Florida Statute 790.221 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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F.S. 790.221

790.221 Possession of short-barreled rifle, short-barreled shotgun, or machine gun; penalty.—

(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made, operable; but this section shall not apply to antique firearms.

(2) A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Firearms in violation hereof which are lawfully owned and possessed under provisions of federal law are excepted.

History.—s. 10, ch. 69-306; s. 1, ch. 89-312; s. 21, ch. 93-406; s. 1217, ch. 97-102.

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Amendments to 790.221

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 790.221

Level: Degree
Misdemeanor/Felony: First/Second/Third

S790.221 - POSSESSION OF WEAPON - RENUMBERED. SEE REC # 8833 - F: S

S790.221 1 - POSSESSION OF WEAPON - SHORT BARRELED GUN RIFLE OR MACHINE GUN - F: S

Cases Citing Statute 790.221

Total Results: 75

Montoute v. City of Sebring

114 F.3d 181, 1997 U.S. App. LEXIS 13597, 1997 WL 274336

Court of Appeals for the Eleventh Circuit | Filed: Jun 10, 1997 | Docket: 2035734

Cited 116 times | Published

felony in Florida. See Fla. Stat. Ann. § 790.221 (West 1992). As he approached Carr, Montoute said

In Re Stan. Jury Instr. in Criminal Cases

543 So. 2d 1205, 1989 WL 34342

Supreme Court of Florida | Filed: Mar 30, 1989 | Docket: 1729777

Cited 112 times | Published

FORBIDDEN FIREARMS F.S. 790.221 Before you can find

McKendry v. State

641 So. 2d 45, 1994 WL 192216

Supreme Court of Florida | Filed: May 19, 1994 | Docket: 1648652

Cited 90 times | Published

IMPOSITION OF A SENTENCE OTHER THAN AS PROVIDED IN SECTION 790.221(2), FLORIDA STATUTES (1989)? Id. at 1161. We

Rinzler v. Carson

262 So. 2d 661

Supreme Court of Florida | Filed: May 3, 1972 | Docket: 429102

Cited 82 times | Published

initially passed upon the constitutionality of Section 790.221, Florida Statutes of 1969, F.S.A. The judgment

Denson v. United States

804 F.3d 1339, 2015 WL 5719466

Court of Appeals for the Eleventh Circuit | Filed: Sep 30, 2015 | Docket: 65661443

Cited 73 times | Published

short-barreled shotgun, in violation of Florida Statute § 790.221(1), as a “crime of violence” for career offender-

Wright v. State

442 So. 2d 1058

District Court of Appeal of Florida | Filed: Dec 16, 1983 | Docket: 1515866

Cited 23 times | Published

is analogous to the exception contained in section 790.221(1), Florida Statutes (1977), which was found

Bell v. State

453 So. 2d 478

District Court of Appeal of Florida | Filed: Jul 25, 1984 | Docket: 1651340

Cited 22 times | Published

of a short-barreled shotgun in violation of section 790.221, Florida Statutes (1981). His sole point on

State v. Thompson

390 So. 2d 715

Supreme Court of Florida | Filed: Nov 20, 1980 | Docket: 1750329

Cited 18 times | Published

of a short-barreled shotgun in violation of section 790.221, Florida Statutes (1977).[1] The district court

State v. Robarge

450 So. 2d 855

Supreme Court of Florida | Filed: May 17, 1984 | Docket: 1434135

Cited 17 times | Published

as to the carrying of concealed weapons. [2] § 790.221(1) provides: It is unlawful for any person to

United States v. McGill

618 F.3d 1273, 2010 U.S. App. LEXIS 18747, 2010 WL 3489079

Court of Appeals for the Eleventh Circuit | Filed: Sep 8, 2010 | Docket: 156437

Cited 15 times | Published

or may readily be made, operable." Fla. Stat. § 790.221(1).[3] The statute requires knowledge of possession

