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Florida Criminal Offense

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.

FelonySecond Degree

Florida Statute

§ 790.221

Possession of short-barreled rifle shotgun or machine gun

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)

FelonySecond Degree

Operable or readily operable short-barreled rifle, short-barreled shotgun, or machine-gun possession outside statutory exceptions.

Elements of the Offense

  1. Element 1

    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.

  2. Element 2

    The firearm was not an antique firearm and was not within the stated federal-law exception.

    Plain language: Verify whether either statutory exception applies.

Additional Notes

Important

Document operability, exact firearm configuration, possession theory, and the antique/federal-law exception analysis.