Top-Rated Tampa Gun Crimes Lawyer

Facing a gun charge in Tampa or Hillsborough County? Your freedom, your future, and your Second Amendment rights are on the line. Florida’s firearm laws are among the nation’s strictest, and law enforcement in Hillsborough County aggressively pursues violations. You need a powerful defense, and you need it now. You need a Tampa Gun Crimes Lawyer.

At The Brancato Law Firm, P.A., led by Tampa Attorney Rocky Brancato, author of How to Choose a Major Crimes Attorney – or any Criminal Defense Attorney for that Matter, we bring over 25 years of dedicated courtroom experience to vigorously defend individuals accused of gun crimes in Tampa and throughout Hillsborough County. We understand the severe penalties you face, from lengthy prison sentences to the permanent loss of your right to own firearms. Whether you’re charged with unlawfully carrying a concealed weapon, violating a risk protection order, or possessing a firearm as a convicted felon, we act swiftly and strategically to protect you.

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Understanding Florida’s Complex Gun Laws in Tampa Bay from a Tampa Gun Crimes Attorney

Florida’s firearm regulations can be confusing, and a misunderstanding of the law can lead to serious criminal charges. While recent changes have impacted concealed carry, critical exceptions remain.

Florida’s Permitless Carry – Know the Exceptions!

As of July 1, 2023, Florida law allows for carrying a concealed weapon without a state-issued permit. However, this does NOT grant everyone the right to carry. You are still prohibited from lawfully carrying a concealed firearm in Tampa and Hillsborough County if you are:

A convicted felon
A chronic or unlawful user of controlled substances
Under 21 years of age
Subject to a domestic violence injunction
Adjudicated mentally unfit or involuntarily committed under the Baker Act

We frequently see individuals wrongly charged despite believing they were legally carrying. Police stops and searches must adhere to constitutional standards. Our firm meticulously examines the facts of your arrest, your eligibility under the law, and the legality of any stop or search to challenge improper charges.

Firearm Possession by Convicted Felons – Severe Penalties Under Florida Law

Florida Statute 790.23 strictly prohibits individuals with a felony conviction from owning, possessing, or having control of a firearm or even ammunition. A violation in Tampa or Hillsborough County is a second-degree felony, carrying devastating consequences:

Up to 15 years in state prison
Mandatory minimum sentences in certain situations
A lifetime ban on possessing firearms
Loss of fundamental civil rights, including the right to vote and serve on a jury

Prosecutors often pursue maximum penalties in these cases. We challenge the prosecution’s case by investigating:

Whether possession was “actual” (on your person) or merely “constructive” (in an area you had access to)
Who actually had control over the weapon
The operability and legal classification of the firearm
Crucially, whether the search or seizure of the weapon violated your Fourth Amendment rights

Early intervention is key. We work proactively to engage with prosecutors, often before charges are formally filed, to seek reductions or outright dismissal of your case. If you are a convicted felon caught up in a gun case in Tampa, a skilled Tampa Gun Crimes Lawyer can help.

The Impact of 10-20-Life on Tampa Gun Charges

Florida’s “10-20-Life” statute (F.S. 775.087) imposes harsh mandatory minimum prison sentences when a firearm is involved in the commission of certain felonies. These enhancements are severe:

10 years minimum: for possessing a firearm during the commission of a qualifying felony.
20 years minimum: for discharging the firearm during the commission of a qualifying felony.
25 years to life minimum: if the discharge of the firearm causes great bodily harm or death.

These are not guidelines; they are mandatory sentences the judge must impose upon conviction. Prosecutors frequently use the threat of 10-20-Life to pressure defendants into plea deals. We aggressively challenge the application of this statute by:

Demonstrating that the underlying charge does not qualify for the enhancement
Arguing the firearm was not used, brandished, or even in your possession during the alleged crime
Challenging forensic evidence like ballistics or fingerprints, and disputing witness testimony
Asserting your rights under Florida’s Stand Your Ground law if applicable

Successfully fighting a 10-20-Life enhancement can mean the difference between decades in prison and a non-prison sentence.

