Florida Federal Firearms Defense Lawyer

Are you looking for a federal firearms defense lawyer in Florida?

At StechLaw Criminal Defense, we provide federal firearms defense representation grounded in nearly 15 years of work on behalf of clients in Florida.

If federal agents have seized a firearm from you or you have been charged with a federal gun offense in Florida, the defense starts with two questions: whether you possessed the firearm, and whether the law barred you from having it. Our Florida federal firearms defense lawyer reviews the search, the firearm’s ownership history, and the court records the government relies on to establish prohibited status.

StechLaw Criminal Defense handles federal firearm cases from the investigation stage through trial and sentencing. Mr. Stechschulte is a former prosecutor.

Schedule a free consultation to discuss the charge and the evidence behind it.

Federal Firearms Defense Lawyer Florida

Federal firearms law governs who may possess a gun, how firearms are bought and sold, and which weapons must be registered. A federal firearms defense lawyer in Florida represents people charged under those statutes, which the ATF enforces and the U.S. Attorney’s Office prosecutes. Federal prosecutors can also adopt state gun cases that began with a local arrest.

Firearms offenses accounted for 217 of the 1,528 people sentenced in the Middle District of Florida in fiscal year 2025, according to Sentencing Commission data. The median prison sentence in those cases was 46 months.

Types of Federal Firearms Cases We Handle in Florida

Most federal firearm prosecutions in Florida involve a claim that the person was barred from having a gun, a dispute over who possessed it, or an alleged violation of purchase, sale, or location rules. As a federal firearms attorney in Florida, Mr. Stechschulte defends each category.

• Possession after a felony conviction. The prosecution must prove the prior conviction, the possession, and the person’s knowledge of the status that barred possession. A Florida clemency grant that restores firearm authority can remove the bar for a state conviction.
• Shared homes and vehicles. A gun found in a car or residence used by several people does not by itself establish who possessed it. We examine fingerprint and DNA testing, the location of the firearm, and any statements attributed to the client.
• Unlawful drug users in possession. Federal law bars people who unlawfully use controlled substances from possessing firearms. These cases frequently rest on statements made to agents about drug use. We review how and when those statements were obtained.
• Straw purchases and false statements. A buyer who completes ATF Form 4473 for someone else, or who answers its questions falsely, can be charged federally. Whether the buyer knew the actual recipient’s status is often disputed in a straw purchase prosecution.
• Protective orders and pending indictments. Federal law restricts firearms for people subject to certain domestic violence protective orders. It also bars people under felony indictment from receiving firearms. The terms of the order and the indictment dates determine whether either restriction applied.
• Dealing without a license. Selling firearms without a federal license is a crime when the sales amount to a business. Frequency, profit, and record-keeping separate private firearm sellers from unlicensed dealers.
• Firearms connected to drug or violent offenses. A separate federal charge applies when a gun is used or possessed in connection with drug trafficking or a crime of violence. The government must show a connection to the underlying offense, not mere presence.
• Firearms in restricted federal locations. Carrying a gun into a federal courthouse, a military installation, or an airport secure area can lead to federal charges. Florida’s carry laws do not apply in federally restricted locations.

Why Choose StechLaw Criminal Defense as My Federal Firearms Defense Lawyer in Florida?

Federal Court Appointment and Trial Certification

Before entering private practice, Ben Stechschulte spent three years as a prosecutor in Hillsborough County. He studied at John Carroll University and earned his law degree at Stetson University.

Federal judges in Tampa appointed him to the Criminal Justice Act Panel, which provides counsel to people charged with federal crimes. He is board certified in criminal trial law by The Florida Bar. Over nearly 15 years in the Tampa Bay area, he has tried more than 60 cases to verdict. Super Lawyers recognized him as a Rising Star in 2015.

Trial work and federal court experience are the qualifications that matter most in a federal criminal defense lawyer in Florida.

Results in Firearm Cases

None of the following firearm matters resulted in a prison or jail sentence:

• In a federal firearm sales case, the client received probation. Prosecutors had sought three years in prison.
• In a firearm self-defense case, the court imposed probation instead of jail.
• No charges were filed after an aggravated assault investigation involving a lawfully carried firearm.

Past results do not guarantee the outcome of any future case.

