10.14. Possession Of Forbidden Firearms
This is a Florida Jury Instructions form that can be used for 10 Weapons Offenses within Criminal.
Last updated: 2/28/2006
10.14 POSSESSION OF FORBIDDEN FIREARMS 790.221, Fla. Stat. To prove the crime of [crime charged], the State must prove the following two elements beyond a reasonable doubt: 1. [Name of defendant] n the defendants care, custody, possession or control] a [firearm alleged]. 2. The [firearm alleged] was one that was, or could readily be made, operable. If you find that the [firearm alleged] was lawfully owned and possessed under provisions of the federal law, you shall find the defendant not guilty. This law does not apply to antique firearms. "Care" and "custody" mean immediate charge and control exercised by a person over the named object. The terms care, custody and control may be used interchangeably. A ["short-barreled rifle"] ["short-barreled shotgun"] ["machine gun"] is legally defined as [adapt from F.S. 790.001(9), (10) or (11) as required by the allegations]. An "antique firearm" is legally defined as F.S. 790.001(1) as required by the allegations]. To "possess" means to have personal charge of or exercise the right of ownership, management or control over the thing possessed. Possession maIfy be actual or constructive. a thing is in th e hand of or on the person, or in a bag or container in the hand of or on the person, or is so close as to be within ready reach and is under the control of the person, it is in the actual possession of that person. If a thing is in a place over which the person has control or in which the person has hidden or concealed it, it is in the constructive possession of that person. Possession may be joint, that is, two or more persons may jointly have possession of an article, exercising control over it. In that case, each of those persons is considered to be in possession of that article. If a person has exclusive possession of a thing, knowledge of its presence may be inferred or assumed. <<<<<<<<<********>>>>>>>>>>>>> 2 If a person does not have exclusive possession of a thing, knowledge of its presence may not be inferred or assumed.