Hudson v. State

745 So. 2d 997, 1999 WL 770614

District Court of Appeal of Florida | Filed: Sep 10, 1999 | Docket: 20689

Cited 14 times | Published

See § 800.04(3), Fla. Stat. (1995). [2] See § 790.221, Fla. Stat. (1995). [3] There are at least four

State v. Maxwell

682 So. 2d 83, 1996 WL 580315

Supreme Court of Florida | Filed: Oct 10, 1996 | Docket: 1680954

Cited 12 times | Published

requires proof that the firearm was "concealed"; section 790.221 requires proof that the firearm was a "shortbarreled

Vasquez v. State

491 So. 2d 297

District Court of Appeal of Florida | Filed: Jul 8, 1986 | Docket: 1383763

Cited 11 times | Published

information with unlawful possession of a machine gun. § 790.221, Fla. Stat. (1983). Counsel for Vasquez filed

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

ordered that the 5-year minimum provisions of section 790.221(2), Florida Statutes, are hereby imposed

State v. Drowne

436 So. 2d 916

District Court of Appeal of Florida | Filed: Aug 31, 1983 | Docket: 1340257

Cited 8 times | Published

a machine gun in Florida is a felony. See section 790.221, Florida Statutes (1981). That fact satisfied

In Re Amendments to the Florida Rules of Criminal Procedure

26 So. 3d 534, 34 Fla. L. Weekly Supp. 629, 2009 Fla. LEXIS 1948, 34 Fla. L. Weekly Fed. S 629

Supreme Court of Florida | Filed: Nov 19, 2009 | Docket: 1117422

Cited 7 times | Published

ordered that the 5-year minimum provisions of section 790.221(2), Florida Statutes, are hereby imposed for

State v. Watkins

685 So. 2d 1322, 1996 WL 75635

District Court of Appeal of Florida | Filed: Feb 23, 1996 | Docket: 1735224

Cited 7 times | Published

of a short-barreled shotgun in violation of section 790.221, Florida Statutes (1989), and on November 27

Boyett v. State

452 So. 2d 958

District Court of Appeal of Florida | Filed: Jul 11, 1984 | Docket: 474508

Cited 7 times | Published

of a short-barreled shotgun in violation of section 790.221, Florida Statutes (1981). On September 29,

McDaniels v. State

388 So. 2d 259

District Court of Appeal of Florida | Filed: Aug 27, 1980 | Docket: 420026

Cited 7 times | Published

812.13(2)(a), Florida Statutes (1977). [3] Section 790.221, Florida Statutes (1977). [4] Section 790

Florida Retail Federation, Inc. v. Attorney General

576 F. Supp. 2d 1281, 2008 U.S. Dist. LEXIS 59182, 2008 WL 2908003

District Court, N.D. Florida | Filed: Jul 28, 2008 | Docket: 2253198

Cited 6 times | Published

may not possess at all. See, e.g., Fla. Stat. § 790.221.[1] This opinion ordinarily uses the word "gun"

Hayes v. State

748 So. 2d 1042, 1999 WL 743519

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 1750384

Cited 6 times | Published

and 5861. This federal crime is parallel to section 790.221, Florida Statutes (1993), which provides that

Hicks v. State

407 So. 2d 252

District Court of Appeal of Florida | Filed: Dec 2, 1981 | Docket: 1515385

Cited 6 times | Published

Thompson, the court applied the same principle to section 790.221, Florida Statutes (1977), the statute proscribing

Parker v. State

481 So. 2d 560

District Court of Appeal of Florida | Filed: Jan 16, 1986 | Docket: 1529272

Cited 5 times | Published

(1983). [2] § 790.07(2), Fla. Stat. (1983). [3] § 790.221, Fla. Stat. (1983). [4] Fla.R.Crim.P. 3.701(d)(11)

Robarge v. State

432 So. 2d 669

District Court of Appeal of Florida | Filed: Jun 2, 1983 | Docket: 1264642

Cited 5 times | Published

as machine guns and short barreled shotguns. § 790.221, Fla. Stat. (1981). See Rinzler v. Carson, 262

