Firearm Laws

Firearm Crimes Lawyer in Tampa Florida

Florida is relatively liberal in terms of its firearms laws, but violating one of the state’s gun laws can result in serious, life-changing penalties if convicted. This is especially true if the firearm is used in conjunction with another crime, such as robbery or assault. Some weapons and firearms crimes can even be prosecuted as a federal crime, elevating the potential penalties that an individual may face.

Many Florida firearms crimes are considered felonies, rather than a more minor misdemeanor charge, so a conviction can result in major consequences such as fines, incarceration, and limitations on your ability to own a firearm in the future. If you’re facing a firearms charge, it’s vital that you trust your defense to an experience weapons crime defense lawyer.

Your Attorney is a former prosecutor-turned-defense lawyer who has been in practice for over 20 years and counting. During his time as a prosecutor, your lawyer held key positions in the Florida State Attorney’s Office in narcotics, firearms, and DUI prosecution. He has also instructed lawyers across Hillsborough County and throughout Florida. His experience with law enforcement and the District Attorney’s office has provided your Attorney with deep insight into the strategies and tactics that they utilize when investigating and prosecuting a firearms case. This means he’s especially well-equipped to defend individuals facing firearms crimes in Florida.

Before he started racking up wins in the courtroom, your lawyer was winning in a different arena – at the racetrack. Your attorney managed professional racecar drivers, winning championships and competing at the highest levels of American motorsports. Experience on the track instilled within him a sense of competitiveness and an appreciation for a solid strategy and game plan – qualities that have left him well-equipped to serve as the crew chief on your team.

Your lawyer works hard to ensure that he is available to his clients on a 24-7 basis, as the criminal justice system never sleeps. If you or a loved one are facing weapons and firearms charges, contact a Tampa defense lawyer to schedule a free, fully confidential case consultation. Call 813-933-6807.

Common Questions and Concerns After a Florida Firearms Arrest

As a Tampa criminal defense attorney, the firm sees many cases involving firearms crimes. Florida firearms laws can be quite complex, so it’s important to have a firm understanding of these legalities. Notably, if you brandish or utilize a firearm during the commission of a crime, this may serve as grounds for more severe, enhanced charges. Here are a number of the most common questions a lawyer addresses with clients like you.

Do I Need a Permit to Buy a Firearm in Florida?

Florida laws do not require a state permit to purchase a firearm, such as a rifle, handgun or shotgun.

Notably, though, there is a restriction on convicted felons, who are typically prohibited from having a firearm in custody, care, control or ownership.

Do I Need a Permit to Possess and Carry a Firearm in Florida?

Regarded as a “shall issue” state, Florida does issue concealed carry licenses to individuals age 21 or older or a member / veteran of the military.

Currently, it is not legal for the general public to openly use firearms in public (although there are some exceptions, such as while hunting, during a gun show, at a shooting range, etc.) There have been recent measures to legalize open carry, but as of January 2019, open carry was not legal.

Can I Get Arrested for Having a Gun in My Car?

If you are a legal gun owner, you are permitted to have a firearm inside a vehicle providing it is “securely encased.” There is some debate about what constitutes “securely encased.” You do not necessarily need to have a license to carry, providing you meet certain standards – the firearm being “securely encased” and not available or accessible for immediate use.

In some circumstances – i.e., you’re in possession of an illegal weapon or the firearm is not “securely encased” – you could be subject to arrest.

Are Antique Guns Considered Firearms?

Unless they are used to commit a crime, antique firearms and replicas are not generally covered by Florida gun laws in terms of possession and carrying.

According to the NRA’s Institute for Legislative Action (NRA-ILA), antique firearms are considered any firearm that’s “manufactured in or before 1918, including any matchlock, flintlock, percussion cap or similar early type of ignition system or replicas thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.”

Are Machine Guns Legal in Florida?

Machine guns are not legal in Florida, unless the firearm is possessed under a federal law’s provisions (i.e. for use in the military, for instance.) A machine gun is typically defined as a firearm that is designed to fire multiple shots when you perform a single action such as pulling a trigger.

Does Florida Have Stand Your Ground Laws?

Florida laws do not include a “duty to retreat” in the event that you find yourself threatened and under attack in your home or another location where you are legally permitted to be present. In Florida, firearms owners are allowed to stand their ground and, if necessary, use deadly force if it’s believed that this measure can prevent serious bodily injury to yourself or another party.

What crimes count as weapons crimes in Tampa?

Any crime involving a weapon or an item used in a manner as to inflict injury to another or threaten to do so such as a stapler used to hit a co-worker in the head.

In Tampa, are weapons crimes considered a misdemeanor or felony?

There are both levels, misdemeanor and felony for weapons charges.

What is illegal gun possession in Tampa?

Possession of a firearm illegally usually involves someone who has lost the legal right to possess a firearm (Felon in Possession of Firearm). Examples being a convicted felon, someone found to be mentally incompetent, and someone under a domestic violence or stalking injunction.

What are illegal weapons in the U.S.A.?

Whether a weapon is legal or illegal depends upon the state laws and varies widely.

In Tampa, can you be arrested for possession of a loaded firearm while intoxicated?

In the State of Florida, the general answer is no. Simple possession under these circumstances, while a bad idea, is not illegal. The firearm must be in your hand and loaded while you are intoxicated to violate Florida law. An exception for self-defense is set out in the statute.

Do weapons enhance or increase other criminal charges in Hillsborough County?

In many cases, they can increase the severity of a charge.

Hire a Top Weapons and Gun Crimes Defense Lawyer to Handle Your Case

[Image: Firearm Crimes Lawyer] Whether you’re facing a misdemeanor or a more serious felony gun charge, a Florida defense attorney is ready to work for you, defending your rights and protecting your interests.

Serving clients throughout Tampa, Brandon, Plant City and the surrounding area, the firm is prepared to defend you aggressively and strategically in an effort to minimize any adverse effects and penalties. In addition to handling firearms crimes, the firm also handles other cases, including drug crimes, DUI and BUI cases, assaults and violent crimes, theft crimes, trespassing, domestic violence, prostitution and even juvenile crimes. The law firm also accepts violation of probation cases, which sometimes involve firearms, as it’s not uncommon for an individual to be granted probation with conditions that prohibit gun possession.

A weapons crime conviction can result in serious consequences, from the loss of your career and difficulty landing a new job, to financial troubles, jail time, hefty fines, and even challenges getting a college education. So, don’t trust your defense to just anyone! Contact a top Tampa criminal defense attorney for help with your firearms crime case.

To arrange a complimentary and confidential case evaluation, contact us by calling 813-933-6807.