Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . Rifle, Shotgun, Machine Gun ___ It is further ordered that the 5 year minimum provisions of section 790.221 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 253 So. 3d 1024 (Fla. 2018)

. . . POSSESSION OF FORBIDDEN FIREARMS A [SHORT-BARRELED RIFLE] [SHORT-BARRELED SHOTGUN] [MACHINE GUN] § 790.221 . . . owned and possessed under provisions of the federal law, you shall find the defendant not guilty. § 790.221 . . . POSSESSION OF FORBIDDEN FIREARMS A [SHORT-BARRELED RIFLE] [SHORT-BARRELED SHOTGUN] [MACHINE GUN] - 790.221 . . . None Attempt 777.04(1) 5.1 Comment s Pursuant to § 790.221(3), Fla. . . .

HOLLIS, v. E. LYNCH, E., 827 F.3d 436 (5th Cir. 2016)

. . . . § 790.221; 720 III. Comp. Stat. 5/24-1; Iowa Code § 724.1; La. Stat. § 40:1752; Mass. Gen. . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 188 So. 3d 764 (Fla. 2015)

. . . Short-Barreled Rifle, Shotgun, Machine Gun It is further ordered that the 5-year minimum provisions of section 790.221 . . .

DENSON, v. UNITED STATES, 804 F.3d 1339 (11th Cir. 2015)

. . . ’s Florida conviction for possession of a short-barreled shotgun, in violation of Florida Statute § 790.221 . . .

WRIGHT, v. STATE, 174 So. 3d 558 (Fla. Dist. Ct. App. 2015)

. . . Thompson, 390 So.2d 715, 716 (Fla.1980) (footnote omitted) (affirming conviction under section 790.221 . . .

DENSON, v. UNITED STATES, 569 F. App'x 710 (11th Cir. 2014)

. . . ’s Florida conviction for possession of a short-barreled shotgun, in violation of Florida Statute § 790.221 . . .

ROCHESTER, v. STATE, 95 So. 3d 407 (Fla. Dist. Ct. App. 2012)

. . . the language in the statute: Legislative intent is also made clear by the 1989 amendment to section 790.221 . . . Prior to 1989, section 790.221(2) read as follows: “[a]ny person convicted of violating this section . . . We find the 1989 amendment changing the language of section 790.221(2) to be a clear and unambiguous . . .

FLEMING, v. STATE, 75 So. 3d 397 (Fla. Dist. Ct. App. 2011)

. . . affirming consecutive mandatory minimum terms imposed for possession of a short-barreled shotgun (under § 790.221 . . .

UNITED STATES v. L. McGILL,, 618 F.3d 1273 (11th Cir. 2010)

. . . . § 790.221(1). The statute requires knowledge of possession. See C.W.C. v. . . . Stat. § 790.221(3). . . . Fla.1972) (explaining (1) "that the type of firearms, the possession of which is outlawed by Section 790.221 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 26 So. 3d 534 (Fla. 2009)

. . . Short-Barreled Rifle, Shotgun, Machine Gun _ It is further ordered that the 5-year minimum provisions of section 790.221 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 998 So. 2d 1128 (Fla. 2008)

. . . Short-Barreled Rifle, Shotgun, Machine Gun _ It is further ordered that the 5-year minimum provisions of section 790.221 . . .

STATE v. SCRIBER,, 991 So. 2d 969 (Fla. Dist. Ct. App. 2008)

. . . conflict between a mandatory sentencing statute for possession of a short-barreled shotgun, section 790.221 . . .

FLORIDA RETAIL FEDERATION, INC. v. ATTORNEY GENERAL OF FLORIDA,, 576 F. Supp. 2d 1281 (N.D. Fla. 2008)

. . . . § 790.221. . . .

UNITED STATES v. STINER, 551 F. Supp. 2d 1350 (M.D. Fla. 2008)

. . . . § 790.221 (2007). Ms. . . . Stat. §§ 790.221, 790.001; State v. . . .

STATE v. CREWS,, 884 So. 2d 1139 (Fla. Dist. Ct. App. 2004)

. . . In McKendry, the supreme court addressed the interplay of section 948.01 and section 790.221(2), Florida . . . In determining that section 790.221(2)’s minimum mandatory term prevailed and could not be suspended . . . court noted, “To arrive at any other conclusion would render the specific mandatory language of section 790.221 . . .

AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 886 So. 2d 197 (Fla. 2004)

. . . Short-Barreled Rifle, Shotgun, Machine Gun _ It is further ordered that the 5-year minimum provisions of section 790.221 . . .

RUSSMAN, v. STATE, 869 So. 2d 635 (Fla. Dist. Ct. App. 2004)

. . . . §§ 810.02(2), 790.221(1), 812.014(2)(c)5„ 843.02, Fla. Stat. . . . .

BOLDEN, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 865 So. 2d 1 (Fla. Dist. Ct. App. 2003)

. . . See §§ 775.084(4)(e), 775.087(2)(a) & 790.221(2), Fla. Stat. (1991). . . .

POLEE, v. STATE, 773 So. 2d 1283 (Fla. Dist. Ct. App. 2000)

. . . sentenced for possession of a short barreled rifle, a second degree felony, in violation of section 790.221 . . .

AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 794 So. 2d 457 (Fla. 2000)

. . . Rifle, Shotgun, Machine Gun __ It is further ordered that the 5-year minimum provisions of section 790.221 . . .

HAYES, v. STATE, 748 So. 2d 1042 (Fla. Dist. Ct. App. 1999)

. . . This federal crime is parallel to section 790.221, Florida Statutes (1993), which provides that it is . . .

HUDSON, v. STATE, 745 So. 2d 997 (Fla. Dist. Ct. App. 1999)

. . . See § 790.221, Fla. Stat. (1995). . . . .

WALKER, v. STATE, 741 So. 2d 1144 (Fla. Dist. Ct. App. 1999)

. . . possessed an automatic weapon and a silencer in violation of Florida Statutes sections 790.001 and 790.221 . . .

MONTOUTE, v. CARR,, 114 F.3d 181 (11th Cir. 1997)

. . . . § 790.221 (West 1992). As he approached Carr, Montoute said, “Don’t shoot me, Officer. . . .

STATE v. K. MAXWELL,, 682 So. 2d 83 (Fla. 1996)

. . . Section 790.01(2) requires proof that the firearm was “concealed”; section 790.221 requires proof that . . . Stat. (1991). . § 790.221, Fla. Stat. (1991). .§ 790.23, Fla. Stat. (1991). . . .

MOSELY, v. STATE, 679 So. 2d 287 (Fla. Dist. Ct. App. 1996)

. . . . § 790.221, Fla. Stat. (1991). . . .

HAYES, v. STATE, 686 So. 2d 602 (Fla. Dist. Ct. App. 1996)

. . . possession of cocaine and possession of a short-barreled shotgun in violation of sections 893.13(6)(a) and 790.221 . . .

SUTHERLAND, v. STATE, 681 So. 2d 718 (Fla. Dist. Ct. App. 1996)

. . . appellant pled no contest to the charge of possession of a short-barreled shotgun in violation of section 790.221 . . .

STATE v. WATKINS,, 685 So. 2d 1322 (Fla. Dist. Ct. App. 1996)

. . . information charging the appellee with possession of a short-barreled shotgun in violation of section 790.221 . . .

STATE v. MILLETT,, 658 So. 2d 651 (Fla. Dist. Ct. App. 1995)

. . . pursuant to his plea of nolo contendere to possession of a short-barreled shotgun in violation of section 790.221 . . . court erred in not imposing the five-year minimum mandatory term of imprisonment required by section 790.221 . . . does not authorize trial courts to depart from the minimum mandatory sentence set forth in section 790.221 . . . Although the legislature amended section 790.221(2) to remove the minimum mandatory term of imprisonment . . .

KNIGHT, v. STATE, 653 So. 2d 457 (Fla. Dist. Ct. App. 1995)

. . . . § 790.221(1), Fla.Stat. (1989). . . .

BOSCHEN, v. STATE, 647 So. 2d 1054 (Fla. Dist. Ct. App. 1994)

. . . . §§ 790.001(9); 790.221, Fla.Stat. . . .

VORMWALD, v. STATE, 644 So. 2d 134 (Fla. Dist. Ct. App. 1994)

. . . See §§ 777.04(4)(e); 790.221(2), Fla. Stat. (1993). Affirmed and remanded. . . .

