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Tampa Gun Crimes Lawyer | Brancato Law Firm, P.A.
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. A Tampa gun crimes lawyer from The Brancato Law Firm, P.A. can fight to protect your freedom, your future, and your constitutional rights.
| What Does a Tampa Gun Crimes Lawyer Do? A Tampa gun crimes lawyer defends individuals charged with firearm offenses under Florida law, including felon in possession, carrying a concealed weapon without eligibility, 10-20-Life enhancements, and violations of risk protection orders. Defense strategies include challenging illegal searches, disputing constructive possession, and asserting Stand Your Ground immunity. |
Tampa gun crimes lawyer 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.
When Should You Hire a Tampa Gun Crimes Lawyer?
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.
| Action | Mandatory Minimum | Statute |
| Possess firearm during qualifying felony | 10 years prison | F.S. 775.087(2) |
| Discharge firearm during qualifying felony | 20 years prison | F.S. 775.087(2) |
| Discharge causing death or great bodily harm | 25 years to life | F.S. 775.087(2) |
A Tampa gun crimes lawyer who successfully fights 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. In cases involving homicide charges, these enhancements can compound an already severe sentence.
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:
| Prohibited Category | Legal Basis |
| Convicted felons | F.S. 790.23 |
| Individuals under 21 years of age | F.S. 790.06 |
| Chronic or unlawful users of controlled substances | F.S. 790.06 / 18 U.S.C. 922(g) |
| Subject to domestic violence injunction | F.S. 790.233 |
| Adjudicated mentally defective or Baker Act committed | F.S. 790.06 / 18 U.S.C. 922(g) |
| Subject to active Risk Protection Order (RPO) | F.S. 790.401 |
Felon in Possession of a Firearm
Florida Statute 790.23, one of the most serious gun crimes in Tampa, 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”—similar to drug possession defenses— (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 in Tampa gun crimes cases. We engage with prosecutors before charges are formally filed whenever possible, seeking reductions or outright dismissal.
Stand Your Ground Defense for Tampa Gun Crimes
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—similar to protections in domestic violence cases— 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’s open carry ban was struck down in 2025. On September 10, 2025, the First District Court of Appeal in McDaniels v. State, 1D2023-0533 (Fla. 1st DCA 2025), ruled that Florida’s blanket prohibition on open carry violated the Second Amendment. The Attorney General declined to appeal, which means the ruling stands: open carry is now legal in Florida.
However, this does not mean you can carry a firearm everywhere. Florida Statute 790.06(12) still prohibit firearms in sensitive locations — including courthouses, schools, polling places, bars and nightclubs, airports beyond security checkpoints, and government meetings. Carrying in a prohibited location remains a serious criminal offense.
Before this ruling, open carry was only permitted under a narrow exception in F.S. 790.25(3)(h) — while engaged in, or traveling to or from, fishing, hunting, or camping activities. That exception still exists, but it is no longer the only legal basis for open carry.
If you have been arrested for a firearm offense — whether for carrying in a prohibited location, possessing a firearm as a convicted person, or any other gun charge — contact The Brancato Law Firm, P.A. at (813) 727-7159. See Florida Open Carry Ruling: What You Need to Know.
Gun Crime Case Results
Results matter. Here are outcomes Rocky Brancato has achieved in firearm cases:
| Charge | Result | Defense Strategy |
| Second-Degree Murder with Firearm | NOT GUILTY | Stand Your Ground / Self-defense |
| Armed Robbery with Firearm (2 counts) | NOT GUILTY | Mistaken identity |
| Robbery with Firearm | NOT GUILTY | Victim failed to ID distinctive tattoo |
| Agg Battery + Assault + CCW (Firearm) | MISDEMEANOR | Felony gun charges reduced at trial |
Why Hire a Tampa Gun Crimes Lawyer from The Brancato Law Firm
- 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.
- 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.
- Limited caseload, personal attention — We deliberately maintain a lower caseload so every client receives the benefit of Rocky Brancato’s oversight.
- 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
As a Tampa gun crimes lawyer, Rocky Brancato defends 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 state 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, P.A. stands ready to defend you. The firm also serves clients in Pinellas and Pasco Counties.
How Tampa Gun Crimes Cases Are Investigated and Prosecuted
Gun crimes in Tampa often involve multiple law enforcement agencies. The Tampa Police Department, Hillsborough County Sheriff’s Office, and other law enforcement agencies frequently collaborate on firearms investigations. As a result, your case may involve both state and charges—each carrying different penalties and procedural requirements. A Tampa gun crimes lawyer who understands both systems provides a significant advantage.
Prosecutors in the Thirteenth Judicial Circuit take gun crimes seriously and often resist plea negotiations, particularly when 10-20-Life enhancements apply. The State Attorney’s Office maintains specialized units that handle firearms cases, and these prosecutors are experienced in presenting ballistics evidence, firearms identification testimony, and search and seizure issues. Rocky Brancato’s decades of experience in these same Hillsborough County courtrooms means he knows how these prosecutors build their cases—and where those cases are vulnerable.
