A felony conviction in Hillsborough County strips away your constitutional right to own or carry a firearm, and state law enforces that prohibition with strict prison sentences. Retaining a felon in possession of a firearm lawyer immediately gives you a protective shield against aggressive prosecution tactics in Tampa courts.
Police officers during routine traffic stops along Nebraska Avenue or targeted street enforcement operations often search vehicles and homes, arresting individuals as soon as they discover a weapon nearby. Prosecutors prosecute these cases vigorously, pushing for mandatory prison time regardless of whether you owned the weapon or simply knew it was present.
Taracks & Associates stands between you and state prosecutors to defend your reputation and personal liberty. Call Taracks & Associates today for a free case evaluation at (813) 281-2897.
Why Do You Need a Law Firm for Firearm Allegations?
Facing state or federal firearm charges requires a law firm because prosecutors seek mandatory prison sentences, and challenging physical evidence requires technical legal intervention. Handling these charges without legal representation exposes you to strict scoring guidelines and severe statutory penalties.
How a Defense Firm Protects Your Rights
- Challenging Unlawful Searches: Defense lawyers examine traffic stops and home searches to file motions suppressing illegally seized weapons.
- Disputing Constructive Possession: Attorneys present DNA, fingerprint, and witness evidence showing you lacked knowledge or physical control over a firearm.
- Evaluating Forensic Testing: Counsel inspects ballistic reports and police procedures to identify errors in officer testimony.
State prosecutors handle firearm offenses with zero tolerance, aiming for state prison terms to satisfy public safety mandates.
Attorney Barry Taracks, our firm’s founder, is a former state prosecutor with more than 30 years of professional experience in criminal cases. Having handled 185 jury trials, he understands how police construct firearm reports and where scientific or procedural gaps exist.
Barry cross-examines arresting officers, challenges physical fingerprint or DNA evidence, presents formal suppression motions, and fights to protect your rights in court. Working alongside a defense firm provides the structured guidance needed to challenge state assertions, negotiate charge reductions, and secure favorable trial outcomes.
What Our Clients Say
Clients share their experiences trusting our team with their legal defense:
“I highly recommend Barry Taracks. Mr. Taracks has extensive knowledge of the judicial system. Mr. Taracks’ experience and contacts within the judicial realm are unparalleled and invaluable. Mr. Taracks speaks very decisively and leaves no question about what he can do for you. From the initial consultation to the final resolution, Mr. Taracks and his team demonstrated incredible professionalism and responsiveness.” – Michael
“Barry saved my life! I was facing an 18 month prison sentence, my former attorney had advised me to take it because the case was solid against me. I came to Barry for a second opinion…” – David
“Barry got my case dismissed. He was great about returning my texts, calls, and e-mails. He truly cares about his clients and improving their lives. Besides the fact that he got my case dismissed, he set me up with a program that is helping me stay sober and get on the right track. He is a great human being.” – Former Client
We understand the stress and anxiety accompanying felony weapons charges. We stand ready to defend your rights, challenge prosecutor evidence, and fight for your independence.
What Are the Penalties Under Florida Statute 790.23?
Violating statute 790.23 in Florida constitutes a second-degree felony, carrying statutory penalties up to 15 years in state prison, 15 years of probation, and $10,000 in court fines.
The possession of firearm by convicted felon in Florida penalties escalate rapidly depending on the physical location of the firearm during an arrest. Under Florida Statute 775.087, commonly known as the 10-20-Life law, possessing a firearm while committing certain primary offenses triggers a 3-year mandatory minimum prison sentence.
Furthermore, Florida Criminal Punishment Code scoring sheets assign high primary offense points to firearm possession charges, meaning a conviction often mandates state prison time even without secondary criminal allegations.
Courts also impose secondary penalties, including extended probation terms, mandatory drug screening, forfeiture of seized property, and complete disqualification from future post-conviction relief opportunities. Sometimes, prosecutors file separate charges if officers locate ammunition alongside the weapon, adding extra felony counts to a single arrest event.
How Does Florida Law Differentiate Actual from Constructive Possession?
Florida law separates possession into two distinct categories, creating important evidentiary boundaries that defense attorneys evaluate during trial preparation.
Actual possession requires direct physical contact. If Tampa police officers stop you on East Fowler Avenue and find a handgun in your waistband, prosecutors establish actual possession instantly. In these scenarios, defense strategies focus on questioning the legality of the initial police stop, challenging search warrants, or disputing the physical testing of the weapon.
Constructive possession involves much more complex legal standards. When officers locate a firearm inside a glove compartment, under a passenger seat, or within a shared bedroom closet, the state must prove two separate facts beyond a reasonable doubt:
- You possessed complete knowledge that the firearm was present in that location.
- You maintained independent control and dominion over the space where officers located the weapon.
If multiple people share access to a vehicle or home, proximity to a firearm does not equal legal possession. A passenger traveling in a vehicle containing a hidden firearm under the driver’s seat does not automatically commit constructive possession.
Defense attorneys present witness statements, fingerprint analysis, and DNA testing results to prove you lacked knowledge or physical control over another person’s firearm.
When Does a State Firearm Charge Federalize Under 18 U.S.C. 922(g)?
Federal law enforcement agencies, including the ATF and the U.S. Attorney’s Office, actively monitor local firearm arrests across the Middle District of Florida in Tampa.
