What is Possession of a Short-Barreled, Short-Barreled Shotgun, or Machine Gun in Florida?

Short barreled shotgun

The crime of Possession of a Short-Barreled, Short-Barreled Shotgun, or Machine Gun is a Second Degree Felony that is punishable by 15 years in prison and a $10,000 fine.

This offense occurs when a:

  1. Person owned or had in his/her care, custody, possession, or control a Short-Barreled, Short-Barreled Shotgun, or Machine Gun.
  2. The Short-Barreled, Short-Barreled Shotgun, or Machine Gun was one that was or could readily be made operable.

“Care” and “custody” mean immediate charge and control exercised by a person over the named object. The terms care, custody, and control may be used interchangeably.

Some of the defenses to Possession of a Short-Barreled, Short-Barreled Shotgun, or Machine Gun in NW Florida including Destin, Ft Walton Beach, Crestview and Shalimar are:

  • Person did not have a short-barreled, short-barreled shotgun, or machine gun in their possession, care, custody, or control.
  • The short-barreled, short-barreled shotgun, or machine gun was an antique firearm.
  • The firearm was not one that could readily be made operable.

References:

State v. Thompson: On antique firearm.

Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation

If you have been arrested or believe you will soon be arrested for the offense of Possession of a Short-Barreled, Short-Barreled Shotgun, or Machine Gun in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.

Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring.

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