Trusted gun crimes lawyers serving clients across Tampa, FL for nearly 15 years.

If you have been arrested or charged with a firearms offense in Tampa, the penalties you face may include mandatory prison time, the permanent loss of your right to possess firearms, and a felony record. Gun crime cases in Florida can be prosecuted at the state or federal level, and in many situations, both.

Ben Stechschulte has tried over 60 cases to verdict during nearly 15 years of practice in the Tampa Bay area. Our Tampa, FL gun crimes lawyer at StechLaw Criminal Defense can review your case during a free consultation. Contact our office to get started.

Gun Crimes Lawyer Tampa, FL

Gun crimes encompass a broad category of offenses involving the illegal possession, sale, transfer, or use of firearms. In Florida, these charges range from misdemeanor improper exhibition of a firearm to serious felonies like possession of a firearm by a convicted felon. At the federal level, the ATF and the FBI investigate firearms violations that cross state lines or involve prohibited persons.

The distinction between a state and federal gun charge matters significantly. Federal firearms offenses frequently carry mandatory minimum sentences that a judge cannot reduce or waive. An experienced gun crimes attorney in Tampa can assess whether your case falls under state jurisdiction, federal jurisdiction, or both, and build a defense strategy accordingly.

Types of Gun Crime Cases We Handle in Tampa

Firearms charges vary widely in severity, and the legal strategy required depends on the specific allegations. Some gun crime cases involve a single possession charge; others are part of larger federal investigations spanning months of surveillance and undercover operations. StechLaw Criminal Defense handles gun crime defense across a range of case types, including the following.

Federal gun crimes. Federal firearms charges are prosecuted by the U.S. Attorney’s Office and often carry mandatory minimum prison sentences. These cases require an attorney who understands how federal sentencing works and can challenge the government’s case at every stage.
Straw purchases. Buying a firearm on behalf of someone who is prohibited from purchasing one is a federal felony. Prosecutors take straw purchase cases seriously, and investigations often involve ATF undercover operations and confidential informants.
Gun trafficking. Illegally transporting, selling, or distributing firearms can result in federal trafficking charges. These cases are typically the product of lengthy multi-agency investigations and carry severe penalties upon conviction.
ATF gun investigations. If you are the target of an ATF investigation, federal agents may already be building a case using surveillance, recorded conversations, and traced firearms. Early legal intervention is critical in these situations.
Machine gun charges. Possession of a fully automatic weapon without proper federal registration is a serious felony. These charges can arise from ownership of modified firearms, including devices that convert semi-automatic weapons to fully automatic.
Glock switch charges. A Glock switch, or auto sear, converts a semi-automatic handgun into a fully automatic weapon. Possession of this device without federal authorization is treated as possession of a machine gun under federal law and carries significant prison time.
Possession of stolen firearms. Being found with a firearm that has been reported stolen is a felony offense. In many cases, the defendant did not know the weapon was stolen, which can form the basis of a defense.
924(c) firearm charges. A 924(c) charge is added when a firearm is used or carried during a violent crime or drug trafficking offense. It carries a mandatory consecutive sentence on top of the underlying charge, which means the prison time stacks.

Why Choose StechLaw Criminal Defense as My Gun Crimes Lawyer in Tampa, FL?

Trial-Tested Firearms Defense

Ben Stechschulte has tried over 60 cases to verdict during nearly 15 years of criminal defense practice in Tampa. He earned his law degree from Stetson Law and is one of a small number of Florida attorneys who are board certified in criminal trial law by The Florida Bar. Super Lawyers® magazine recognized him as a Rising Star in 2015.

Gun crime cases in the Middle District of Florida often involve mandatory minimum sentences that give prosecutors significant leverage during plea negotiations. Having a criminal defense lawyer in Tampa, FL who has actually tried complex criminal cases changes the calculus. Prosecutors negotiate differently when they know the defense is prepared to go to trial.

StechLaw Criminal Defense represents individuals accused of firearms offenses at both the state and federal level. Whether you are facing a felon in possession charge, a trafficking allegation, or a 924(c) enhancement, our firm is prepared to defend you.

What Is Important to Understand About Gun Crime Cases?

