790.23 - 31 Flashcards

1
Q

It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been: Convicted of a _____ in the courts of this state;

A

felony

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2
Q

It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been: Found, in the courts of this state, to have committed a _____ that would be a felony if committed by an adult and such person is under _____ of age;

A

delinquent act

24 years

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3
Q

It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been: Convicted of or found to have committed a crime against the _____ which is designated as a _____;

A

United States

felony

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4
Q

It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been: Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding _____ and such person is under _____ of age;

A

1 year

24 years

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5
Q

It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been: Found guilty of an offense that is a _____ in another state, territory, or country and which was punishable by imprisonment for a term exceeding _____

A

felony

1 year

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6
Q

Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful: This section shall not apply to a person:

(a)  Convicted of a felony whose civil rights and firearm authority have ______.
(b)  Whose criminal history record has been _____

A

been restored

expunged

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7
Q

Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful: any person who violates this section commits a ______

A

felony of the second degree

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8
Q

A person may not have in his or her care, custody, possession, or control any _____ or _____ if the person has been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence, or from committing acts of stalking or cyberstalking

A

firearm or ammunition

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9
Q

Possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence, stalking, or cyberstalking: a person who violates this commits a ______

A

misdemeanor of the first degree

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10
Q

Any person who meets the violent career criminal, regardless of whether such person is or has previously been sentenced as a violent career criminal, who owns or has in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or carries a concealed weapon, including a tear gas gun or chemical weapon or device, commits a ______

A

felony of the first degree

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11
Q

Possession of firearm or ammunition by violent career criminal unlawful”: A person convicted of a violation of this section shall be sentenced to a mandatory minimum of ______ imprisonment;

A

15 years’

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12
Q

Possession of firearm or ammunition by violent career criminal unlawful”: A person convicted of a violation of this section is not eligible for any form of _____, other than pardon, executive clemency, or conditional medical release

A

discretionary early release

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13
Q

Any physician, nurse, or employee thereof and any employee of a hospital, sanitarium, clinic, or nursing home knowingly treating any person suffering from a _____ or _____ indicating an act of violence, or receiving a request for such treatment, shall report the same immediately to the sheriff’s department of the county in which said treatment is administered or request therefor received.

A

gunshot wound or life-threatening injury

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14
Q

Report of medical treatment of certain wounds: Any such person willfully failing to report such treatment or request therefor is guilty of a ______

A

misdemeanor of the first degree

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15
Q

The protections of this section do not apply to the following: (not authorized to be in possession)1. A person who has been adjudged _____, who is _____ to the use of narcotics or any similar drug, or who is a habitual or _____, or a person using weapons or firearms in violation of ss. 790.07-790.115, 790.145-790.19, 790.22-790.24;2. ______ and ________ as defined in 1s. 856.02;3. A person in or about a _____ as defined in s. 823.05, unless such person is there for law enforcement or some other lawful purpose.

A
  1. mentally incompetent; addicted; chronic alcoholic
  2. Vagrants and other undesirable persons
  3. place of nuisance
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16
Q

What needs to happen for investigators for public defenders or the capital collateral regional counsel carry firarms? (3)

A

employed full time
have met CJSTC training standards
Are individually designated by an affidavit of consent filed with the clerk of the circuit court

17
Q

a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is _____ or is otherwise _____

A

securely encased

not readily accessible for immediate use

18
Q

_____ means any business invitee, including a customer or visitor, who is lawfully on the premises of a public or private employer.

A

“Invitee”

19
Q

As used in this section, the term _____ includes _____ and _____ attendant to the lawful possession and use of a firearm

A

“firearm”

ammunition and accoutrements

20
Q

no citizen can or should be required to _____ or _____ his or her right to possess and securely keep firearms and ammunition locked within his or her motor vehicle by virtue of becoming a customer, employee, or invitee of any employer or business establishment within the state, unless specifically required by _____ or ______

A

waive or abrogate

state or federal law

21
Q

Can a person keep a gun or ammunition in their locked personal vehicle if the owner of the business does not want them to?

A

yes

22
Q

Can a public or private employer prohibit any customer, employee, or invitee from possessing any legally owned firearm when such firearm is lawfully possessed and locked inside or locked to a private motor vehicle in a parking lot and when the customer, employee, or invitee is lawfully in such area?

A

no

23
Q

Can public or private employer inquire regarding the presence of a firearm inside or locked to a private motor vehicle in a parking lot?

A

no

24
Q

A search of a private motor vehicle in the parking lot of a public or private employer to ascertain the presence of a firearm within the vehicle may only be conducted by who? when?

A

on-duty law enforcement personnel, based upon due process and must comply with constitutional protections.

25
Q

Can a public or private employer prohibit or attempt to prevent any customer, employee, or invitee from entering the parking lot of the employer’s place of business because the customer’s, employee’s, or invitee’s private motor vehicle contains a legal firearm being carried for lawful purposes, that is out of sight within the customer’s, employee’s, or invitee’s private motor vehicle?

A

no

26
Q

Can a public or private employer prohibit firearms in vehicle they own or lease?

A

yes

27
Q

What exceptions apply regarding employers prohibiting the legal possession of weapons in employee or invitee’s vehicles?

A
  1. Any property where a nuclear-powered electricity generation facility is located
  2. substantial activities involving national defense, aerospace, or homeland security.
  3. manufacture, use, storage, or transportation of combustible or explosive materials regulated under state or federal law
28
Q

Any person who alters or removes a serial number from a firearm is guilty of a ______

A

felony of the third degree

29
Q

any person to knowingly sells, delivers, or possesses any firearm on which the manufacturer’s or importer’s serial number has been unlawfully altered or removed is guilty of a ______

A

misdemeanor of the first degree,

30
Q

Alteration or removal of firearm serial number or possession, sale, or delivery of firearm with serial number altered or removed prohibited does not apply to _____

A

antique firearms

31
Q

_____means any shotgun shell that contains exothermic pyrophoric misch metal as the projectile and that is designed for the sole purpose of throwing or spewing a flame or fireball to simulate a flamethrower.

A

“Dragon’s breath shotgun shell”

32
Q

_____ means any shell that can be fired in a firearm and that expels as projectiles two or more metal balls connected by solid metal wire.

A

“Bolo shell”

33
Q

_____ means any shell that can be fired in a firearm and that expels two or more pieces of fin-stabilized solid metal wire or two or more solid dart-type projectiles.

A

“Flechette shell”

34
Q

Any person who manufactures, sells, offers for sale, or delivers any armor-piercing bullet or exploding bullet, or dragon’s breath shotgun shell, bolo shell, or flechette shell is guilty of a _____

A

felony of the third degree

35
Q

Any person who possesses an armor-piercing bullet or exploding bullet with knowledge of its armor-piercing or exploding capabilities loaded in a handgun, or who possesses a dragon’s breath shotgun shell, bolo shell, or flechette shell with ______ loaded in a firearm, is guilty of a felony of the third degree

A

knowledge of its capabilities

36
Q

Any person who possesses with intent to use an armor-piercing bullet or exploding bullet or dragon’s breath shotgun shell, bolo shell, or flechette shell to assist in the commission of a criminal act is guilty of a _____

A

felony of the second degree