Brandon Concealed Carry Violation Attorney
A concealed carry charge in Brandon can unravel a lot quickly. Your firearm rights, your record, and depending on the specifics, your freedom are all on the table at once. Florida has some of the most detailed concealed weapons laws in the country, and Hillsborough County prosecutors take unlicensed carry charges seriously. Omar Abdelghany of OA Law Firm has defended gun charges throughout the Tampa Bay area, including Brandon and the surrounding communities, and he personally handles every case from intake through resolution. If you have been charged with a Brandon concealed carry violation, here is what you need to understand before your first court date.
What Florida Actually Criminalizes Under Its Concealed Carry Laws
Florida Statute 790.01 makes it a crime to carry a concealed firearm without a valid license issued under Section 790.06. The statute separates unlicensed concealed carry of a firearm (a third-degree felony) from carrying other concealed weapons such as electric weapons or certain knives (a first-degree misdemeanor). That distinction matters enormously when it comes to what penalties follow a conviction and what collateral consequences attach.
Florida’s 2023 permitless carry law changed part of this picture. Adults who are otherwise legally permitted to own a firearm may now carry concealed without a license in many circumstances. But the new law did not erase all scenarios where concealed carry remains illegal. Carrying while under 21, carrying in prohibited locations like schools, courthouses, police stations, bars, or government buildings, and carrying while prohibited from possessing firearms altogether are still criminal offenses. The new law created a significant gray area that some law enforcement and prosecutors have navigated inconsistently, which itself can become a defense angle.
Whether you were cited before or after permitless carry took effect, the specific facts of your stop, arrest, and the location where you were carrying all feed directly into how the charge is constructed and how it can be challenged.
How These Cases Come Together in Hillsborough County
Most concealed carry charges in the Brandon area arise from traffic stops, calls for service, or arrests on separate matters. An officer conducts a stop, notices or searches for a weapon, and a charge follows. What that means practically is that Fourth Amendment issues are at the center of many of these cases.
For a firearm discovered during a traffic stop, the officer needed a lawful basis for the stop in the first place, a separate justification to search or pat down, and a basis to go further if the weapon was found in a vehicle rather than on the person. Florida courts have scrutinized each of these steps in gun cases, and a search that expanded beyond what the law allowed can result in the firearm being suppressed as evidence. Without the firearm, there is no case.
The Hillsborough County courthouse handles felony gun charges at the George Edgecomb Courthouse in Tampa. Cases originating in Brandon’s unincorporated areas are typically handled through the Hillsborough County Sheriff’s Office, and the State Attorney’s Office for the Thirteenth Judicial Circuit prosecutes them. Omar Abdelghany has worked in this system and understands how felony gun charges move through it.
Beyond suppression, there are substantive defenses specific to these charges. Whether the firearm was actually “concealed” as the law defines it, whether the defendant had a valid license that an officer was unaware of, whether the location was genuinely prohibited under the statute, and whether the defendant qualifies under the permitless carry provisions are all live legal questions that require close analysis of the facts.
Penalties That Follow a Conviction and the Ones That Last Longer
A third-degree felony in Florida carries up to five years in state prison and a $5,000 fine. Probation, community service, and other conditions are common at sentencing as well. For someone with no prior record, a first-time felony conviction can still result in incarceration depending on the circumstances and how the case is scored under Florida’s sentencing guidelines.
The conviction itself is only part of the picture. A felony conviction in Florida strips you of the right to possess firearms going forward. That means the very activity at the center of this charge, carrying a firearm, becomes permanently off-limits unless rights are restored through a specific legal process. That is not a minor administrative inconvenience. For many clients, that consequence is as significant as any fine or prison term.
There are employment consequences as well. A felony on your record affects background checks for jobs, professional licenses, housing applications, and federal benefits. If you are not a U.S. citizen, a felony conviction can trigger immigration consequences including deportation proceedings or bars to future status adjustments. These downstream effects are real, and they inform why fighting the charge from the beginning, rather than assuming a plea is inevitable, is worth doing.
Questions Brandon Residents Ask About Concealed Carry Charges
Does Florida’s permitless carry law mean I cannot be charged with unlicensed carry anymore?
Not exactly. The 2023 law removed the license requirement for many law-abiding adults, but it did not legalize carry for everyone in every location. If you were under 21, prohibited from possessing firearms, or carrying in a location where carry is still illegal, you can still face charges. The law created new defenses, but it did not wipe out the offense entirely.
What if I had a carry license from another state?
Florida recognizes concealed carry licenses from some other states under a reciprocity framework. Whether your out-of-state license was valid in Florida at the time of your arrest depends on your state of issuance and whether reciprocity applied. If it did, that is a complete defense to the unlicensed carry charge.
Can the charge be reduced or dismissed before trial?
Yes. Outcomes vary depending on the facts, but the State Attorney’s Office does negotiate these cases, particularly when there are suppression issues, problems with the stop, or mitigating facts about the defendant. Diversion programs are sometimes available for first-time offenders, depending on the specific charge and the office’s current policies. Nothing is guaranteed, but there are multiple avenues that do not involve going to trial.
What if the gun was in my car, not on my body?
Florida law treats a firearm in a vehicle as concealed carry if it is not “securely encased” or otherwise in plain sight. A weapon in a glove compartment, center console, or under a seat can still generate a concealed carry charge. How the weapon was stored and whether it met the statutory exceptions are factual questions that matter in your case.
Will this charge affect my ability to own firearms in the future?
A felony conviction will. That is one of the most consequential long-term effects of a conviction under 790.01 for a firearm. A misdemeanor conviction under the same statute for other concealed weapons does not carry the same federal firearm disability, though it still creates a criminal record.
How quickly should I retain an attorney after an arrest?
The earlier the better. Evidence from the stop, including dashcam footage, bodycam footage, and dispatch records, may only be preserved for a limited period. An attorney who gets involved early can send preservation requests, review the stop before memories fade, and engage with the State Attorney’s Office before charging decisions are finalized.
Does Omar Abdelghany personally handle gun cases in Brandon?
Yes. OA Law Firm does not hand cases off to associates. Omar personally handles criminal defense matters from initial consultation through the conclusion of the case, which includes direct contact and regular communication throughout.
Defending Gun Charges in the Brandon Area
OA Law Firm’s practice is built around criminal defense in the Tampa Bay region, including Hillsborough County and the Brandon community. Omar Abdelghany handles misdemeanor and felony gun charges, federal firearms cases, and related criminal matters. Every case gets direct attorney attention, not case management by staff. If you have been arrested or charged with a concealed carry violation in Brandon, contact OA Law Firm to discuss your case and what a defense looks like from this point forward.