McKENDRY, v. STATE, 641 So. 2d 45 (Fla. 1994)

. . . , FLORIDA STATUTES (1989), AUTHORIZE THE IMPOSITION OF A SENTENCE OTHER THAN AS PROVIDED IN SECTION 790.221 . . . John McKendry was convicted of possession of a short-barreled shotgun in violation of section 790.221 . . . Under section 790.221, Florida Statutes (1989), it is illegal for any person to own or have in his or . . . minimum term of imprisonment of 5 years.” § 790.221(2), Fla.Stat. (1989). . . . Legislative intent is also made clear by the 1989 amendment to section 790.221(2). . . . He was arrested, charged, and convicted of violating section 790.221, Florida Statutes (1989), which . . . The statute under which MeKendry was convicted read in part as follows: 790.221 Possession of short-barreled . . . conviction thereof he shall be sentenced to a mandatory minimum term of imprisonment of 5 years. § 790.221 . . . legislature has indicated that its reason for rescinding the mandatory minimum requirement in section 790.221 . . . conviction thereof shall be punished by imprisonment in the state penitentiary not to exceed 5 years. § 790.221 . . .

BURKETT, v. STATE, 634 So. 2d 1159 (Fla. Dist. Ct. App. 1994)

. . . stated that appellant would be sentenced to a five-year minimum mandatory prison term pursuant to § 790.221 . . .

NIEVES, v. STATE, 622 So. 2d 173 (Fla. Dist. Ct. App. 1993)

. . . . § 790.221, Fla.Stat. (1991). . §§ 893.13(l)(g) and 893.03(l)(c), Fla.Stat. (1991). . . .

STATE v. ROBERTSON,, 614 So. 2d 1155 (Fla. Dist. Ct. App. 1993)

. . . PER CURIAM In this case involving a conviction for a violation of section 790.221, Florida Statutes ( . . . supreme court as of great public importance: DOES THE MANDATORY MINIMUM SENTENCE REQUIREMENT OF SECTION 790.221 . . . Defendant was charged with, and convicted of, violating section 790.221(1), Florida Statutes (1991). . . . Section 790.221(2), for example, says simply that its term of imprisonment is a “mandatory minimum” period . . . It did not say so in section 790.221(2), and thus I conclude that Judge Moe had the power to do precisely . . . (Fla. 4th DCA 1993), in which we held that section 948.01 has been limited in its effect on section 790.221 . . . Even if the mandatory minimum sentence of section 790.221(2) takes precedence over the guidelines, I . . .

STATE v. McKENDRY,, 614 So. 2d 1158 (Fla. Dist. Ct. App. 1993)

. . . five year minimum mandatory sentence for possession of a short-barreled shotgun as provided in section 790.221 . . . However, section 790.221(2) prescribes a five year mandatory minimum term of imprisonment for possession . . . LAW Section 790.221(2), Florida Statutes (1989), as amended in 1989, prescribes the penalty upon conviction . . . There is no similar reference to section 948.01 in section 790.221(2). . . . Section 948.01 was first enacted in 1941, well before the minimum mandatory provisions of section 790.221 . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 606 So. 2d 227 (Fla. 1992)

. . . Short-Barreled Rifle, Shotgun, Machine Gun _ It is further ordered that the 5-year minimum provisions of section 790.221 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE- RULES AND, 603 So. 2d 1144 (Fla. 1992)

. . . Rifle, Shotgun, Machine Gun __ It is further ordered that the 5-year minimum provisions of section 790.221 . . .

DAMPIER, v. STATE, 596 So. 2d 515 (Fla. Dist. Ct. App. 1992)

. . . Section 790.221(1), Florida Statutes (1989), provides, “It is unlawful for any person to own or to have . . .

B. McINTOSH, v. STATE, 586 So. 2d 1348 (Fla. Dist. Ct. App. 1991)

. . . on the sentence form to reflect that the minimum mandatory sentence was imposed pursuant to section 790.221 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 543 So. 2d 1205 (Fla. 1989)

. . . Pages 111 and 112 provide instructions for Sections 790.221 and 790.23, Florida Statutes, respectively . . . is-about to use force likely to cause death or great bodily-harm, POSSESSION OF FORBIDDEN FIREARMS F.S. 790.221 . . .