Under 18 U.S.C. section 922(g), federal law strictly prohibits any person previously convicted of a felony from possessing any firearm or ammunition that has traveled in interstate commerce. While state second-degree felony charges carry up to 15 years in prison, federal convictions carry maximum penalties reaching 15 years, with enhanced sentencing under the Armed Career Criminal Act imposing mandatory 15-year minimum prison terms for individuals with three prior violent felony or drug convictions.
Federal prosecutors choose to take over state cases when allegations involve specific criteria:
- Allegations involving modified firearms, high-capacity magazines, or stolen weapons.
- Prior felony records containing multiple violent offenses or serious drug distribution cases.
- Firearms linked to suspected gang activities or active narcotics investigations.
- Simultaneous arrests involving large amounts of cash or federal drug trafficking threshold amounts.
Having an experienced felon in possession of firearm attorney ensures you maintain strong defense coverage whether your case remains in Hillsborough County Circuit Court or transfers to federal court downtown.
What Legal Defenses Apply to Felon in Possession Charges?
Defending against firearm charges requires showing that the state failed to satisfy every legal element or demonstrating that police officers violated your constitutional rights.
Unlawful Search and Seizure
The Fourth Amendment protects individuals against unreasonable searches by law enforcement. If Tampa police officers stopped your vehicle without reasonable suspicion or searched your home without a valid warrant or lawful consent, your attorney files a motion to suppress evidence.
Suppressing the physical firearm leaves prosecutors with no physical evidence, forcing a complete case dismissal.
Lack of Knowledge or Control
In constructive possession cases, demonstrating that you were unaware of a firearm hidden by a roommate, family member, or vehicle owner breaks the prosecution’s case. A Tampa weapon offense lawyer can present witness testimony showing the weapon belonged exclusively to someone else who hid it without your knowledge.
Non-Firearm Classification
Florida law defines a firearm as a weapon designed to expel a projectile by the action of an explosive. Antique firearms manufactured before 1918, replica weapons, or permanently disabled display guns often fail to meet the legal statutory definition under Florida law, providing a complete defense to felony charges.
Necessity Defense
In extremely rare emergencies, a convicted felon may briefly hold a weapon to protect themselves or others from imminent, life-threatening violence. Proving that you held the weapon for only a few seconds purely for self-defense creates a valid legal defense.
How Does Restoration of Civil Rights Impact Firearm Possession Cases?
Restoration of civil rights remains a detailed administrative process governed strictly by the Florida Clemency Board and the Florida Constitution.
Many individuals mistakenly believe that completing a prison sentence or probation automatically restores their constitutional right to purchase or hold firearms. Under Florida law, executive clemency represents the only legal pathway to regain firearm privileges.
Applying to Restore Firearm Rights
The restoration of gun rights in Florida requires a formal application process through the Office of Executive Clemency, subjecting applicants to strict waiting periods after completing all court-imposed sentences.
How Executive Clemency Can Affect a Firearm Charge
If the Governor and Cabinet grant executive clemency specifically restoring your firearm rights prior to an arrest, you cannot be prosecuted under Statute 790.23. However, pardon certificates from other states or partial civil rights restorations that exclude firearm privileges do not protect you under Florida criminal statutes.
Reviewing Your Record and Clemency Documentation
Defense attorneys carefully examine your prior record and clemency documentation to determine whether your legal rights were officially active at the time of the police encounter.
Frequently Asked Questions About Tampa Felon in Possession Charges
Can I be charged if the gun was locked in a trunk or glove box?
Yes, prosecutors can file constructive possession charges if a locked firearm rests inside a vehicle you own or operate. However, state attorneys must prove you possessed knowledge that the gun was inside the locked compartment and held physical access or control over the keys.
Does a withheld adjudication on a prior case count as a felony conviction?
Florida courts hold that a prior felony where the judge withheld adjudication does not constitute a felony conviction under Statute 790.23, provided you were not actively on probation when officers located the weapon.
However, federal prosecutors apply different rules under 18 U.S.C. 922(g), making early legal consultation essential.
What happens if police found a gun in a house with multiple occupants?
When police locate a weapon in a shared living area, proximity alone does not establish legal guilt. Prosecutors must present independent evidence, such as your fingerprints, DNA, or personal admissions, proving you knew about the weapon and maintained control over it.
Can ammunition alone lead to a felon in possession charge?
Yes, Florida Statute 790.23 explicitly prohibits convicted felons from possessing single rounds of ammunition or loaded magazines, even if officers find no actual firearm during the search. Possessing ammunition carries the same second-degree felony penalties as holding an actual gun.
How does a former prosecutor background assist in building a firearm defense?
Former prosecutors understand how police officers write search warrants, conduct vehicle inventories, and prepare witness testimony for trial. This unique experience helps your attorney identify illegal searches, expose flaws in officer narratives, and build persuasive arguments for judges and juries.
Contact Taracks & Associates for Strategic Legal Defense
If police arrested you or a loved one for firearm charges in Tampa, securing dedicated legal defense immediately protects your future. Taracks & Associates stands ready to evaluate your arrest, challenge police searches, and advocate aggressively on your behalf.
We Aren’t Just Attorneys. We’re Advocates. Contact Taracks & Associates today for a free case evaluation by calling (813) 281-2897.
Taracks & Associates: 3210 W. Cypress St. Tampa, FL 33607