Substance Abuse and Firearm Rights in Florida, Talk to a Tampa Gun Crimes Lawyer

Many individuals are unaware that substance abuse issues, even without a criminal conviction, can lead to the loss of their firearm rights under both state and federal law. This includes:

Unlawful users of controlled substances
Individuals deemed addicted to drugs or alcohol
Those committed for substance abuse treatment

Even admitting to using marijuana, legal in some states but not federally, can disqualify you from possessing firearms. The Brancato Law Firm challenges the basis for such disqualifications, forces the State to meet its burden of proof, and works to restore your firearm rights when they have been improperly revoked.

Florida’s Stand Your Ground Law – A Powerful Defense

Florida Statute 776.012 provides individuals with the right to use deadly force without a duty to retreat if:

They are in a place they have a legal right to be.
They are not engaged in criminal activity.
They reasonably believe using force is necessary to prevent imminent death or great bodily harm.

We proactively utilize Florida’s Stand Your Ground law by filing pretrial immunity motions. These motions can lead to the dismissal of your case before it ever reaches a jury trial. At a Stand Your Ground immunity hearing, we can present compelling evidence, including:

911 calls and dispatch records
Surveillance video and police bodycam footage
Medical records
Expert analysis of the crime scene and use of force

A successful Stand Your Ground motion results in a dismissal with prejudice, meaning the State cannot refile the charges against you. The Tampa Gun Crimes lawyer at the Brancato Law Firm, P.A. stands ready to help.

Red Flag Laws – Challenging Risk Protection Orders in Hillsborough County with a Tampa Gun Crimes Attorney

Florida’s Risk Protection Order (RPO) law allows law enforcement to petition a court to temporarily remove firearms from an individual deemed a significant danger to themselves or others. An RPO can have immediate and lasting consequences:

Immediate seizure of your firearms
A ban on possessing firearms for up to 12 months or longer
Prohibition from even being in the presence of firearms

Often, these orders are issued without you being present to defend yourself. The Brancato Law Firm provides aggressive representation in contested RPO hearings, challenging the evidence presented against you and demanding due process. We also assist clients in seeking the return of their firearms and the restoration of their rights once an RPO expires.

The Open Carry Exception – Limited Circumstances in Florida

While Florida generally prohibits the open carry of firearms, there is a specific exception under F.S. 790.25(3)(h): you may legally open carry a firearm while engaged in, or traveling to or from, fishing, hunting, or camping activities. This applies to various locations, including urban piers, beaches, and public campgrounds in and around Tampa and Hillsborough County.

Despite this clear legal exception, individuals are sometimes unlawfully arrested due to a lack of understanding of the law by law enforcement. We are prepared to aggressively defend clients in these cases, educating the court on your lawful conduct.

Protecting More Than Just Your Freedom – Preserving Your Second Amendment Rights

A gun crime conviction in Florida doesn’t just mean potential jail time; it can permanently strip you of your Second Amendment right to own firearms. Restoring these rights after a conviction or an RPO can be a complex and lengthy process. At The Brancato Law Firm, we are dedicated to preserving your civil rights:

We strategically advise clients during plea negotiations to avoid disqualifying convictions.
We challenge improper and overly broad firearm bans.
We assist eligible clients in petitioning for the restoration of their gun rights following an RPO or certain convictions.
We advocate against unconstitutional or overreaching enforcement of gun laws.

We strongly believe in the right to lawful self-defense and personal liberty, and we possess the knowledge and experience to defend these fundamental rights.

Proven Results in Tampa and Hillsborough County Gun Cases

At The Brancato Law Firm, P.A., our results speak for themselves. We have a demonstrated history of successfully defending clients against serious firearm charges in Tampa and Hillsborough County courtrooms.

NOT GUILTY – Second-Degree Murder with a Firearm:

Our client was acquitted after we built a compelling self-defense case grounded in Florida’s Stand Your Ground law, challenging the prosecution’s narrative with forensic evidence and pretrial motions.

