Scheurman v. State
The Fifth DCA held that a black powder muzzleloader rifle qualifies as an 'antique firearm' under section 790.001(2), Florida Statutes, and thus falls outside the statutory definition of 'firearm' for purposes of a standard probation condition prohibiting firearm possession. The court further held that the muzzleloader was not a 'deadly weapon' because it was not used or threatened to be used in a manner likely to cause death or great bodily harm, and reaffirmed that a probation officer's instructions cannot redefine or expand the statutory definition of 'weapon.' The court vacated the denial of the motion for return of property and remanded for the State to establish whether it intends to pursue forfeiture or a good-faith future prosecution using the muzzleloader as evidence.
Key facts
- Scheurman was on probation with a standard condition prohibiting firearm possession; a probation officer discovered a black powder muzzleloader rifle in his closet and sought to classify it as a prohibited firearm.
- The trial court denied Scheurman's motion for return of property, treating the muzzleloader as a firearm subject to the probation condition.
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Why it matters
This opinion gives criminal-defense practitioners a clear, citable holding that antique firearms such as black powder muzzleloaders fall outside standard probation firearm prohibitions under section 948.03(1)(m), and… — full analysis with a trial
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