Legal Opinion

Dampier v. State

District Court of Appeal of Florida

Decided April 1, 1992No. 91-01820PublishedCited by 2 opinions

1Opinion of the Court

LEHAN, Judge.

Defendant appeals his conviction for possession of a short-barreled shotgun. He contends the evidence did not establish the statutory requisite that the weapon was operable or could readily be made operable. We disagree and affirm.

Section 790.221(1), Florida Statutes (1989), provides, “It is unlawful for any person to own or to have in his 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.” The evidence did not establish that the…

2Cases cited3 opinions

  1. United States v. Larry SmithCourt of Appeals for the Eighth Circuit · 1973
  2. United States v. Seven Miscellaneous FirearmsDistrict Court, District of Columbia · 1980
  3. United States v. CatanzaroDistrict Court, D. Connecticut · 1973

3Cited by2 opinions

  1. State v. YoungCourt of Appeals of Arizona · 1998
  2. Ochoa v. StateDistrict Court of Appeal of Florida · 1992

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