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Thread: Interesting Case - Woman Charged for Turning Firearms Over to Police

  1. #1
    Site Supporter Sensei's Avatar
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    Interesting Case - Woman Charged for Turning Firearms Over to Police

    I’m not sure how I feel about this one:

    https://www.redstate.com/alexparker/...ed-grand-theft

    Allegedly, a woman’s estranged husband tries to kill her by running her off the road. While he is in jail, she allegedly goes over to his place, takes his guns, and gives them to the cops because she is afraid that he would try to kill her again if released. The police then arrest her for theft of a firearm.

    I’m pretty sure that the woman mishandled her fear and should have considered other options. If the reporting is accurate and complete, I’m almost positive that the police are mishandling this by charging her with a felony - not to mention the damage that will be done to 2nd Amendment causes once the politicians and victims advocates are done with this issue. I could see a felony if the woman had destroyed the weapons or sold them for profit. That is not the case here and I’m not sure that someone in fear for their life has the necessary criminal intent to justify a felony when she immediately takes the stollen property to the cops.
    I like my rifles like my women - short, light, fast, brown, and suppressed.

  2. #2
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    I have seen multiple refences to this news article. In the news media (not knocking OP) , the titles are misleading and seem to emphasize "woman got in trouble with police" versus "woman burglarizes private property". It would help us all if the media portrayed this article from the beginning with the nuances of the situation versus going for the sensational headline. Of course, they are out to make money not necessarily report ethically.

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    Site Supporter PearTree's Avatar
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    She broke into an apartment she never lived in and removed property that was not hers, and was charged accordingly for her stupidity. The correct move would have been to file for a temporary injunction based on her husbands charges of domestic violence aggravated battery. This would have been granted usually within 48 hours, and then once served all his guns would have been taken by LE. I’m not seeing the outcry over this one.

  4. #4
    This reminds me of an old episode of COPS where a woman bought a crack rock and brought it to the police as proof so-and-so on the street corner was selling drugs. She was arrested.

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    Yeah... being the victim of a crime doesn't excuse criminal behavior.

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    Quote Originally Posted by Sensei View Post
    I’m not sure how I feel about this one:

    https://www.redstate.com/alexparker/...ed-grand-theft

    Allegedly, a woman’s estranged husband tries to kill her by running her off the road. While he is in jail, she allegedly goes over to his place, takes his guns, and gives them to the cops because she is afraid that he would try to kill her again if released. The police then arrest her for theft of a firearm.

    I’m pretty sure that the woman mishandled her fear and should have considered other options. If the reporting is accurate and complete, I’m almost positive that the police are mishandling this by charging her with a felony - not to mention the damage that will be done to 2nd Amendment causes once the politicians and victims advocates are done with this issue. I could see a felony if the woman had destroyed the weapons or sold them for profit. That is not the case here and I’m not sure that someone in fear for their life has the necessary criminal intent to justify a felony when she immediately takes the stollen property to the cops.
    She was arrested for burglary and rightfully so.

    The husband was arrested for the prior incident but it is only an allegation at this point.

    The couple are separated and do not live together. Husband has his own place.

    She goes into his residence without permission and takes his property without permission - Classic burglary.

    Burglary is a felony in every state I am aware of. Theft of a firearm itself is a felony in most states regardless of monetary value.

    People are charged with crimes because of what they did or failed to do. She is charged with a felony because what she did is specifically described in state statutes as a felony.

    Stop thinking emotionally.

    A prosecutor may change, reduce or dismiss the charges but that is the prosecutors job not the police’s job. The police’s job includes protecting the husband, his property rights etc regardless of what he may or may not have done the day before.

    There are serious questions about whether a red flag order from a neutral magistrate to seize someone’s property because of something the “might” do is legally or morally appropriate. Even if that is legitimate, how does that make vigilante action by an involved party ok ? Because she is an attractive female ?

  7. #7
    Hopefully she will be punished to the full extent of the law.

  8. #8
    Revolvers Revolvers 1911s Stephanie B's Avatar
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    Quote Originally Posted by Sensei View Post
    I’m not sure how I feel about this one:

    https://www.redstate.com/alexparker/...ed-grand-theft

    Allegedly, a woman’s estranged husband tries to kill her by running her off the road. While he is in jail, she allegedly goes over to his place, takes his guns, and gives them to the cops because she is afraid that he would try to kill her again if released. The police then arrest her for theft of a firearm.

    I’m pretty sure that the woman mishandled her fear and should have considered other options. If the reporting is accurate and complete, I’m almost positive that the police are mishandling this by charging her with a felony - not to mention the damage that will be done to 2nd Amendment causes once the politicians and victims advocates are done with this issue. I could see a felony if the woman had destroyed the weapons or sold them for profit. That is not the case here and I’m not sure that someone in fear for their life has the necessary criminal intent to justify a felony when she immediately takes the stollen property to the cops.
    It’s burglary. She can try and sell her motivation to a jury. I don’t think it’s going to go very far.
    If we have to march off into the next world, let us walk there on the bodies of our enemies.

  9. #9
    Site Supporter Sensei's Avatar
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    Quote Originally Posted by HCM View Post
    She was arrested for burglary and rightfully so.

    The husband was arrested for the prior incident but it is only an allegation at this point.

    The couple are separated and do not live together. Husband has his own place.

    She goes into his residence without permission and takes his property without permission - Classic burglary.
    B
    Burglary is a felony in every state I am aware of. Theft of a firearm itself is a felony in most states regardless of monetary value.

    People are charged with crimes because of what they did or failed to do. She is charged with a felony because what she did is specifically described in state statutes as a felony.

    Stop thinking emotionally.

    A prosecutor may change, reduce or dismiss the charges but that is the prosecutors job not the police’s job. The police’s job includes protecting the husband, his property rights etc regardless of what he may or may not have done the day before.

    There are serious questions about whether a red flag order from a neutral magistrate to seize someone’s property because of something the “might” do is legally or morally appropriate. Even if that is legitimate, how does that make vigilante action by an involved party ok ? Because she is an attractive female ?
    Quote Originally Posted by Stephanie B View Post
    It’s burglary. She can try and sell her motivation to a jury. I don’t think it’s going to go very far.
    Please don’t confuse me for someone who condones what she did. I very clearly said that I do not know how I feel about this one. I’m also not yet convinced that a burglary occurred under FL law. For example, they were still married. Were those guns acquired while they were married and before divorce proceedings were initiated? Did she use a key provided by him to make entry into his apartment?
    Last edited by Sensei; 06-23-2019 at 02:57 PM.
    I like my rifles like my women - short, light, fast, brown, and suppressed.

  10. #10
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    Quote Originally Posted by PearTree View Post
    She broke into an apartment she never lived in and removed property that was not hers, and was charged accordingly for her stupidity. The correct move would have been to file for a temporary injunction based on her husbands charges of domestic violence aggravated battery. This would have been granted usually within 48 hours, and then once served all his guns would have been taken by LE. I’m not seeing the outcry over this one.
    Yup.

    An Emergency Restraining Order would have been just the ticket, and barring that a Temporary Restraining Order, or even her speaking with the prosecutor before the settings of Conditions of Release would have been three options I am aware of to legally accomplish the same goal. In my state we would have Aggravated Burglary, and Larceny of a Firearm, two second degree felonies, nine years each.

    pat

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