State v. Astore

258 So. 2d 33

District Court of Appeal of Florida | Filed: Feb 2, 1972 | Docket: 1236854

Cited 5 times | Published

possess short-barreled rifles.[1] Florida statute § 790.221, F.S.A., reads, in pertinent part, as follows:

State v. Burnison

438 So. 2d 538

District Court of Appeal of Florida | Filed: Sep 30, 1983 | Docket: 904594

Cited 4 times | Published

possession of a short-barreled shotgun, contrary to section 790.221, Florida Statutes (1981), and possession of

State v. Altman

432 So. 2d 159

District Court of Appeal of Florida | Filed: May 10, 1983 | Docket: 1677352

Cited 4 times | Published

statutory definition. The defendant also points to Section 790.221(1), Florida Statutes (1981), to support his

Ziegler v. State

385 So. 2d 1168

District Court of Appeal of Florida | Filed: Jul 15, 1980 | Docket: 497309

Cited 4 times | Published

which was or could readily be made operable, Section 790.221, Florida Statutes (1979), and on another count

State v. Scriber

991 So. 2d 969, 2008 WL 4224287

District Court of Appeal of Florida | Filed: Sep 17, 2008 | Docket: 1725174

Cited 3 times | Published

for possession of a short-barreled shotgun, section 790.221, Florida Statutes (1989), and the general sentencing

United States v. Grant

476 F. Supp. 400, 1979 U.S. Dist. LEXIS 9686

District Court, S.D. Florida | Filed: Sep 19, 1979 | Docket: 922661

Cited 3 times | Published

machine gun except as permitted by federal law. Section 790.221(1) & (3), Florida Statutes. However, no law

Gillman v. State

346 So. 2d 586

District Court of Appeal of Florida | Filed: May 11, 1977 | Docket: 1734103

Cited 3 times | Published

"short-barreled shotgun" within the the prohibition of Section 790.221, Florida Statutes. The evidence at trial established

Rochester v. State

95 So. 3d 407, 2012 WL 3192726, 2012 Fla. App. LEXIS 13202

District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60311213

Cited 2 times | Published

by the 1989 amendment to section 790.221(2). Prior to 1989, section 790.221(2) read as follows: “[a]ny

United States v. Stiner

551 F. Supp. 2d 1350, 2008 U.S. Dist. LEXIS 22096, 2008 WL 746835

District Court, M.D. Florida | Filed: Mar 18, 2008 | Docket: 2250549

Cited 2 times | Published

which would violate state law. See Fla. Stat. § 790.221 (2007). Ms. Bartoletta testified she knew the

State v. Robertson

614 So. 2d 1155, 1993 WL 36288

District Court of Appeal of Florida | Filed: Feb 17, 1993 | Docket: 449301

Cited 2 times | Published

involving a conviction for a violation of section 790.221, Florida Statutes (1991), we reverse the sentence

State v. McKendry

614 So. 2d 1158, 1993 WL 36289

District Court of Appeal of Florida | Filed: Feb 17, 1993 | Docket: 1509872

Cited 2 times | Published

of a short-barreled shotgun as provided in section 790.221(2), Florida Statutes (1989). We agree and reverse

In Re Forfeiture of 1 1978 Ford F250 Custom Pick Up Truck

438 So. 2d 1023

District Court of Appeal of Florida | Filed: Oct 13, 1983 | Docket: 1446331

Cited 2 times | Published

ownership of which is a third-degree felony (section 790.221, Florida Statutes, [1981]), is "contraband"

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

265 So. 3d 494

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982207

Cited 1 times | Published

ordered that the 5 year minimum provisions of section 790.221(2), Florida Statutes, are hereby imposed for

Dale Lee Norman v. State of Florida

215 So. 3d 18, 42 Fla. L. Weekly Supp. 239, 2017 WL 823613, 2017 Fla. LEXIS 448

Supreme Court of Florida | Filed: Mar 2, 2017 | Docket: 4612631

Cited 1 times | Published

or may readily be made, operable”) (quoting § 790.0221, Fla. Stat. (Supp. 1970)); Nelson, 195 So.2d