SIMMS, v. STATE, 538 So. 2d 549 (Fla. Dist. Ct. App. 1989)

. . . The statute prohibiting unlawful possession of a short-barreled shotgun [§ 790.221, Fla.Stat. (1987) . . .

SUNDAY, v. STATE, 537 So. 2d 1096 (Fla. Dist. Ct. App. 1989)

. . . Jerry Sunday appeals his conviction of possessing a short-barreled shotgun in violation of section 790.221 . . . used for criminal purposes such as the machine guns and short-barreled shotguns prohibited by section 790.221 . . . section 790.25(3) indicates no legislative intent that its exceptions apply to the offense under section 790.221 . . .

JOHNSON, v. STATE, 535 So. 2d 651 (Fla. Dist. Ct. App. 1988)

. . . In violation of Sections 790.23, 790.001(2), and 790.221, Florida Statutes (1985), respectively. . . . .

S. REID, v. STATE, 531 So. 2d 211 (Fla. Dist. Ct. App. 1988)

. . . sentences for possession of a short-barreled shotgun and carrying a concealed firearm pursuant to Sections 790.221 . . .

VASQUEZ, v. STATE, 491 So. 2d 297 (Fla. Dist. Ct. App. 1986)

. . . . § 790.221, Fla.Stat. (1983). Counsel for Vasquez filed a motion to suppress the weapons. . . .

CITY OF ORLANDO, POLICE DEPARTMENT, v. JORRIN,, 489 So. 2d 172 (Fla. Dist. Ct. App. 1986)

. . . Florida Statutes, because mere ownership or possession of that type of weapon is a felony under section 790.221 . . .

In FORFEITURE OF MERCEDES, DOOR, VIN TAG WHJ In, 484 So. 2d 642 (Fla. Dist. Ct. App. 1986)

. . . Forfeiture of One 1978 Ford involved possession of a short-barreled shotgun in violation of Section 790.221 . . .

PARKER, v. STATE HUGHEY, v. STATE, 481 So. 2d 560 (Fla. Dist. Ct. App. 1986)

. . . . § 790.221, Fla.Stat. (1983). . Fla.R.Crim.P. 3.701(d)(ll). . See, e.g., Weems v. . . .

KERR, v. STATE, 481 So. 2d 1233 (Fla. Dist. Ct. App. 1985)

. . . second degree murder and possession of a short-barreled shotgun, violations of sections 782.04(2) and 790.221 . . .

BELL, v. STATE, 453 So. 2d 478 (Fla. Dist. Ct. App. 1984)

. . . his plea of guilty to the offense of possession of a short-barreled shotgun in violation of section 790.221 . . . filed March 25, 1983, with one count of possession of a short-barreled shotgun in violation of section 790.221 . . .

STATE v. ROBARGE,, 450 So. 2d 855 (Fla. 1984)

. . . We found the statutory exception in subsection 790.221(1), Florida Statutes (1977), not to be an element . . . Given the different placement of the statutory exception in subsection 790.221(1), the district court . . . policemen, or United States marshals or their deputies as to the carrying of concealed weapons. . § 790.221 . . .

WRIGHT, v. STATE, 442 So. 2d 1058 (Fla. Dist. Ct. App. 1983)

. . . The exception contained in section 944.47(l)(c) is analogous to the exception contained in section 790.221 . . .

In FORFEITURE OF ONE FORD CUSTOM PICK UP TRUCK, VIN L. LAMAR, v. L. BERGERON,, 438 So. 2d 1023 (Fla. Dist. Ct. App. 1983)

. . . operable short-barreled shotgun, the possession or ownership of which is a third-degree felony (section 790.221 . . .

STATE v. BURNISON,, 438 So. 2d 538 (Fla. Dist. Ct. App. 1983)

. . . Terry Lee Burnison was charged with possession of a short-barreled shotgun, contrary to section 790.221 . . .

ROBARGE, v. STATE, 432 So. 2d 669 (Fla. Dist. Ct. App. 1983)

. . . . § 790.221, Fla.Stat. (1981). See Rinzler v. Carson, 262 So.2d 661 (Fla.1972). . . . Section 790.221, Florida Statutes, which proscribes possession of such firearms, includes a proviso that . . .

STATE v. O ALTMAN,, 432 So. 2d 159 (Fla. Dist. Ct. App. 1983)

. . . The defendant also points to Section 790.221(1), Florida Statutes (1981), to support his argument that . . . We need not address the argument concerning Section 790.221(1) because it obviously pertains to a different . . .

