Tampa Gun Crimes Lawyer

A gun charge in Tampa can send you to prison for years—even decades under Florida’s 10-20-Life law. The consequences extend beyond incarceration: you could permanently lose your Second Amendment right to own firearms. At The Brancato Law Firm, we fight to protect your freedom, your future, and your constitutional rights.

Tampa Attorney Rocky Brancato brings over 25 years of criminal defense experience to gun cases in Tampa and throughout Hillsborough County. As the former Chief Operations Officer of the Hillsborough County Public Defender’s Office and a former major crimes attorney handling homicide and violent crime cases, Rocky understands the serious nature of firearm charges—and how to fight them. If you’re charged with a gun crime, the Brancato Law Firm, P.A. can help give you your best chance of getting past this.

Florida’s 10-20-Life Mandatory Minimums

Florida Statute 775.087 imposes mandatory minimum prison sentences when a firearm is involved in certain felonies. These are not guidelines—judges must impose these sentences upon conviction. Prosecutors frequently use 10-20-Life to pressure defendants into plea deals.

Successfully fighting a 10-20-Life enhancement can mean the difference between decades in prison and a non-prison sentence. We challenge these enhancements by demonstrating the underlying charge does not qualify, arguing the firearm was not used or possessed during the alleged crime, challenging forensic evidence, and asserting Stand Your Ground when applicable.

Who Cannot Legally Possess a Firearm in Florida

Florida’s permitless carry law, effective July 1, 2023, does not allow everyone to carry. The following individuals remain prohibited from possessing firearms:

Felon in Possession of a Firearm

Florida Statute 790.23 strictly prohibits anyone with a felony conviction from owning, possessing, or controlling a firearm—or even ammunition. A violation is a second-degree felony punishable by up to 15 years in state prison and a $10,000 fine. Mandatory minimum sentences may also apply.

We defend felon-in-possession cases by challenging whether possession was “actual” (on your person) or merely “constructive” (in an area you had access to), investigating who actually controlled the weapon, examining the operability and legal classification of the firearm, and—critically—determining whether the search or seizure violated your Fourth Amendment rights.

Early intervention matters. We engage with prosecutors before charges are formally filed whenever possible, seeking reductions or outright dismissal.

Stand Your Ground Defense

Florida Statute 776.012 provides the right to use deadly force without a duty to retreat if you are in a place you have a legal right to be, you are not engaged in criminal activity, and you reasonably believe force is necessary to prevent imminent death or great bodily harm.

We proactively file Stand Your Ground immunity motions before trial. At the immunity hearing, we present 911 calls, surveillance and bodycam footage, medical records, and expert analysis of the scene and use of force. A successful motion results in dismissal with prejudice—meaning the State cannot refile the charges.

Risk Protection Orders (Red Flag Laws)

Florida’s Risk Protection Order law (F.S. 790.401) allows law enforcement to petition a court to temporarily remove firearms from individuals deemed a danger to themselves or others. An RPO can result in immediate seizure of your firearms, a ban on possession for up to 12 months or longer, and prohibition from being in the presence of firearms.

Often, these orders are issued without you being present to defend yourself. We provide aggressive representation in contested RPO hearings, challenge the evidence presented against you, and assist clients in seeking the return of their firearms once an RPO expires.

The Open Carry Exception

Florida law has historically prohibited open carry, with a narrow exception under F.S. 790.25(3)(h): you may legally open carry while engaged in, or traveling to or from, fishing, hunting, or camping activities. This applies to urban piers, beaches, and public campgrounds throughout Tampa and Hillsborough County.

However, on September 10, 2025, the First District Court of Appeal in McDaniels v. State, 1D2023-0533 (Fla. 1st DCA 2025), struck down Florida’s open carry ban as a violation of the Second Amendment. The court found that the Constitution protects both open and concealed carry, and that Florida’s blanket prohibition went too far.

Florida Statute 790.06(12) and federal law still prohibit firearms in sensitive locations—including courthouses, schools, polling places, bars and nightclubs, airports beyond security checkpoints, and government meetings.

If you have been arrested for open carry—whether under the traditional statute or during this period of legal uncertainty—contact The Brancato Law Firm. We can evaluate whether the McDaniels ruling provides a defense in your case. See Florida Open Cary Ruling: What You Need to Know.

Gun Crime Case Results

Results matter. Here are outcomes Rocky Brancato has achieved in firearm cases:

Why Hire The Brancato Law Firm for Your Gun Case

1. 25+ years of criminal defense experience — Rocky Brancato has spent decades in Florida courtrooms defending complex criminal cases, including homicides and violent crimes involving firearms.
2. Former Major Crimes attorney — As a former elite major crimes defense attorney with the Hillsborough County Public Defender’s Office, Rocky handled the most serious cases in the system.
3. Limited caseload, personal attention — We deliberately maintain a lower caseload so every client receives the benefit of Rocky Brancato’s oversight.
4. Deep knowledge of Tampa courts — Based in Tampa and focused on Hillsborough County and surrounding areas, we understand the local courts, prosecutors, and law enforcement agencies.

Serving Tampa and Hillsborough County

We defend clients facing firearm charges from agencies throughout Tampa Bay, including Tampa Police Department, Hillsborough County Sheriff’s Office, Plant City Police, Temple Terrace Police, USF Police, Tampa Airport Police, Florida Highway Patrol, and federal agencies like the ATF.

No matter where your arrest occurred in Hillsborough County—Brandon, Town ‘n’ Country, Riverview, East Tampa, or elsewhere—The Brancato Law Firm stands ready to defend you. We also serve clients in Pinellas and Pasco Counties.

Frequently Asked Questions

Do I need a permit to carry concealed in Florida?

No. As of July 1, 2023, Florida law allows permitless concealed carry—but only if you are not a prohibited person. Convicted felons, chronic substance users, individuals under 21, those subject to domestic violence injunctions, and those adjudicated mentally unfit cannot lawfully carry.

Is open carry legal in Florida?

Open carry is permitted in certain locates. See our article: Florida Open Carry Ruling: What you Need to Know.

What is the penalty for felon in possession of a firearm?

Under Florida Statute 790.23, felon in possession is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine. Mandatory minimums may apply depending on the circumstances.

Can I get my gun rights back after a felony conviction?

In some cases, yes. The process is complex and may involve seeking clemency, pursuing expungement if eligible, or petitioning for rights restoration.

Charged with a Gun Crime in Tampa?

Do not speak to law enforcement before consulting with an attorney. Anything you say can be used against you. If you are facing a firearm charge in Tampa or Hillsborough County, or if you believe you are under investigation, contact The Brancato Law Firm today.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

Serving Hillsborough, Pinellas, and Pasco Counties