Firearm Charges in Florida: State and Federal Gun Cases
Firearm charges in Florida can come up on their own, such as a possession case, or alongside other charges, where a gun can greatly increase the potential penalties. These cases can be charged in Florida state court, federal court, or both.
This post offers a general overview of how firearm and weapons cases are handled under Florida law and in the federal system, at the time of this writing. Every case is different and laws change, so for answers about a specific situation, call or text Attorney Ron Frey for a free and confidential consultation at (813) 775-2276 or toll-free at (844) 766-3739.
The Laws Involved
In Florida, weapons offenses are generally addressed in Chapter 790, Florida Statutes (Weapons and firearms), including Section 790.23 (possession of firearms by convicted felons). In the federal system, these cases are typically charged under 18 U.S.C. § 922 (Unlawful acts), which includes possession by prohibited persons. As always, laws are subject to change and revision, so contact Attorney Ron Frey to discuss the details of your case and the current status of the law.
How Florida Generally Treats Firearm Charges
Firearm charges in Florida can range from possession cases to charges where a gun is alleged to have been involved in another offense. When a firearm is alleged to be part of another crime, the charge and the potential penalties can become much more serious.
Firearm laws in Florida have changed often in recent years and continue to change. Whether any particular conduct is lawful depends on the specific facts and the law at the time, so anyone with questions should speak with an attorney rather than rely on general information online.
When a Firearm Charge Becomes a Federal Case
Firearm cases are frequently prosecuted federally. Federal law generally prohibits certain people, such as those with felony convictions or certain domestic violence convictions, from possessing firearms or ammunition. Federal law also carries mandatory consecutive sentences when a firearm is used or carried in connection with a crime of violence or a drug trafficking crime.
Federal firearm cases are often investigated by the ATF, sometimes working with local police through programs that refer gun cases for federal prosecution. A gun arrest by local police in Tampa Bay can end up in the Middle District of Florida, sometimes after a state case is dropped in favor of a federal one. Our federal offenses page explains how federal cases generally proceed.
How Firearm Investigations Often Start
Firearm cases often begin with a traffic stop, a call for service, a search during another investigation, or a firearm purchase background check. Some people first learn of an investigation from a detective call, a search warrant at their home, or, in federal cases, a target letter.
Attorney Ron Frey generally advises that anyone questioned about a firearm speak with an attorney before making any statements, because statements about who owned or handled a gun are often central to these cases.
What a Firearm Defense Generally Looks At
Every case turns on its own facts. In general, a defense may look at whether the stop and search were lawful, whether the person actually or constructively possessed the firearm, whether the person was in fact prohibited from possessing it, and whether forensic evidence such as DNA or fingerprints supports the allegation. In shared cars and homes, being near a firearm is not the same as possessing it.
Attorney Ron Frey has over 20 years of experience defending people in both Florida state court and federal court.
Charged With a Gun Offense in Tampa? Call Attorney Ron Frey.
In firearm cases, details such as who owned the gun, where it was found, and how the search happened can matter a great deal. If you or a family member has been charged with a firearm or weapons offense, or contacted by police or federal agents about a firearm, it’s wise to talk with a lawyer before answering questions. Attorney Ron Frey represents people facing Florida state and federal charges in Tampa, Hillsborough County, Pinellas County, and the Middle District of Florida. Call or text for a free and confidential consultation at (813) 775-2276 or toll-free at (844) 766-3739. You can also read about Florida battery charges or learn more about the violent crimes we defend.
This post is general information at the time of this writing and is not legal advice. Laws change often, so contact an attorney about your specific situation.