Possession of Short-Barreled Rifle Shotgun or Machine Gun
Owning or possessing an operable short-barreled rifle, short-barreled shotgun, or machine gun outside the stated exceptions.
Florida Statute
§ 790.221
Possession of short-barreled rifle shotgun or machine gun
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
Antique firearms and firearms lawfully owned and possessed under federal law are expressly excepted.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Prohibited Firearm Possession
F.S. § 790.221(2)
Operable or readily operable short-barreled rifle, short-barreled shotgun, or machine-gun possession outside statutory exceptions.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
Required Facts
The defendant owned or had care, custody, possession, or control of an operable or readily operable short-barreled rifle, short-barreled shotgun, or machine gun.
Plain language: Identify the exact firearm and possession theory.
- Element 2AND — Required
Required Facts
The firearm was not an antique firearm and was not within the stated federal-law exception.
Plain language: Verify whether either statutory exception applies.
Jury Instructions
Jury Instructions
Instruction 10.14
Possession of a Short-Barreled Rifle, Short-Barreled Shotgun, or Machine Gun
Florida Standard Jury Instruction for F.S. § 790.221; federal-law and antique-firearm exceptions may require additional instructions.
View Official InstructionVerified against the official instruction source: September 13, 2026
Additional Notes
Additional Notes
Important
Document operability, exact firearm configuration, possession theory, and the antique/federal-law exception analysis.