida AND I’ve spent considerable time in California.

Every morning and every evening I thank Heaven that Florida is not like California and I’m pretty sure our gun laws bear little resemblance to yours.

[cuban leaf]

You gotta admit, that’s pretty funny. :)

[Bloody Sam Roberts]

and the two were in the process of a divorce.

If they weren't before they certainly are now.

[GaryCrow]

“Why was her presence there illegal?” And the fact that they were getting a divorce is not enough. Without something like a legal separation, etc., you’re married until the divorce is final. In a divorce there's a date called the date of separation, it's definition varies by state but they all have it. It can be when you cease having sexual relations, when one party moves out, or when you file for divorce. After that date you're no longer living as husband and wife so the normal marital rules don't apply. Since these two weren't living together, he was in his own apartment and divorce had been filed, they're legally separated. Her presence in his apartment without his permission is most definitely illegal, she's NOT within her marital right to be there. What's his is no longer hers and if he chooses to file charges for breaking and entering, which she was doing, that's perfectly within his right. What she did was burglary and when she picked up his guns it became armed burglary. She was stealing his guns, it doesn't matter if she intended to give them to the police any more than stealing a strangers car to give it to someone else isn't theft. If there's a court order requiring him to relinquish his guns then that's for the law to enforce, not her. She's a thief, pure and simple. I suspect the claim about him trying to run her over is made up also.

[pepsi_junkie]

So if you steal a gun it goes from burglary to armed burglary because now you have the gun you just stole? Hmmm, never thought of that before.

[Bigg Red]

And never experience the happiness of sharing your life with someone whose waking hours are filled with thinking of ways to make your life more comfortable and joyful.

[Big Red Badger]

Self Committed.

[Big Red Badger]

Wait,,,,
WHAT?