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STATE v. ASTORE

No. 71-777.

258 So.2d 33 (1972)

STATE of Florida, Plaintiff, v. Ronald ASTORE, Defendant.

District Court of Appeal of Florida, Second District.

February 2, 1972.

Attorney(s) appearing for the Case

James T. Russell, State's Atty. and Otto E. Halboth, Asst. State's Atty., Clearwater, for plaintiff.

Jack F. White, Jr., Clearwater, for defendant.

McNULTY, Judge.

This certified question comes to us from the Sixth Judicial Circuit and concerns the constitutionality of the Florida statute making it unlawful to possess short-barreled rifles.1 Florida statute § 790.221, F.S.A., reads, in pertinent part, as follows:

"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...

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