Gun Charges Attorney Serving Pasco County and the Tampa Bay Region

Florida takes firearms offenses more seriously than almost any other state — and the consequences can be measured in decades, not months. Whether you are facing a concealed carry charge, a felon in possession allegation, or a case where prosecutors are seeking a 10-20-Life sentencing enhancement, the decisions made in the first days after an arrest can shape everything that follows. At Butash Law Group, we represent clients facing gun charges in Pasco County courts and throughout the surrounding region, with the local court knowledge and criminal defense experience this category of case demands.

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What Florida Gun Charges Actually Mean for Your Case

Florida's firearms statutes create some of the harshest sentencing exposure in the country. Understanding what you are facing — specifically — is the starting point for any meaningful defense.

 

The most commonly charged offenses we handle include:

 

  • Carrying a concealed firearm without a valid license (§790.01): A first-degree misdemeanor or third-degree felony depending on the weapon and circumstances, even in the post-2023 permitless carry era.
  • Possession of a firearm by a convicted felon (§790.23): A second-degree felony carrying up to 15 years in prison. Prior conviction is the only element the state needs to prove.
  • Use of a firearm during the commission of a felony — the 10-20-Life enhancement (§775.087): Possessing a firearm during a covered felony triggers a mandatory minimum of 10 years. Discharging it triggers 20 years. If the discharge causes death or great bodily harm, the mandatory minimum is 25 years to life. Judges have no discretion once the enhancement applies.
  • Improper exhibition of a firearm: A first-degree misdemeanor that can escalate quickly if the circumstances suggest threatening conduct.
  • Unlawful discharge of a firearm: Charges vary based on location and intent, with significant felony exposure in residential areas or in the presence of others.

 

Florida's 2023 permitless carry law (HB 543) changed the landscape for lawful gun owners — but it also created a new category of arrests. The law does not apply to individuals with prior disqualifying convictions, people subject to domestic violence injunctions, or anyone carrying in a prohibited location. Many people arrested after 2023 believed the new law covered them. Whether it does in your specific situation is a legal question that requires an immediate answer.

How the Gun Was Found Matters as Much as Whether It Was Found

A firearms charge is not simply about whether a weapon existed. It is about whether law enforcement obtained that weapon lawfully — and whether every element of the charge can be proven beyond a reasonable doubt.

 

The defense angles that matter most in Florida gun cases:

 

  • Fourth Amendment suppression: If the firearm was discovered during an unlawful traffic stop, an unlawful search, or a seizure conducted without probable cause, a motion to suppress can have the weapon excluded from evidence entirely. Without the weapon, the charge frequently cannot proceed. How the gun was found is often the most important fact in the case.
  • Constructive vs. actual possession: Prosecutors must prove you possessed the firearm — not merely that it was present nearby. When a weapon is found in a shared vehicle, a shared residence, or a location accessible to multiple people, the possession element is genuinely contestable.
  • Challenging the 10-20-Life enhancement: The enhancement requires that the firearm was "used" in the commission of the underlying felony. Florida courts have litigated the definition of "use" extensively, and an enhancement that does not legally apply can sometimes be argued down or eliminated before trial. Mandatory minimums are not automatic — they have to be proven.
  • Stand Your Ground: In cases involving the use or display of a firearm in a self-defense context, Florida's Stand Your Ground statute (§776.032) can provide immunity from prosecution when the facts support it.

 

One additional consideration worth raising immediately: certain firearms offenses — particularly felon in possession charges — can be prosecuted under federal law (18 U.S.C. §922(g)) rather than or in addition to state charges. Federal mandatory minimums are substantially harsher than their state equivalents. If there is any indication federal jurisdiction is in play, involving defense counsel before charges are formally filed is not a precaution — it is a necessity.

Local Court Knowledge in the Cases Where It Counts Most

Gun charges in Pasco County are handled in the Pasco County Courthouse in Dade City and the West Pasco Judicial Center in New Port Richey. Mike Butash and Randy Grantham are active in both courthouses — they know the prosecutors, the procedural rhythms, and the practical realities of how firearms cases move through the 6th Judicial Circuit.

 

That familiarity matters in cases where early intervention — a well-timed suppression motion, a pre-filing conversation with the state attorney's office, or a negotiated resolution before formal charges are entered — can produce a meaningfully different outcome than waiting for the process to run its course.

 

We represent clients facing gun charges across Pasco, Hillsborough, Hernando, and Pinellas counties, including Wesley Chapel, Land O' Lakes, Zephyrhills, Lutz, Trinity, and New Port Richey. If you have been arrested or believe you are under investigation for a firearms offense, contact us as early as possible.

Serving criminal defense Clients Across Pasco County, Lutz, FL and North Tampa

A DUI, drug charge, or domestic violence arrest moves fast in Pasco County courts. A case review with Butash Law Group gets you ahead of the game — and gives you a clarity on your next steps and what we can do to accomplish them.

Frequently Asked Questions About Gun Charges in Florida

  • Is Florida a permitless carry state?

    Yes — as of July 1, 2023, Florida law (HB 543) allows most law-abiding residents to carry a concealed firearm without a license. However, the law includes significant exceptions. It does not apply to individuals with prior felony convictions, certain misdemeanor convictions, active domestic violence injunctions, or anyone carrying in a prohibited location such as a school, government building, or establishment that primarily serves alcohol. People arrested post-2023 frequently assumed the new law covered them when their specific circumstances placed them outside its protection.

  • What are the penalties for gun charges in Florida?

    Penalties vary significantly by charge. Carrying a concealed firearm without a license can be charged as a misdemeanor or a felony. Possession of a firearm by a convicted felon carries up to 15 years. The most severe exposure comes from the 10-20-Life enhancement under §775.087 — if a firearm is possessed during a qualifying felony, a mandatory minimum of 10 years applies. Discharging the firearm triggers a 20-year mandatory minimum. If the discharge causes death or great bodily harm, the mandatory minimum is 25 years to life, with no judicial discretion to reduce it.

  • Can a felon ever legally possess a firearm in Florida again?

    In limited circumstances, yes. Florida law allows convicted felons to petition for restoration of civil rights, which can include the right to possess firearms — but the process is narrow, the criteria are strict, and federal law imposes separate restrictions that Florida's restoration process does not automatically resolve. This is a situation where legal guidance is essential before any assumption is made about restored rights.

  • What does the 10-20-Life law mean for my case?

    The 10-20-Life enhancement under §775.087 means that if a firearm was involved in a qualifying felony offense, the judge is required by law to impose a specific mandatory minimum prison sentence — 10 years for possession, 20 years for discharge, and 25 years to life if the discharge caused death or great bodily harm. The enhancement must still be proven, however, and the statutory definition of "use" has been the subject of significant litigation in Florida courts. A skilled defense attorney will examine whether the enhancement was properly charged and whether the facts of your case actually satisfy the statutory requirements.

  • Can an illegal search get my gun charges dropped?

    It can. If law enforcement discovered the firearm through an unlawful traffic stop, a search conducted without a valid warrant or recognized exception, or a seizure lacking probable cause, the Fourth Amendment provides a basis to move for suppression of the evidence. If the firearm is suppressed — meaning the court rules it cannot be used as evidence — the prosecution often cannot sustain the charge. Suppression motions require a detailed factual and legal analysis of exactly how the stop and search occurred, which is one of the first things we examine when a new client comes to us with a firearms case.