In Re Amendments to Fl. Rules of Crim. Procedure

998 So. 2d 1128, 33 Fla. L. Weekly Supp. 915, 2008 Fla. LEXIS 2207, 2008 WL 4950074

Supreme Court of Florida | Filed: Nov 20, 2008 | Docket: 2541859

Cited 1 times | Published

ordered that the 5-year minimum provisions of section 790.221(2), Florida Statutes, are hereby imposed for

State v. Crews

884 So. 2d 1139, 2004 WL 2387080

District Court of Appeal of Florida | Filed: Oct 27, 2004 | Docket: 1281988

Cited 1 times | Published

addressed the interplay of section 948.01 and section 790.221(2), Florida Statutes (1989), which provided

Isaiah Kelly v. State of Florida

District Court of Appeal of Florida | Filed: Aug 27, 2025 | Docket: 71209991

Published

not apply to antique firearms” contained in section 790.221(1), Fla. Stat. is a matter of defense; the

In Re: Standard Jury Instructions in Criminal Cases - Report 2018-01 – Corrected Opinion

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982206

Published

SHOTGUN] [MACHINE GUN] § 790.221, Fla._Stat. To prove the crime of (crime

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-01.

253 So. 3d 1024

Supreme Court of Florida | Filed: Sep 27, 2018 | Docket: 7943251

Published

[SHORT-BARRELED SHOTGUN] [MACHINE GUN] § 790.221, Fla._Stat. To prove the crime of

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Supreme Court of Florida | Filed: Jul 19, 2018 | Docket: 7471972

Published

ordered that the 5–year minimum provisions of section 790.221(2), Florida Statutes, are hereby imposed

In Re: Amendments to the Florida Rules of Criminal Procedure – Corrected Opinion

Supreme Court of Florida | Filed: Feb 18, 2016 | Docket: 3037339

Published

ordered that the 5-year minimum provisions of section 790.221(2), Florida Statutes, are hereby

In Re: Amendments to the Florida Rules of Criminal Procedure - Corrected Opinion

Supreme Court of Florida | Filed: Jan 21, 2016 | Docket: 3029854

Published

ordered that the 5-year minimum provisions of section 790.221(2), Florida Statutes, are hereby

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

188 So. 3d 764, 40 Fla. L. Weekly Supp. 594, 2015 Fla. LEXIS 2949, 2015 WL 10490032

Supreme Court of Florida | Filed: Oct 29, 2015 | Docket: 3008264

Published

ordered that the 5-year minimum provisions of section 790.221(2), Florida Statutes, are hereby imposed for

Tony Edward Denson v. United States

Court of Appeals for the Eleventh Circuit | Filed: Sep 30, 2015 | Docket: 2863514

Published

short-barreled shotgun, in violation of Florida Statute § 790.221(1), as a “crime of violence” for career

Rodrigues Elijah Wright v. State of Florida

174 So. 3d 558, 2015 Fla. App. LEXIS 13081, 2015 WL 5125425

District Court of Appeal of Florida | Filed: Sep 2, 2015 | Docket: 2690039

Published

(footnote omitted) (affirming conviction under section 790.221, Florida Statutes (1977), barring short-barreled

Fleming v. State

75 So. 3d 397, 2011 Fla. App. LEXIS 19171, 2011 WL 6003291

District Court of Appeal of Florida | Filed: Dec 2, 2011 | Docket: 60303741

Published

possession of a short-barreled shotgun (under § 790.221) and other offenses imposed for use of a firearm

Amendments to the Florida Rules of Criminal Procedure

886 So. 2d 197, 29 Fla. L. Weekly Supp. 568, 2004 Fla. LEXIS 1746, 2004 WL 2248209

Supreme Court of Florida | Filed: Oct 7, 2004 | Docket: 64834033

Published

ordered that the 5-year minimum provisions of section 790.221(2), Florida Statutes, are hereby imposed for