NOT GUILTY – Armed Robbery with a Firearm and Attempted Armed Robbery:

Through thorough investigation, including examining evidence and crime scenes, we uncovered critical discrepancies that supported a mistaken identity defense, leading to a full acquittal.

MISDEMEANOR VERDICT – Originally Charged with Aggravated Battery and Assault with a Firearm:

We dismantled the State’s felony case at trial, securing reduced misdemeanor convictions and avoiding prison time and a felony record for our client.

NOT GUILTY – Robbery with a Firearm:

By highlighting a key discrepancy in the victim’s description and presenting a mistaken identity defense, we achieved a Not Guilty verdict after brief jury deliberations.

These outcomes are a testament to our deep case investigation, strategic legal motion practice, and powerful courtroom advocacy. When your future hangs in the balance in Tampa or Hillsborough County, you need a defense attorney with a proven track record of winning.

Tampa Attorney Rocky Brancato, Author of How to Choose a Major Crimes Attorney

Attorney Rocky Brancato is the author of How to Choose a Major Crimes Attorney — or Any Criminal Defense Attorney for That Matter, a guidebook available for sale on Amazon. The book offers real-world advice on how to choose the right lawyer when facing serious criminal charges. As a visitor to our site, you can request a free copy at brancatolawfirm.com/tampa-criminal-defense-ebook — whether or not you decide to hire us. We believe it will offer you valuable insight from someone who knows the system inside and out.

Why Choose The Brancato Law Firm, P.A. for Your Gun Crime Defense?

Choosing the right attorney is critical when facing a gun charge. The Brancato Law Firm offers distinct advantages:

Over 25 Years of Dedicated Criminal Defense Experience: We have spent decades in Florida courtrooms, specifically defending complex criminal cases.
Extensive Trial Experience: Rocky Brancato possesses significant trial experience in firearm and violent crime cases, giving you a powerful advocate in court.
Low Caseload, High Involvement: We deliberately maintain a lower caseload to ensure each client receives personalized attention and direct access to Rocky Brancato – your case is never handed off to a junior attorney.
Proven Record of Success: Our case results demonstrate our ability to achieve dismissals, negotiated reductions, and trial victories.
Deep Local Knowledge: Based in Tampa and focused on Hillsborough County and surrounding areas, we understand the local courts, prosecutors, and law enforcement agencies.

What Our Valued Clients Say

For over 25 years, The Brancato Law Firm, P.A. has proudly served clients throughout the Tampa Bay area. We are honored by the trust our clients place in us and the feedback they share:

⭐⭐⭐⭐⭐ “The rare lawyer with a heart. Mr. Brancato not only proved his legal acumen, but he did so with genuine empathy and caring. I felt he was personally invested in my success and acted above and beyond my expectations.” — Ixie

⭐⭐⭐⭐⭐ “Mr. Brancato deserves five stars from day one. I was facing a fentanyl trafficking charge for something I did not do, and Mr. Brancato got all of my charges dropped. He answered any questions I had at any time. Thank you so much.” — Andrea

⭐⭐⭐⭐⭐ “Attorney Brancato was phenomenal. Very professional, polite, and overall amazing. He was the only one who took the time to help me with a case I had been fighting for years. I cannot thank him enough.” — Kellz

⭐⭐⭐⭐⭐ “I had a very difficult case, but in less than five business days Mr. Brancato lifted the weight off my shoulders. He goes above and beyond because he truly cares about his clients. In my opinion, if you are going to take a chance, take it on him.” — Yian

⭐⭐⭐⭐⭐ “Fast response, humble, and affordable. Attorney Rocky Brancato delivered on short notice in our family’s time of need.” — Jose

We are profoundly grateful for the opportunity to provide aggressive, dedicated, and compassionate legal representation to those facing critical criminal defense needs in Tampa and Hillsborough County. You are an individual, not a case number, and you deserve a defense team that treats you as such.

