Tampa Gun & Firearm Charge Attorney
Florida gun laws are layered, and the penalties attached to firearm offenses are among the harshest in the state. A Tampa gun and firearm charge attorney at OA Law Firm works with people who have been charged with unlawful possession, carrying without a license, using a firearm during a felony, and related offenses. Omar Abdelghany handles these cases personally and understands that the outcome of a firearm charge can mean the difference between a clean record and a mandatory prison sentence.
What Florida’s 10-20-Life Law Actually Means for Your Case
Florida’s mandatory minimum sentencing structure for firearm offenses is what makes these charges so consequential. Under Florida Statute 775.087, commonly known as 10-20-Life, certain crimes committed with a firearm carry mandatory prison sentences that judges cannot reduce, regardless of circumstances or criminal history.
Possession of a firearm during the commission of a felony carries a mandatory minimum of ten years. Discharging a firearm during a felony carries a mandatory minimum of twenty years. If someone is shot or killed, the mandatory minimum is twenty-five years to life. These are floors, not suggestions.
The law applies even if the firearm was never pointed at anyone, even if it was locked in a vehicle, and even if the underlying felony was nonviolent. Prosecutors in Hillsborough County are well-acquainted with this statute and routinely use it as leverage in plea negotiations. Understanding exactly which charges trigger mandatory minimums, and whether the State can actually prove the elements required to impose them, is where a defense attorney earns their value in these cases.
The Most Common Firearm Charges in the Tampa Area
Firearm cases in Tampa arise in a wide range of situations. Some of the most frequently charged offenses include carrying a concealed weapon without a valid license, possession of a firearm by a convicted felon, possession of a short-barreled rifle or shotgun, and improper exhibition of a firearm. Each of these carries different elements, different penalties, and different defense options.
Carrying a concealed firearm without a license is a third-degree felony under Florida law, punishable by up to five years in prison. However, the statute has specific exceptions, and whether a weapon was actually “concealed” within the legal definition has been the subject of significant case law in Florida courts.
Possession of a firearm by a convicted felon is a second-degree felony, punishable by up to fifteen years. This charge requires the State to prove both the prior conviction and actual or constructive possession of the weapon. Constructive possession, where a firearm is found near someone rather than on their person, is frequently contested. If multiple people had access to the area where the firearm was found, the prosecution’s case becomes much harder to sustain.
Improper exhibition, sometimes called “brandishing,” applies when a person displays a firearm in a threatening or careless manner in the presence of others. These charges often come out of confrontations in public spaces around Tampa and can overlap with assault charges depending on the facts.
Federal Firearm Charges Are a Separate Category Entirely
Some firearm cases are prosecuted in federal court rather than state court, and the distinction matters enormously. Federal firearm offenses are investigated by agencies like the ATF and prosecuted in the U.S. District Court for the Middle District of Florida, which sits in Tampa. Omar Abdelghany is licensed to practice in that court, as well as the U.S. District Court for the Northern District of Florida.
Federal charges tend to arise in situations involving alleged trafficking of firearms across state lines, straw purchases, possession of an unregistered machine gun or silencer under the National Firearms Act, and firearm possession in connection with a drug trafficking offense. The federal sentencing guidelines for gun crimes are structured differently from Florida’s mandatory minimums, but they can produce equally severe results.
The procedural differences between federal and state court are substantial. Federal investigations often begin long before an arrest is made, and by the time charges are filed, prosecutors have typically assembled a significant evidentiary record. Having a defense attorney who understands both systems is not a matter of preference but of practical necessity when the charges could land in either court.
Questions Tampa Residents Ask About Firearm Charges
Can I lose my right to own a firearm for a misdemeanor conviction?
Yes, in certain circumstances. A conviction for misdemeanor domestic violence under federal law permanently disqualifies a person from possessing firearms under 18 U.S.C. 922(g)(9). Florida law also imposes firearm restrictions in connection with domestic violence injunctions. Misdemeanor convictions that are not domestic-violence related generally do not trigger this restriction, but the specific facts of the case determine the outcome.
What happens if a firearm is found in my car during a traffic stop?
Vehicle stops produce a significant number of firearm arrests in Hillsborough County. Whether the stop itself was lawful, whether officers had probable cause or consent to search the vehicle, and whether the firearm was within your access and control are all questions worth examining. If the stop or the search was conducted improperly, evidence recovered during it may be suppressible under the Fourth Amendment.
Does a concealed carry license from another state protect me in Florida?
Florida has reciprocity agreements with a number of states, meaning certain out-of-state concealed carry licenses are recognized here. However, this protection is not universal. If your home state’s license is not on Florida’s reciprocity list, carrying a concealed firearm in Florida on that license could still result in a criminal charge. Reciprocity status can also change, so confirming the current status of your license before traveling to Florida with a firearm matters.
What is constructive possession and how does it affect my case?
Constructive possession means the State is arguing you had knowledge of the firearm and the ability to exercise control over it, even though it was not on your person. This theory is used frequently when a firearm is found in a shared space, a vehicle with multiple occupants, or a home where several people reside. Successfully challenging constructive possession requires a close look at who had actual access and knowledge, and whether the prosecution can tie those facts to you specifically.
Can a firearm charge be reduced or dismissed?
Yes, charges are reduced or dismissed in firearm cases on a regular basis. Common grounds include Fourth Amendment violations in how the firearm was discovered, insufficient evidence to establish possession, challenges to the admissibility of statements made during or after an arrest, and factual disputes about what actually occurred. The specific pathway depends entirely on the facts of the case, which is why a careful review of the police report and evidence is the first step in any defense.
If I was defending myself or my home, does that change the analysis?
Florida’s Stand Your Ground law and castle doctrine protections can apply to firearm cases, but invoking them requires meeting specific legal standards. The circumstances under which force was used, whether a threat was genuine and imminent, and whether retreat was possible or required are all factors. Stand Your Ground immunity can be raised at a pretrial hearing and, if granted, ends the prosecution before trial. It is a substantial protection, but it is not automatically available simply because someone claims self-defense.
How does a firearm charge affect an immigration case?
For non-citizens, a firearms conviction can have serious immigration consequences, including removal from the United States. Certain firearm offenses are categorized as aggravated felonies or crimes involving moral turpitude under federal immigration law, which triggers deportation proceedings. Anyone who is not a U.S. citizen should make sure their defense attorney understands the immigration dimension of their case before any plea is entered.
Speak Directly with Omar Abdelghany About Your Tampa Firearm Case
OA Law Firm handles gun and firearm cases in Tampa, throughout Hillsborough County, and across the surrounding Tampa Bay area. Omar Abdelghany manages every case in the office personally. Clients deal directly with him, not with assistants or junior associates. He returns calls and emails promptly and makes sure every client understands what they are facing and what options are available. If you are dealing with a Tampa firearm charge and want to talk through your situation, contact OA Law Firm to arrange an initial consultation.