Polee v. State

773 So. 2d 1283, 2000 Fla. App. LEXIS 16933, 2000 WL 1878941

District Court of Appeal of Florida | Filed: Dec 29, 2000 | Docket: 64802614

Published

rifle, a second degree felony, in violation of section 790.221, Florida Statutes (Supp.1998). Polee now appeals

Amendments to the Florida Rules of Criminal Procedure

794 So. 2d 457, 2000 Fla. LEXIS 2556, 2000 WL 1637548

Supreme Court of Florida | Filed: Nov 2, 2000 | Docket: 64808411

Published

ordered that the 5-year minimum provisions of section 790.221(2), Florida Statutes, are hereby imposed for

Mosely v. State

679 So. 2d 287, 1996 Fla. App. LEXIS 7429, 1996 WL 390713

District Court of Appeal of Florida | Filed: Jul 15, 1996 | Docket: 64767194

Published

prescribes a five-year mandatory minimum term. § 790.221, Fla. Stat. (1991). The three-year mandatory mínimums

Sutherland v. State

681 So. 2d 718, 1996 Fla. App. LEXIS 9447, 1996 WL 511753

District Court of Appeal of Florida | Filed: Apr 10, 1996 | Docket: 64768393

Published

of a short-barreled shotgun in violation of section 790.221, Florida Statutes (1993). The appellant specifically

State v. Millett

658 So. 2d 651, 1995 Fla. App. LEXIS 7999, 1995 WL 443961

District Court of Appeal of Florida | Filed: Jul 28, 1995 | Docket: 64758040

Published

of a short-barreled shotgun in violation of section 790.221, Florida Statutes (1993). It contends the trial

Knight v. State

653 So. 2d 457, 1995 Fla. App. LEXIS 3574, 1995 WL 150243

District Court of Appeal of Florida | Filed: Apr 7, 1995 | Docket: 64755478

Published

term of imprisonment of 3 calendar years. . § 790.221(1), Fla.Stat. (1989).

Burkett v. State

634 So. 2d 1159, 1994 Fla. App. LEXIS 4166, 1994 WL 148163

District Court of Appeal of Florida | Filed: Apr 27, 1994 | Docket: 64747630

Published

five-year minimum mandatory prison term pursuant to § 790.221(2), Fla. Stat. (1991), which provides mandatory

Nieves v. State

622 So. 2d 173, 1993 Fla. App. LEXIS 8420, 1993 WL 306715

District Court of Appeal of Florida | Filed: Aug 13, 1993 | Docket: 64698064

Published

J., and DAUKSCH and W. SHARP, JJ., concur. . § 790.221, Fla.Stat. (1991). . §§ 893.13(l)(g) and 893

In re Amendments to the Florida Rules of Criminal Procedure-Rules 3.140 & 3.986

603 So. 2d 1144, 17 Fla. L. Weekly Supp. 330, 1992 Fla. LEXIS 1039, 1992 WL 110901

Supreme Court of Florida | Filed: May 28, 1992 | Docket: 64669391

Published

ordered that the 5-year minimum provisions of section 790.221(2), Florida Statutes, are hereby imposed for

Dampier v. State

596 So. 2d 515, 1992 Fla. App. LEXIS 3925, 1992 WL 64469

District Court of Appeal of Florida | Filed: Apr 1, 1992 | Docket: 64666391

Published

be made operable. We disagree and affirm. Section 790.221(1), Florida Statutes (1989), provides, “It

McIntosh v. State

586 So. 2d 1348, 1991 Fla. App. LEXIS 13948, 1991 WL 209287

District Court of Appeal of Florida | Filed: Oct 16, 1991 | Docket: 64662161

Published

mandatory sentence was imposed pursuant to section 790.221, Florida Statutes (1989). SCHEB, A.C.J., and

