ISAIAH KELLY
v.
STATE OF FLORIDA
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The antique firearm exception in section 790.221(1), Fla. Stat. is an affirmative defense that the defendant must raise, not an element the State must disprove.
[1] The antique firearm exception in section 790.221(1), Fla. …
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Join FLexlaw to unlock all legal intelligence“the phrase "but this section shall not apply to antique firearms" contained in section 790.221(1), Fla. Stat. is a matter of defense; the State is not required to prove, as an element of the crime of possession of a short-barreled rifle or shotgun, that the shotgun was not an antique weapon”
Court's citation to State v. Thompson, 390 So. 2d 715 (Fla. 1980)
Isaiah Kelly was charged with possession of a short-barreled rifle or shotgun in Miami-Dade County. The trial court entered judgment against Kelly.…
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Third District Court of Appeal State of Florida
Opinion filed August 27, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-0095 Lower Tribunal No. F02-21849 ________________
Isaiah Kelly, Appellant,
vs.
State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Laura María González-Marqués, Judge.
Isaiah Kelly, in proper person.
James Uthmeier, Attorney General, and David Llanes, Assistant Attorney General, for appellee.
Before EMAS, LOBREE and BOKOR, JJ.