Charges, Penalties, and Defense Strategies for Gun Crime Cases

Firearms offenses in Florida and at the federal level carry steep penalties. Judges calculate federal sentences using the sentencing guidelines published by the U.S. Sentencing Commission, and Florida courts apply mandatory minimum sentencing laws in many gun crime cases. Several factors affect the severity of a sentence:

Whether the defendant is a convicted felon prohibited from possessing firearms
The type of firearm involved, particularly if it is a machine gun, short-barreled rifle, or unregistered weapon
Whether the firearm was used during the commission of another offense
The number of weapons involved and whether any were stolen
Prior criminal history and any pending charges
Whether the case is prosecuted at the state or federal level

Defense strategies depend on the facts of the case. Common approaches include challenging the legality of a search or seizure, disputing constructive possession, arguing that the defendant did not know the firearm was present, and questioning whether a firearm meets the statutory definition under federal law.

What Are Important Aspects of a Gun Crime Case?

A firearms case can turn on details that may not be obvious at first glance. Several aspects deserve close attention from the beginning.

Constructive possession is a frequent issue. The government does not need to prove the gun was on your person. Prosecutors can argue you had knowledge of and control over a firearm found in your car, home, or shared space.
A domestic violence conviction or restraining order can trigger federal firearms prohibitions. Many individuals are unaware they are prohibited from possessing weapons until they face an additional charge.
The source and chain of custody of the firearm matters. If law enforcement cannot prove the weapon was functional or meet other statutory requirements, the charge may be vulnerable to challenge.
Federal gun charges often come with mandatory minimum sentences that run consecutively, meaning prison time stacks on top of any other conviction.

What Is the Gun Crime Case Timeline?

The timeline for a gun crime case depends on whether it is prosecuted in state or federal court, and how complex the underlying investigation is.

Arrest and initial appearance. After an arrest, the defendant appears before a judge for a bond determination. In federal cases, the government may seek pretrial detention, particularly if the charge involves a violent offense or the defendant has prior convictions.
Investigation and charging. State charges can be filed quickly. Federal cases often involve a grand jury process, and the investigation may have been ongoing for weeks or months before the arrest.
Pretrial proceedings. Both sides exchange evidence during discovery. Defense counsel may file motions to suppress evidence obtained through unlawful searches or to challenge the government’s theory of possession.
Trial or resolution. If the case does not resolve through plea negotiations, it goes to a jury. Gun crime trials at both the state and federal level can take several days depending on the complexity of the evidence.
Sentencing. Florida courts apply the Criminal Punishment Code and any applicable mandatory minimums. Federal courts rely on the sentencing guidelines and statutory minimum sentences.

What Should You Bring to Your Gun Crimes Consultation?

Having relevant documents ready for your first meeting allows your attorney to evaluate the case efficiently.

The arrest report and any charging documents you have received
Information about the firearm at issue, including whether you have a concealed carry permit or any other licenses
Records of prior convictions or pending cases, if applicable
Any communications from law enforcement, including search warrants, subpoenas, or target letters

Your consultation at StechLaw Criminal Defense is free and confidential. We will review the facts of your case, explain the charges, and discuss your defense options.

What Are Important Florida Legal Resources for Gun Crime Cases?

Firearms law in Florida involves both state statutes and federal regulations. The following resources can help you research the laws and agencies relevant to gun crime prosecutions.

The ATF enforces federal firearms laws, investigates trafficking, and regulates licensed dealers across the state.
The U.S. Sentencing Commission publishes the guidelines that federal judges consult when sentencing firearm offenders.
The Middle District of Florida, which includes Tampa, handles all federal firearm prosecutions in this region. Court procedures and filings are available through the court’s website.
The U.S. Attorney’s Office for the Middle District of Florida prosecutes federal gun cases brought by ATF and other agencies.
Florida’s gun crime penalties vary depending on the offense level, the defendant’s criminal history, and whether mandatory minimums apply.

The general federal statute of limitations for most firearms offenses is five years. Florida’s statute of limitations varies by offense level.

Reach Out to StechLaw Criminal Defense to Schedule a Consultation

If you are facing gun crime charges in Tampa, FL, our firm offers a free initial consultation. We will review the facts, explain the potential penalties, and walk you through the defense strategies that apply to your situation. StechLaw Criminal Defense also offers payment plans for clients who need them. Contact us to speak with a Tampa gun crimes attorney today.