Pennington v. State

578 So. 2d 815, 1991 Fla. App. LEXIS 3823, 1991 WL 61219

District Court of Appeal of Florida | Filed: Apr 23, 1991 | Docket: 64658332

Published

possession of a short-barreled shotgun under section 790.-221. At sentencing, the trial court sentenced

Sunday v. State

537 So. 2d 1096, 14 Fla. L. Weekly 278, 1989 Fla. App. LEXIS 385, 1989 WL 5677

District Court of Appeal of Florida | Filed: Jan 27, 1989 | Docket: 64640176

Published

possessing a short-barreled shotgun in violation of section 790.221, Florida Statutes (1987), contending that the

City of Orlando, Police Department v. Jorrin

489 So. 2d 172, 1986 Fla. App. LEXIS 8078, 11 Fla. L. Weekly 1207

District Court of Appeal of Florida | Filed: May 29, 1986 | Docket: 64619711

Published

possession of that type of weapon is a felony under section 790.221, Florida Statutes. While it is true that mere

In re the Forfeiture of 1979 Mercedes, 4-Door, VIN 11603312085778, Tag WHJ 371, & $1,262.00 In United States Currency

484 So. 2d 642, 11 Fla. L. Weekly 638, 1986 Fla. App. LEXIS 6756

District Court of Appeal of Florida | Filed: Mar 12, 1986 | Docket: 64617885

Published

of a short-barreled shotgun in violation of Section 790.221, Florida Statutes (1983). In reaching its decision

Ago

Florida Attorney General Reports | Filed: Jan 6, 1986 | Docket: 3257858

Published

second degree misdemeanor). Cf., s. 790.17. Section 790.221 makes it a felony for any person to own or

Lamar v. Bergeron

438 So. 2d 1023, 1983 Fla. App. LEXIS 22520

District Court of Appeal of Florida | Filed: Oct 13, 1983 | Docket: 64600048

Published

ownership of which is a third-degree felony (section 790.221, Florida Statutes, [1981]), is “contraband”

Hunte v. State

388 So. 2d 37, 1980 Fla. App. LEXIS 17170

District Court of Appeal of Florida | Filed: Sep 17, 1980 | Docket: 64578078

Published

weapon (a short barrelled shotgun) contrary to section 790.221, Florida Statutes (1979). He also challenges

Hunte v. State

388 So. 2d 37, 1980 Fla. App. LEXIS 17170

District Court of Appeal of Florida | Filed: Sep 17, 1980 | Docket: 64578078

Published

weapon (a short barrelled shotgun) contrary to section 790.221, Florida Statutes (1979). He also challenges

Holmes v. State

389 So. 2d 214, 1980 Fla. App. LEXIS 17379

District Court of Appeal of Florida | Filed: Jul 23, 1980 | Docket: 64578434

Published

possession of a defendant on trial for violation of section 790.221(1), Florida Statutes, was not an antique firearm

Twining v. State

380 So. 2d 496, 1980 Fla. App. LEXIS 15565

District Court of Appeal of Florida | Filed: Feb 22, 1980 | Docket: 64574682

Published

statutory penalty for that offense is five years. Section 790.-221(2), Fla.Stat. (1977). Thus, the maximum period

Thompson v. State

378 So. 2d 859, 1979 Fla. App. LEXIS 16269

District Court of Appeal of Florida | Filed: Dec 20, 1979 | Docket: 64573706

Published

urges, a defense to the possession charge. Section 790.221(1), Florida Statutes (1977), provides as follows:

C. W. C. v. State

334 So. 2d 275, 1976 Fla. App. LEXIS 15695

District Court of Appeal of Florida | Filed: Jun 30, 1976 | Docket: 64554322

Published

a short-barreled rifle in violation of Florida Statute 790.221 and unlawfully operating a motor vehicle

Epps v. State

274 So. 2d 561, 1973 Fla. App. LEXIS 7175

District Court of Appeal of Florida | Filed: Mar 13, 1973 | Docket: 64530991

Published

state penitentiary not to exceed five years. § 790.221(1) and (2) Fla.Stat., F.S.A.