Police said Torres shot and killed her stepfather, believed to be in his early 50s, as well as her own 8-year-old daughter. We should be outraged by her arrest, and Irby should not be prosecuted by the local State Attorney's office. She now faces charges of armed burglary and grand theft. On June 14, the two were involved in a "verbal altercation" after a courthouse hearing for their pending divorce, according to Joseph Irby's arrest affidavit.
After her husband's arrest, Courtney Irby petitioned for a temporary injunction for protection, which was granted.
Florida is one of 35 states that do not prohibit convicts of minor domestic violence crimes or those subject to restraining orders from buying or using guns, Ms Eskamani said.
The officer asked her to confirm that she had "committed an armed burglary".
"Yes, I am, but he wasn't going to turn them in, so I am doing it", she replied.
Jacob Orr, a spokesman for the State Attorney's Office, said the office had received the letter from Eskamani.
Democratic lawmaker Anna Eskamani said charging Mrs Irby, 32, would set "a scary precedent" for victims of abuse.
'These loopholes are major contributors to the deadly relationship between domestic violence and firearms, ' Eskamani said.
Joseph Irby's charges involve an altercation that began with a shouting match after the divorce hearing. Irby's vehicle allegedly was rear-ended by the vehicle of her husband, who was attempting to run her off the road while she was on the phone with police. - A Florida woman wanted by police in connection with the fatal shooting of two family members in Port St. Lucie has been arrested.
Both Courtney and Joseph have since bonded out of the Polk County Jail.
Irby's attorney, Lawrence Shearer, did not immediately return a request for comment; nor did Robert Peddy, Joseph Irby's lawyer.
Gun rights advocates have been tweeting in favor of prosecution and trolling Rep. Eskamani's Twitter account, while Courtney Irby's supporters launched a fundraising campaign for her legal fees. "Even though Taylor may have been ignorant of the actual law, to punish her for that situation when she was trying to protect herself - and when she had been injured or threatened - just doesn't make sense".