STATE v. DROWNE Jr., 436 So. 2d 916 (Fla. Dist. Ct. App. 1983)

. . . See section 790.221, Florida Statutes (1981). . . .

HICKS, v. STATE, 407 So. 2d 252 (Fla. Dist. Ct. App. 1981)

. . . In Thompson, the court applied the same principle to section 790.221, Florida Statutes (1977), the statute . . . . § 790.221(1), Fla.Stat. (1977). . . .

STATE v. THOMPSON,, 390 So. 2d 715 (Fla. 1980)

. . . A jury convicted Thompson of possession of a short-barreled shotgun in violation of section 790.221, . . . instant statute, we find the antique weapon proviso to be an exception just as much as the exception in 790.221 . . . BOYD and ALDERMAN, JJ., dissent. . § 790.221 provides: (1) It is unlawful for any person to own or to . . . We find that the exception contained in subsection 790.221(1) meets this definition. .§ 790.001(1), Fla.Stat . . .

HUNTE, v. STATE, 388 So. 2d 37 (Fla. Dist. Ct. App. 1980)

. . . appeals his conviction of possession of an illegal weapon (a short barrelled shotgun) contrary to section 790.221 . . .

McDANIELS, v. STATE, 388 So. 2d 259 (Fla. Dist. Ct. App. 1980)

. . . Section 790.221, Florida Statutes (1977). . . . .

HOLMES, v. STATE, 389 So. 2d 214 (Fla. Dist. Ct. App. 1980)

. . . that a short-barreled shotgun found in the possession of a defendant on trial for violation of section 790.221 . . .

ZIEGLER, v. STATE, 385 So. 2d 1168 (Fla. Dist. Ct. App. 1980)

. . . charging his possession of a short-barreled shotgun which was or could readily be made operable, Section 790.221 . . .

THOMPSON, v. STATE, 378 So. 2d 859 (Fla. Dist. Ct. App. 1979)

. . . Section 790.221(1), Florida Statutes (1977), provides as follows: It is unlawful for any person to own . . . argument regarding legislative intent by pointing out that the single sentence which constitutes Section 790.221 . . .

UNITED STATES v. GRANT, Jr., 476 F. Supp. 400 (S.D. Fla. 1979)

. . . Section 790.221(1) & (3), Florida Statutes. . . .

GILLMAN, v. STATE, 346 So. 2d 586 (Fla. Dist. Ct. App. 1977)

. . . decide whether this second gun was a “short-barreled shotgun” within the the prohibition of Section 790.221 . . . Section 790.221(1), Florida Statutes provides that: “(1) It is unlawful for any person to own or have . . . Chapter 69-306 General Laws 1969, the genesis of Sections 790.221(1) and 790.-001(10) is primarily concerned . . . Therefore, its possession is not made unlawful by the provisions of Section 790.221(1), Florida Statutes . . .

C. W. C. Jr. a v. STATE, 334 So. 2d 275 (Fla. Dist. Ct. App. 1976)

. . . court found appellant to be guilty of possessing a short-barreled rifle in violation of Florida Statute 790.221 . . .

L. EPPS, v. STATE, 274 So. 2d 561 (Fla. Dist. Ct. App. 1973)

. . . . § 790.221(1) and (2) Fla.Stat., F.S.A. . . .

RINZLER, v. CARSON,, 262 So. 2d 661 (Fla. 1972)

. . . assumption that in and by it the trial court initially passed upon the constitutionality of Section 790.221 . . . dismissal of the charges against appellant the Legislature of the State of Florida enacted Section 790.221 . . . appellee sheriff refused to return the gun, citing as his reason therefor the enactment of Section 790.221 . . . the appellee and against the appellant was because of the prohibition contained in Florida Statute 790.221 . . . In summary we hold (1) That Section 790.221, Florida Statutes, F.S.A., is constitutional; (2) The same . . .

STATE v. ASTORE,, 258 So. 2d 33 (Fla. Dist. Ct. App. 1972)

. . . Florida statute § 790.221, F.S.A., reads, in pertinent part, as follows: “It is unlawful for any person . . . however, if they “ . . . are lawfully owned and possessed under provisions of federal law. . . . ” § 790.221 . . .