
Criminal Defense · Tampa Bay
Tampa Weapons & Firearm Defense Lawyers
A firearm found during a traffic stop, a disputed search, or a prior conviction can raise very different defense questions. Nicole N. Sanchez and Tyler K. Vaughn represent people facing weapons charges across Tampa Bay. We examine the specific allegation, the evidence connecting a person to a weapon, and the law governing the encounter.
Request a consultation · Call 813.582.5188 · Text 813.401.9918
Start with the issue in your case
“Gun charge” can describe different offenses. The charging document and the facts determine which questions come first.
Possession
Who allegedly possessed or controlled the firearm? What evidence shows knowledge, and does a prior conviction or court order affect possession rights?
Carrying
Was the weapon concealed or openly carried? What law applied at the time, and do eligibility requirements or location restrictions matter?
Display or use
What do witnesses and recordings show about how the weapon was displayed or used? Is self-defense raised by the evidence?
Firearm found in a shared car or home?
Being nearby does not answer every possession question
When a firearm is not found on the accused person's body, the State may rely on constructive possession. In a firearm-possession case, knowledge and intentional control matter; being close to a firearm does not, by itself, establish intentional control without additional evidence. See Christian v. State, No. 2D19-1227 (Fla. 2d DCA Dec. 9, 2020).
For a shared vehicle or residence, we examine where the firearm was found, who had access, statements attributed to each person, and any physical or digital evidence. Another person's ownership is relevant, but ownership and possession are different questions. A firearm does not have to be purchased in your name for possession to become an issue.
Prior convictions and restoration of rights
Florida law restricts firearm and ammunition possession for specified people, including convicted felons. Its restoration exception requires both civil rights and firearm authority to have been restored. Finishing a sentence should not be treated as proof that firearm rights were restored. We review the actual judgment and any restoration documents. Florida Statutes § 790.23.
What to gather for a consultation
Start with documents and information you already have. You do not need a complete case file before contacting us.
- Charge and deadlines: Arrest paperwork, case number, county, charging document, release conditions, and the next court date.
- Where the weapon was found: The location, who was present, and who had access to the vehicle, room, bag, or container involved.
- Search paperwork: Any warrant, property receipt, inventory, or consent form officers provided.
- Relevant records: Existing ownership or license documents, prior judgments, rights-restoration documents, and any injunction or other court order.
- Potential evidence: Identify witnesses, nearby cameras, recordings, photographs, and messages that may help explain the encounter.
- A short timeline: What happened before the stop or search, what officers said, and any statements you made.
Do not bring a firearm or ammunition to the office. Preserve relevant records without altering them and ask counsel how to provide documents securely.
Carrying laws require a current, specific analysis
Concealed carry and license requirements
Florida authorizes concealed carry by a license holder or by an unlicensed person who meets the statutory eligibility criteria. Lack of a license alone therefore does not establish unlawful concealed carry. Eligibility and the particular circumstances still require review. Florida Statutes § 790.01.
People carrying without a license under that provision remain subject to the location restrictions incorporated by section 790.013, along with its identification requirements. “Permitless” does not mean unrestricted. Florida Statutes § 790.013.
Open carry after McDaniels
On September 10, 2025, Florida's First District Court of Appeal held the general open-carry ban in section 790.053 unconstitutional. The court also explained that open carry is not immune from reasonable regulation. An open-carry allegation therefore requires examination of the decision, the precise charge, and other applicable restrictions. See McDaniels v. State, No. 1D2023-0533 (Fla. 1st DCA Sept. 10, 2025).
Reviewing the stop, search, and evidence
The discovery of a firearm does not end the analysis. We review the reason for the stop, the authority and scope of a search, any claimed consent, and the sequence captured in reports or recordings.
Useful material may include body-camera and dash-camera footage, dispatch records, search warrants, photographs, laboratory reports, and witness accounts. We compare those sources rather than relying on a single description of the encounter. A suppression issue depends on the facts and governing law; a motion does not guarantee exclusion of evidence or dismissal.
State charges, federal charges, and self-defense
Federal firearms allegations
Federal law has its own firearm-possession prohibitions. Certain convictions and qualifying court orders can raise federal issues that require analysis separate from Florida law. An arrest by local officers does not answer every question about potential federal exposure. ATF's federal prohibited-person guidance summarizes the categories in 18 U.S.C. § 922(g).
Tell us if federal agents, a federal subpoena, or a federal charging document are involved. Our Federal Firearms Offenses page explains the related defense issues.
Display, use, and self-defense
An allegation involving how a weapon was displayed or used raises different questions from a possession allegation. Florida's improper-exhibition statute expressly addresses necessary self-defense. The applicable defense must be evaluated against the exact offense and evidence. Florida Statutes § 790.10.
Our Self-Defense / Stand Your Ground page provides related guidance. Tell counsel about every charge so that a possible justification defense and any separate possession allegation can be assessed together.
Your criminal defense attorneys
Nicole N. Sanchez and Tyler K. Vaughn handle criminal defense matters for Sanchez Vaughn, Trial Lawyers. Both represent people facing criminal allegations in Tampa Bay.
Nicole N. Sanchez
Nicole is a former lead felony prosecutor and is Board Certified in Criminal Trial Law by The Florida Bar. She handles criminal defense matters and speaks Spanish.
Tyler K. Vaughn
Tyler handles criminal defense matters, including the review of allegations, evidence, and the decisions facing a client. He earned his law degree from Stetson University College of Law.
Questions before the first consultation
What if the firearm belonged to someone else?
Tell counsel who owned it, where it was located, and who could access it. Ownership alone does not resolve possession. The evidence of knowledge and control still needs review.
Does having a carry license resolve the charge?
Not necessarily. Counsel must identify whether the allegation concerns carrying, a prohibited location, possession restrictions, display, use, or another offense. Bring the license information together with the actual charging document.
Does a first offense mean the case will be dismissed?
No. A lack of prior convictions does not itself establish a defense or guarantee a particular resolution. We review the charge, evidence, eligibility for any available alternatives, and potential sentencing consequences before discussing options.
Can I contact the firm before an arrest?
Yes. If an investigator requests an interview or officers have seized property, tell us the agency involved, what paperwork you received, and any requested response date. You can seek advice before deciding how to respond to further requests.
Related criminal defense services
- Criminal defense overview: Explore the firm's state, federal, and related defense services.
- Felony defense: Learn about representation in serious state criminal cases.
- Battery & violent crimes: Review related issues when an incident also involves alleged threats or violence.
Discuss the next step in your case
Tell us the charge if known, the county, and the next court date or investigator deadline. Nicole N. Sanchez and Tyler K. Vaughn can review the situation and discuss whether the firm may be able to represent you.
Request a consultation · Call 813.582.5188 · Text 813.401.9918
Use the initial inquiry for basic information. Ask our team how to provide sensitive documents securely. An initial website message does not itself establish an attorney-client relationship.