Were you carrying a firearm you believed you had every right to carry? Did a routine stop turn into a felony charge that could define the rest of your life? Florida prosecutors pursue gun crimes aggressively, and the state's 10-20-Life law means a conviction can carry a mandatory prison sentence no judge is allowed to waive. At Seidlich Law, we fight these cases hard, because we know what's actually at stake.
We represent clients across Florida, including Hillsborough, Orange, Panama City, Marion, Volusia, Pinellas, and Tampa, against felon in possession charges, improper exhibition, unlawful discharge, and other firearm offenses under Chapter 790 of the Florida Statutes.
Gun cases are rarely as simple as they look on the arrest report. How the firearm was found, whether the stop or search was lawful, and whether you were even legally prohibited from having it in the first place can all make or break the case.
Once certain firearm enhancements apply, the judge isn't allowed to go below the mandatory minimum, no matter the circumstances. That makes the fight at the front end, before a conviction, the most important part of the case.
Florida's firearm laws are set out in Chapter 790 of the Florida Statutes. Since July 2023, Florida has been a constitutional carry state, meaning a person who is not otherwise legally prohibited from having a firearm generally does not need a license to carry one concealed. That doesn't mean gun charges have gone away. Prosecutors still aggressively pursue cases involving felons in possession, improper exhibition, unlawful discharge, and firearms used in connection with other crimes.
Under § 790.23, a person with a prior felony conviction who owns, possesses, or controls a firearm commits a second degree felony, punishable by up to 15 years in prison, unless their rights have been restored.
Under § 790.10, displaying a firearm in a rude, careless, angry, or threatening manner, not in necessary self-defense, is a first degree misdemeanor. This charge often comes up in disputes that never actually involved anyone firing a weapon.
Under § 790.15, firing a gun in public or on residential property, outside specific lawful exceptions like self-defense, is a criminal offense.
Under § 790.19, shooting or throwing a deadly missile into an occupied or unoccupied dwelling, building, or vehicle is a serious felony, regardless of whether anyone was actually hit.
Under § 790.233, possessing a firearm or ammunition while subject to an active injunction for domestic violence, stalking, or cyberstalking is a separate criminal offense.
Florida's "10-20-Life" law, codified at § 775.087, imposes mandatory minimum prison sentences when a firearm is involved in certain felonies, and these minimums override the usual sentencing caps for the underlying offense.
These are mandatory. A judge who wants to show leniency cannot go below them once they apply, which is exactly why challenging whether the enhancement applies at all is often the most important part of the defense.
You will attend a bond hearing, typically within 24 hours, where a judge reviews probable cause and sets conditions of release.
The state attorney's office reviews the arrest report and evidence and decides which charges, and which enhancements, to formally file.
Your attorney can challenge the legality of the stop, search, or seizure of the firearm before the case ever reaches trial.
If no resolution is reached, the case proceeds to trial, where the state has to prove every element of the charge, including that you were not legally entitled to possess the firearm.
If the firearm was found through an unlawful stop or search, the evidence may be suppressed entirely, which can end the case before it starts.
Since Florida allows permitless concealed carry for those not legally prohibited, showing you were eligible to carry can be a complete defense to a carrying charge.
Where a defense can't eliminate the charge entirely, negotiating around a mandatory minimum enhancement can still make a major difference in the outcome.
Once a 10-20-Life enhancement applies, prison time is not optional, and it can run far longer than the underlying charge would otherwise carry.
A felony firearm conviction strips away your own right to own or possess a firearm going forward. If that's ever happened to you before and you're looking to get those rights back, see our gun rights restoration page.
Non-citizens may face removal proceedings following a firearm conviction, separate from any criminal penalty.
A felony firearm conviction follows you through background checks for jobs, housing, and professional licensing.
Seidlich Law brings a strategic, results focused approach to firearm cases across Florida, with clear communication, personalized guidance, and the experience to handle both straightforward and high stakes mandatory minimum cases. We don't treat a gun charge as a foregone conclusion, and neither should you.
Beating a mandatory minimum often means attacking whether the enhancement applies at all, not just the underlying charge. That takes a defense built around the specific facts of how the firearm was involved.
Do I need a permit to carry a concealed firearm in Florida?
Generally no. Since July 2023, Florida has allowed permitless concealed carry for those who are not otherwise legally prohibited from possessing a firearm.
Can a felon ever legally own a gun again in Florida?
Yes, through Florida's clemency process.
What is Florida's 10-20-Life law?
It's a mandatory minimum sentencing law for felonies involving a firearm: 10 years for possession, 20 years for discharge, and 25 years to life if the discharge causes death or great bodily harm. These minimums override the usual sentencing caps.
Do you handle related criminal matters?
Yes. Beyond gun crimes, we handle domestic violence, DUI/DWI defense, drug crimes, assault and battery, violent crimes, and post-conviction relief.
If you're facing a firearm charge anywhere in Florida, don't wait to get help. Mandatory minimums make the early stages of your case the most important. Contact Seidlich Law today for a free, confidential consultation.
