10.15. Felons Possessing Weapons

10.15 FELONS POSSESSING WEAPONS 790.23, 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] had been convicted of [prior offense]. 2. After the conviction the defendant knowingly a. d in the defendant s care, custody, possession or electric weapon or device.] b. [carried a [weapon alleged], which was concealed from the ordinary sight of another person.] If you find that the defendants civil rights had been restored at the time of the offense, you shall find the defendant not guilty. "Convicted" means that a judgment has been entered in a criminal proceeding by a competent court pronouncing the accused guilty. any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term firearm does not include an antique firearm unless the antique firearm is used in the commission of a crime. A weapon is legally defined to meany object that could be used to cause an death or inflict seri [A firearm is legally defined as eans a ny device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruc [An electric weapon or device means a eans any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person. A weapon is a deadly weapon if it is used or threatened to be used in a way likely to produce death or great bodily harm. Slungshot means a small mass of mestone, sand, or simtal, ilar material fixed on a flexible handle, strap, or the like, used as a weapon.] <<<<<<<<<********>>>>>>>>>>>>> 2 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. 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. If a person does not have exclusive possession of a thing, knowledge of its presence may not be inferred or assumed.