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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.

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Florida Association of Criminal Defense Lawyers
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What Florida Gun Charges Actually Mean for Your Case

Attorney Michael G. Butash, Butash Law Group

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.

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

  • 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.
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What Do Our Clients Say?

Emely Rosas ★★★★★
I can’t thank my lawyer enough for the outstanding job they did handling my DUI case. From the very beginning, they were professional, knowledgeable, and honest about the entire process. They kept me informed every step of the way, answered all my questions, and made a stressful situation much easier to deal with. What impressed me most was their dedication and attention to detail. They truly fought for the best possible outcome and treated me with respect the entire time.Thanks to their hard work and experience, my case was resolved better than I expected, If you’re looking for an attorney who genuinely cares about their clients and knows how to get results, I highly recommend mike!
Emely Rosas
Amelia Cozzolino ★★★★★
Working with Mike and his team was a great experience. Mike is knowledgeable, professional, and truly cares about his clients. He took the time to explain everything clearly and made sure I felt confident throughout the entire process. I also want to give a special thank you to Stephanie, his paralegal, who was absolutely excellent. She was always responsive, organized, and went above and beyond to keep everything moving smoothly. Her communication made a stressful situation so much easier. I’m very grateful for everything they did for me and would highly recommend Mike and his team to anyone needing legal help.
Amelia Cozzolino
Tanya Rais ★★★★★
I cannot say enough good things about Mike Butash and his team. If I could give more than five stars, I absolutely would. They have truly been a lifeline for me during one of the most difficult and emotional periods of my life. Navigating a high-conflict divorce is overwhelming, but they were the steady voice of reason through it all. When things became complicated or stressful, they brought clarity, logic, and a clear path forward. Mike, Mimi, and the entire staff have supported me every step of the way. They fought for me, kept me informed, and always made sure I understood both the process and possible outcomes-good or bad. That level of honesty and transparency meant everything. Even during moments when I felt frustrated or emotional, they remained patient, professional, and genuinely supportive. Even though my journey isn’t completely over, I feel confident knowing I’m in the best hands. I recommend them to anyone who needs not just an attorney, but a team that truly stands by you.
Tanya Rais
Margarita Vazquez ★★★★★
I am incredibly grateful for the outstanding legal representation I received. My case lasted over a year, and throughout the entire process, Mr. Butash was professional, knowledgeable, and consistently responsive. He took the time to explain every step clearly, kept me informed, and always made me feel supported. His dedication and attention to detail truly made a difference, and I couldn’t be happier with the outcome. I highly recommend Butash Law Group to anyone looking for a reliable and trustworthy attorney. Thank you so much again Mike!
Margarita Vazquez
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Why Choose Butash Law Group for Gun Charge Defense?

  • 30+ years serving Tampa Bay individuals and businesses with gun charge defense matters
  • Locally rooted in Pasco, Hillsborough, Hernando and Pinellas counties with deep regional court knowledge
  • Free consultations to assess your case and identify your strongest legal options
  • 4.7-star Google rating from 136 verified client reviews reflecting consistent quality
  • Every case receives individualized strategyno one-size-fits-all approach
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What to Expect When You Hire a Gun Charge Defense Lawyer

Step 1: Free Initial Consultation

Contact Butash Law Group at (813) 341-2232 to schedule a complimentary consultation where your dispute is reviewed and your legal options are explained. This no-obligation meeting helps establish whether your matter has merit and what strategy may best protect your interests.

Step 2: Case Evaluation & Strategy

Every gun charge defense matter is individually assessed based on its unique facts, applicable Florida law, and the client's goals. The firm identifies fee-recovery opportunities, evaluates litigation risk, and recommends the most advantageous pathmediation, negotiated settlement, or trial.

Step 3: Pre-Litigation Negotiation & Mediation

Where appropriate, Butash Law Group pursues pre-suit negotiation or formal mediation to resolve disputes efficiently and cost-effectively before court proceedings begin. A timely mediated resolution can preserve business relationships and significantly reduce overall litigation expense.

Step 4: Discovery & Evidence Building

If litigation proceeds, the firm actively manages all phases of discoveryincluding interrogatories, document requests, depositions, and subpoenasto build the strongest possible evidentiary record. Disputes over privilege, production scope, or non-party subpoenas are handled promptly to keep the case moving forward.

Step 5: Trial or Final Resolution

When settlement terms are inadequate or trial is in the client's best interest, Butash Law Group is fully prepared to argue the case before a judge or jury in Florida state or federal court. The firm pursues every available remedy to achieve the most favorable outcome possible for each client.

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Serving Pasco, Hillsborough, Hernando & Pinellas Counties

Butash Law Group serves gun charge defense clients throughout Pasco, Hillsborough, Hernando and Pinellas counties, including Lutz, Wesley Chapel, Land O’ Lakes, Dade City and Tampa. Whether your dispute arises locally or involves parties across the region, the firm provides experienced, responsive representation close to home.

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Butash Law Group represents Tampa Bay clients across a full range of legal matters.

Criminal DefenseFelony & Misdemeanor Defense Throughout Tampa Bay | National Top 100 Trial Lawyers | Free ConsultationLearn More
Divorce LawyerEquitable Distribution & Alimony Guidance | Expertise.com Best Divorce Lawyer in Wesley Chapel | Pasco, Hillsborough, Hernando & Pinellas CountiesLearn More
DUI DefenseDUI Charges Dismissed or Reduced | National Top 100 Trial Lawyers | Free Case Evaluation in LutzLearn More
Family LawFamily Law Disputes Resolved Through 30+ years of Experience | Expertise.com Best Divorce Lawyer in Wesley Chapel | Lutz, FLLearn More
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Frequently Asked Questions

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.

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.

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.

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.

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.
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About Mike Butash
MEET MIKE BUTASH

A Former Prosecutor Who Knows Both Sides

Mike grew up in the Tampa Bay area and graduated from Stetson University College of Law in 1997. He was immediately hired as an Assistant State Attorney for the 6th Judicial Circuit in Pinellas and Pasco Counties, where he prosecuted everything from misdemeanors to the most serious felonies. Today he uses that insider experience to defend clients across Tampa Bay. With more than three decades of practice, lead counsel in over 40 jury trials, and thousands of cases handled, Mike brings the kind of courtroom judgment that only comes from years on both sides of the aisle.

40+ jury trials as lead counsel | 30+ years practicing | Thousands of cases

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