Tampa Gun Crimes Lawyer Serving Clients Across Tampa and Throughout Hillsborough County

We regularly defend clients facing firearm charges brought by various law enforcement agencies operating in the Tampa Bay area, including:

Tampa Police Department (TPD)
Hillsborough County Sheriff’s Office (HCSO)
Plant City Police Department
Temple Terrace Police Department
USF Police Department
Tampa Airport Police Department
Florida Highway Patrol (FHP)
Federal agencies like the ATF

No matter where your arrest occurred in Hillsborough County, from Brandon, Town ‘n’ Country, and Riverview to East Tampa and beyond, The Brancato Law Firm is ready to stand by your side.

Frequently Asked Questions About Florida Gun Crimes

Here are answers to common questions regarding gun laws and charges in Tampa and Hillsborough County:

Do I need a permit to carry concealed in Florida?

No, as of July 1, 2023, a permit is not required for concealed carry if you are not a prohibited person under Florida law (e.g., convicted felon, chronic substance user).

Is open carry legal in Florida?

Generally, no. Open carry is only permitted under specific circumstances outlined in F.S. 790.25(3)(h), primarily during or while traveling to/from fishing, hunting, camping, or target shooting.

What is the penalty for a convicted felon in possession of a firearm in Florida? This is a second-degree felony under Florida Statute 790.23, punishable by up to 15 years in prison and a $10,000 fine. Mandatory minimum sentences may also apply.

Can I get my gun rights back after an RPO or felony conviction?

In some cases, yes. The process is often complex and may involve seeking clemency, pursuing expungement (if eligible), or petitioning for rights restoration. We assist clients in navigating these procedures.

Talk to an Experienced Tampa Gun Crimes Lawyer Today

If you are facing a gun charge in Tampa or Hillsborough County, or if you believe you are under investigation, do not speak to law enforcement before consulting with an attorney. Anything you say can be used against you.

The Brancato Law Firm, P.A. provides confidential, experienced legal guidance and aggressive defense for all firearm-related offenses in Tampa and Hillsborough County.

Call 813-592-8981 today to schedule your consultation.

Our Tampa Office Location:

📍 1600 E 8th Ave, Ste A200, Tampa, FL 33605

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Charges Dismissed, First Degree Murder

Rocky represented a grandmother on first degree murder and aggravated child abuse charges. The grandmother’s young granddaughter drowned in the bathtub and had had a lacerated liver, which the State originally asserted was caused by physical abuse by the grandmother. Rocky hired a forensic pathologist and together Rocky and the expert conducted a full review of all medical records of the child. Rocky also took depositions of the state’s medical experts. Rocky and his expert were able to show that the child died from drowning and that the lacerated liver was caused by the grandmother’s and the first responders’ attempts to revive the child with CPR. The prosecutor dismissed the murder and aggravated child abuse charges. The grandmother plead guilty to a reduced charge of child neglect and received probation, since the drowning occurred with the grandmother stepped away from the tub to prepare dinner.

Client exonerated in violent rape case

Rocky represented a military veteran in a “cold hit” sexual battery (rape) case that had occurred 8-years prior to his client’s arrest. Rocky hired a DNA expert and together Rocky and his expert conducted a full review of all DNA in the case. The expert also attended depositions of the state’s experts with Rocky. After the depositions and complete DNA review, Rocky was able to show that his client was excluded as a contributor to the DNA profile collected from the victim. The prosecutor dismissed all charges in this case. The client was exonerated of this very serious charge.

Medical investigation leads to dismissal of aggravated child abuse case

Rocky represented a father who was accused of aggravated child abuse on his young daughter, who suffered an injured pancreas. The Child Protective Team doctor testified that the injury could have only come from intentional, blunt force trauma. Rocky hired a forensic pathologist and conducted a complete review of all medical records. Rocky and the expert were able to show that the injury on the pancreas was due to a “choledochal cyst,” which the child had since birth. The prosecutor dismissed the charges completely.