Understanding Federal Firearms Defense Cases

Charges, Penalties, and Defense Strategies for Federal Firearms Cases

Federal firearm statutes define who may possess a gun, what may be possessed, and how firearms may be transferred. Status-based restrictions cover people with felony convictions, unlawful drug users, people subject to certain protective orders, and several other prohibited-person categories.

• Prohibited-person charges require proof of the person’s status at the time of possession and proof that the person knew of that status.
• Penalties depend on the statute charged and the person’s criminal history. Some firearm offenses carry mandatory minimum sentences.
• Sentencing considers the number of firearms, the type of weapon, and whether the gun was connected to another offense.
• Suppression motions challenge the traffic stops, home searches, and phone searches that produced the evidence.
• Constitutional challenges to several federal firearm restrictions remain in active litigation following recent Supreme Court decisions.

What Are Important Aspects of a Federal Firearms Case?

The facts that decide a federal firearm case are usually fixed early. The search, the first statements, and the prior record each require separate review.

Most federal firearms offenses fall under the general federal limitations statute, which requires charges within five years. For an older seizure, the statute of limitations is the first issue to confirm.

The prior conviction that creates prohibited status must be proven with court records. Older Florida judgments sometimes misstate the degree of the offense. Whether adjudication was withheld can also affect whether a record qualifies as a conviction for federal firearm purposes.

Where the search was lawful and the prior record is clear, trial may not be the strongest option. In those cases, a Florida federal firearms defense attorney may accomplish more by contesting the guideline calculation at sentencing.

What Is The Federal Firearms Case Timeline?

Federal firearm cases proceed through the district court in a fixed sequence. The pace depends on the volume of evidence and the court’s calendar.

• Arrest or indictment. The accused appears before a magistrate judge, who explains the charges.
• Detention hearing. The court decides whether the accused will be released before trial and on what conditions.
• Arraignment and discovery. The government produces lab reports, ATF trace records, body camera footage, and other evidence.
• Pretrial motions. The defense challenges the search, the statements, and the indictment.
• Plea or trial. The case is resolved by a plea agreement or by a jury verdict.
• Sentencing. The court reviews the presentence report and calculates the guideline range before imposing a sentence.

What Should You Bring to Your Federal Firearms Consultation?

Bring any paperwork from the arrest, the court, or the agency that seized the firearm. Records of your prior cases are equally important:

1. The property receipt or inventory listing the seized firearm
2. The criminal complaint, indictment, or any other charging document
3. Judgments from prior cases, along with any clemency or restoration-of-rights certificate
4. Purchase receipts, transfer paperwork, or a concealed weapon license
5. Any injunction or protective order in effect when the firearm was found

There is no charge for the initial meeting with our federal firearms defense attorney in Florida. We will assess the search, the charge, and the records that establish or dispute prohibited status. We will also explain which defenses the record supports.

Florida Courthouses and Local Criminal Justice Resources

Cases handled by a federal firearms defense lawyer in Florida involve federal courts and investigating agencies. State offices also maintain the purchase and clemency records these cases frequently depend on.

• United States District Court, Middle District of Florida. The court hears federal criminal cases in five Middle District divisions: Tampa, Orlando, Jacksonville, Fort Myers, and Ocala.
• ATF Tampa Field Division. The ATF Tampa Field Division investigates firearm offenses in 58 of Florida’s 67 counties.
• United States Attorney’s Office, Northern District of Florida. The Northern District prosecutors handle federal cases arising in Tallahassee, Pensacola, Gainesville, and Panama City.
• FDLE Firearm Purchase Program. The Firearm Purchase Program conducts background checks for Florida dealer sales. An appeal of a non-approval must be received within 60 days.
• Office of Executive Clemency. The Office of Executive Clemency reviews applications to restore firearm authority after a Florida felony conviction. It does not consider requests based on federal or out-of-state convictions.

Reach Out to StechLaw Criminal Defense to Schedule a Consultation

A free consultation with our Florida federal firearms defense lawyer covers the stop or search, the charge, and any prior record the government intends to use. StechLaw Criminal Defense accepts calls at any hour, including weekends. Bring the property receipt and any court paperwork you have received. Contact us to set a time to meet.