![]() ![]() ![]() ![]() ![]() The definition of firearm excludes “an antique firearm unless the antique firearm is used in the commission of a crime.” Section 790.001(6), Florida Statutes. There was no dispute that, aside from the scope, the rifle was effectively a replica of an antique.Īs the Court pointed out, the felon-in-possession statute “makes it a second-degree felony for a convicted felon to ‘own or to have in his or her care, custody, possession, or control any firearm,’ unless his or her ‘civil rights and firearm authority have been restored.’” Section 790.23(1)(a), (2), (3), Florida Statutes (2012). Weeks was charged with being a felon-in-possession of a firearm, in violation of section 790.23, Florida Statutes, after a law enforcement officer found a black powder muzzleloading rifle with a scope and a percussion cap ignition system in his possession. The Court rejected a challenge to statute on the basis that the definition of “antique firearm” was impermissibly vague, and held that the definition’s focus on the ignition or firing system made it sufficiently clear what firearms are excluded from the prohibition. The exception excludes antique firearms from the general probition on possessing firearms by convicted felons who have not had their civil rights restored. The Supreme Court recently clarified the antique firearm exception to Florida’s “felon-in-possession” statute. ![]()
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