Florida Statutes
Fla. Stat. § 790.221 (2025)
Possession of short-barreled rifle, short-barreled shotgun, or machine gun; penalty.
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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.
Arrestable Offenses under F.S. 790.221
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§790.221(1)POSSESSION OF WEAPONSHORT BARRELED GUN RIFLE OR MACHINE GUN
§790.221POSSESSION OF WEAPONRENUMBERED. SEE REC # 8833
Notes of Decisions
Cited in 73
cases (3 in the last 5 years), 1972–2026 · leading case: McKendry v. State, 641 So. 2d 45 (Fla. 1994).
McKendry v. State, 641 So. 2d 45 (Fla. 1994). “§ 790.221, Fla. Stat. (1989). The five-year mandatory minimum requirement was added to the statute just one year before McKendry committed his offense [4] and was rescinded *49 three years after the offense.”
Rinzler v. Carson, 262 So. 2d 661 (Fla. 1972). “We are asked to review the judgment on the assumption that in and by it the trial court initially passed upon the constitutionality of Section 790.221, Florida Statutes of 1969, F.”
Jay Isaac Hollis v. Loretta Lynch, 827 F.3d 436 (5th Cir. 2016). “§ 22-4514; Fla. Stat. § 790.221 ; 720 III. Comp. Stat.”
Gillman v. State, 346 So. 2d 586 (Fla. 1st DCA 1977). “We must decide whether this second gun was a "short-barreled shotgun" within the the prohibition of Section 790.221, Florida Statutes. The evidence at trial established that this particular shotgun had a barrel length of 16 1/2 inches and an overall length of 26 inches, and was…”
State v. Robarge, 450 So. 2d 855 (Fla. 1984). “We found the statutory exception in subsection 790.221(1), Florida Statutes (1977), [2] not to be an element of the crime that the state had to prove.”
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, Florida Statutes (1977).”
Bell v. State, 453 So. 2d 478 (Fla. 2d DCA 1984). “Appellant appeals his sentence for a term of five years upon his plea of guilty to the offense of possession of a short-barreled shotgun in violation of section 790.221, Florida Statutes (1981).”
United States v. McGill, 618 F.3d 1273 (11th Cir. 2010). “” Fla. Stat. § 790.221 (1). 3 The statute requires knowledge of possession.”
State v. Maxwell, 682 So. 2d 83 (Fla. 1996). “[2] § 790.221, Fla. Stat. (1991). [3] § 790.23, Fla.”
Hicks v. State, 407 So. 2d 252 (Fla. 5th DCA 1981). “In Thompson , the court applied the same principle to section 790.221, Florida Statutes (1977), the statute proscribing possession of short barrelled rifles, short barrelled shotguns or machine guns, and held that the antique firearm exception in the statute was a matter of…”
State v. McKendry, 614 So. 2d 1158 (Fla. 4th DCA 1993). “01 was first enacted in 1941, well before the minimum mandatory provisions of section 790.221, and well before the sentencing guidelines were adopted as the general sentencing policy in Florida.”
Rochester v. State, 95 So. 3d 407 (Fla. 4th DCA 2012). “221(2) read as follows: “[a]ny person convicted of violating this section is guilty of a felony and upon conviction thereof shall be punished by imprisonment in the state penitentiary not to exceed 5 years.”
— 790.221(1) — 16 cases
State v. Robarge, 450 So. 2d 855 (Fla. 1984). “We found the statutory exception in subsection 790.221(1), Florida Statutes (1977), [2] not to be an element of the crime that the state had to prove.”
Gillman v. State, 346 So. 2d 586 (Fla. 1st DCA 1977). “We must decide whether this second gun was a "short-barreled shotgun" within the the prohibition of Section 790.221, Florida Statutes. The evidence at trial established that this particular shotgun had a barrel length of 16 1/2 inches and an overall length of 26 inches, and was…”
State v. Altman, 432 So. 2d 159 (Fla. 3d DCA 1983).
Wright v. State, 442 So. 2d 1058 (Fla. 1st DCA 1983).
Hicks v. State, 407 So. 2d 252 (Fla. 5th DCA 1981). “In Thompson , the court applied the same principle to section 790.221, Florida Statutes (1977), the statute proscribing possession of short barrelled rifles, short barrelled shotguns or machine guns, and held that the antique firearm exception in the statute was a matter of…”
— 790.221(2) — 18 cases
McKendry v. State, 641 So. 2d 45 (Fla. 1994). “§ 790.221, Fla. Stat. (1989). The five-year mandatory minimum requirement was added to the statute just one year before McKendry committed his offense [4] and was rescinded *49 three years after the offense.”
Rochester v. State, 95 So. 3d 407 (Fla. 4th DCA 2012). “221(2) read as follows: “[a]ny person convicted of violating this section is guilty of a felony and upon conviction thereof shall be punished by imprisonment in the state penitentiary not to exceed 5 years.”
Amendments to the Florida Rules of Crim. Procedure, 886 So. 2d 197 (Fla. 2004).
State v. McKendry, 614 So. 2d 1158 (Fla. 4th DCA 1993). “01 was first enacted in 1941, well before the minimum mandatory provisions of section 790.221, and well before the sentencing guidelines were adopted as the general sentencing policy in Florida.”
In Re Amendments to the Florida Rules of Crim. Procedure, 26 So. 3d 534 (Fla. 2009).
— 790.221(3) — 3 cases
State v. Astore, 258 So. 2d 33 (Fla. 2d DCA 1972).
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-01., 253 So. 3d 1024 (Fla. 2018).
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