JERRY MILFRANKLIN SUNDAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Jerry Sunday appeals his conviction for possessing a short-barreled shotgun, arguing that possession at his home was protected by a statutory exception. The Florida appellate court affirmed the conviction, holding that the home-possession exception does not apply to the absolute prohibition on short-barreled shotguns.
The statutory exception in section 790.25(3)(n) applies only to offenses involving sections 790.053 (open carry) and 790.06 (concealed carry), not to the absolute prohibition on short-barreled shotguns in section 790.221. The state has the authority to make possession of certain weapons illegal regardless of location.
[1] The exception for possessing arms at one's home or place of business under section 790.25(3)(n), Florida Statutes, applies only to offenses involving the open carrying of…
[2] The state may prohibit the possession or carrying of certain types of weapons altogether, even if they are possessed at home.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Although the Legislature may not entirely prohibit the right of the people to keep and bear arms, it can determine that certain arms or weapons may not be kept or borne by the citizen.”
Establishes that while the right to bear arms is protected, the Legislature can categorically prohibit certain dangerous weapons like short-barreled shotguns.
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Join FLexlaw to unlock all legal intelligenceJerry Sunday was convicted of possessing a short-barreled shotgun in violation of Florida Statutes section 790.221. The barrel was admittedly under 18…
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ZEHMER, Judge.
Jerry Sunday appeals his conviction of possessing a short-barreled shotgun in violation of section 790.221, Florida Statutes (1987), contending that the evidence was insufficient to establish a prima facie case. He admits that the barrel was under 18 inches in length and met the statutory definition of a short-barreled shotgun in section 790.001(10), but argues that he possessed the weapon at his home and such possession is made lawful by the exception in section 790.25(3)(n), Florida Statutes (1987), which applies to a person possessing arms at his home or place of business.
We find no merit in appellant’s argument and affirm his conviction. Section 790.25(3)(n) applies only to offenses involving the application of section 790.053 (prohibiting persons from openly carrying firearms about their persons) and section 790.-06 (dealing with the right of duly licensed persons to carry concealed weapons). The state is empowered to make illegal possessing or carrying certain types of weapons altogether, for example, firearms ordinarily used for criminal purposes such as the machine guns and short-barreled shotguns prohibited by section 790.221. Rinzler v. Carson, 262 So. 2d 661 (Fla.1972) (“Although the Legislature may not entirely prohibit the right of the people to keep and bear arms, it can determine that certain arms or weapons may not be kept or borne by the citizen.” 262 So. 2d at 665); see also Robarge v. State, 432 So. 2d 669 (Fla. 5th DCA 1983), aff’d 450 So. 2d 855 (Fla.1984). Because section 790.25(3) indicates no legislative intent that its exceptions apply to the offense under section 790.221, we find no error in the ruling of the trial court.
The cases cited by appellant are distinguishable. Peoples v. State, 287 So. 2d 63 (Fla.1973), and Collins v. State, 475 So. 2d 968 (Fla. 4th DCA 1985), rev. denied, 486 So. 2d 595 (Fla.1986), involved the application of the exception under 790.25(3)(n) to the concealed weapons prohibition under section 790.06, Florida Statutes (1987). This court’s decision in Thompson v. State, 378 So. 2d 859 (Fla. 1st DCA 1979), also, cited by appellant, was quashed by the supreme court in State v. Thompson, 390 So. 2d 715 (Fla.1980), not cited by appellant, and did not involve the issue now before us.
AFFIRMED.
SHIVERS and BARFIELD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Rinzler v. Carson, 262 So. 2d 661 (Fla. 1972)
- Cataldo v. Rader & Assocs., 287 So. 2d 63 (Fla. 1973)
- State v. Heyward Thompson, 390 So. 2d 715 (Fla. 1980)
- State v. Robarge, 450 So. 2d 855 (Fla. 1984)
- Robarge v. State, 432 So. 2d 669 (Fla. 5th DCA 1983)
- Heyward Thompson v. State, 378 So. 2d 859 (Fla. 1st DCA 1979)
- Caban v. State, 475 So. 2d 968 (Fla. 4th DCA 1985)