Many Tampa gun crimes cases turn on Fourth Amendment issues. Law enforcement frequently discovers firearms during traffic stops, Terry stops, or searches incident to arrest. If officers lacked reasonable suspicion for the stop or probable cause for the search, the firearm evidence may be suppressible through a motion to suppress. The defense team at The Brancato Law Firm examines every detail of the encounter—body camera footage, police reports, witness statements—to identify constitutional violations that can lead to evidence being excluded or charges being dismissed entirely.
Frequently Asked Questions About Gun Crime Defense in Tampa
What should I do if I am arrested for a gun crime in Tampa?
Do not make any statements about the firearm, how you acquired it, or why you had it. Invoke your right to remain silent and contact The Brancato Law Firm, P.A. immediately. Rocky Brancato can intervene early to challenge the legality of the search and protect your constitutional rights before statements are used against you.
What are the penalties for illegal gun possession in Florida?
A felon in possession of a firearm faces a third-degree felony carrying up to 5 years in prison. Carrying a concealed weapon without a permit is also a third-degree felony. If a firearm is used during the commission of a felony, Florida’s 10-20-Life law imposes severe mandatory minimums: 10 years for possessing a firearm, 20 years for discharging it, and 25 years to life for causing injury. The Brancato Law Firm, P.A. fights aggressively to avoid these mandatory minimums.
Can a gun charge be dismissed if the search was illegal?
Yes. If law enforcement discovered the firearm through an illegal search, stop, or seizure in violation of the Fourth Amendment, the defense can file a motion to suppress the evidence. If the suppression motion succeeds, the State often has no case left to prosecute. Rocky Brancato at The Brancato Law Firm, P.A. is a former police academy instructor who taught criminal procedure and courtroom testimony, giving him unique insight into how officers are trained to conduct searches and where they make mistakes.
More Questions About Your Defense
What is Florida’s 10-20-Life law?
Florida Statute 775.087, known as the 10-20-Life law, imposes mandatory minimum prison sentences when a firearm is involved in certain felonies. Simply possessing a firearm during the crime triggers a 10-year minimum. Firing the weapon triggers a 20-year minimum. Causing death or great bodily harm triggers a 25-year-to-life minimum. The Brancato Law Firm, P.A. evaluates every case for ways to challenge applicability of the 10-20-Life enhancement.
Can I get my gun rights restored after a felony conviction in Florida?
In limited circumstances, yes. Florida law allows some individuals to petition for restoration of civil rights, including firearm rights, through the Florida Office of Executive Clemency. The process is lengthy and discretionary. Rocky Brancato at The Brancato Law Firm, P.A. advises clients on eligibility and helps navigate the restoration process in Hillsborough County.
Is open carry legal in Florida?
Florida law generally prohibits open carry of firearms in public, with narrow exceptions for activities such as fishing, hunting, camping, and traveling to or from those activities. Violations can result in a second-degree misdemeanor or felony charges depending on the circumstances. The Brancato Law Firm, P.A. defends clients facing open carry violations and other weapons charges in Hillsborough, Pinellas, and Pasco Counties.
Working With a Defense Attorney
What is constructive possession of a firearm?
Constructive possession means the State alleges you had knowledge of and control over a firearm even though it was not physically on your person. This commonly arises when a gun is found in a shared vehicle, home, or workplace. The Brancato Law Firm, P.A. challenges constructive possession cases by demonstrating that other people had equal access to the location where the weapon was found.
Why should I hire The Brancato Law Firm for gun crime defense?
Rocky Brancato is a former police academy instructor who taught criminal procedure and courtroom testimony to law enforcement officers. This background gives him a unique understanding of how officers conduct searches, what training they receive on Fourth Amendment compliance, and where investigative errors occur. With more than 25 years of criminal defense experience, an AV Preeminent rating from Martindale-Hubbell, and Super Lawyers selection, Rocky Brancato at The Brancato Law Firm, P.A. is uniquely qualified to defend gun crime cases in Tampa.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
Serving Hillsborough, Pinellas, and Pasco Counties
Related Tampa Gun Crimes Lawyer Resources
- Case Study: How Attorney Rocky Brancato Used a Firearms Expert to Keep Out Prejudicial Evidence
- Can You Carry a Gun to a Bucs Game?
- Tampa Violent Crimes Attorney
- Brancato Law Firm FAQ
- How Much Does a Tampa Bay Gun Crimes Attorney Cost?
- How to Choose a Tampa Bay Gun Crimes Lawyer
The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice serving clients exclusively in Hillsborough, Pinellas, and Pasco Counties. We are not affiliated with any other Brancato-named law firms.
This page is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes depend on the individual facts and circumstances involved. Past results do not guarantee future outcomes.
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