Firearms and Weapons Violations – The Fernandez Law Group https://thefernandezlawgroup.com Tampa Injury Lawyers and Attorneys at Law Fri, 20 Mar 2026 20:07:19 +0000 en-US hourly 1 https://wordpress.org/?v=7.0.1 https://thefernandezlawgroup.com/wp/wp-content/uploads/2018/05/favicon.png Firearms and Weapons Violations – The Fernandez Law Group https://thefernandezlawgroup.com 32 32 TRAFFIC STOP LEADS TO FEDERAL TIME OF 15 TO LIFE https://thefernandezlawgroup.com/2026/03/19/traffic-stop-leads-to-federal-time/ Thu, 19 Mar 2026 20:05:41 +0000 https://thefernandezlawgroup.com/?p=34887 Traffic stop leads to federal time of 15 to life - FREE Consultations, 813-489-3222

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]]> TRAFFIC STOP LEADS TO FEDERAL TIME OF 15 TO LIFE
In Tampa, an everyday traffic stop has a local man staring at a mandatory 15‑year federal sentence and the possibility of life in prison.
Police tried to pull him over for a traffic violation; he took off, crashed, and officers then reported finding a loaded handgun and a large amount of marijuana. Because of his prior felony drug convictions, federal prosecutors are using the Armed Career Criminal Act (ACCA), which dramatically boosts the penalty for a felon caught with a firearm.  Because of this, a simple e-bike traffic stop leads to federal time.
For people in Tampa Bay who already have a record, this case shows how quickly a stop that starts with a minor violation can explode into a federal nightmare. Under ACCA, three qualifying prior drug or violent felonies can turn a gun case into a 15‑year minimum, with no guarantee the judge can go lower.
Old convictions that most people assume are “behind them” can suddenly be used to ratchet up the sentence when a gun and drugs are found after a stop, even on something as simple as an e‑bike.

For Tampa Drivers with Prior Felonies:

  • A minor traffic violation can be the gateway to a full search, especially if you flee or resist.
  • If officers find both a gun and drugs, federal prosecutors may step in and “adopt” the case.
  • With three qualifying prior drug or violent felonies, ACCA can force a 15‑year mandatory minimum on a felon‑in‑possession charge.
  • Those priors do not have to be recent, and they do not have to be federal convictions.
  • What you say—and whether you try to run—during the stop often becomes a key part of the evidence used against you.
  • Getting a defense lawyer involved early can be critical for challenging the stop, the search, or how your prior record is being used.

If you or someone you love has prior felonies and picked up a gun or drug case after a stop, especially in Hillsborough, Pinellas, or Pasco, talk to a defense attorney before you talk to anyone else. Federal enhancements like ACCA can turn what looks like a ‘simple’ case into 15‑to‑life overnight.

Fernandez Law Group offers aggressive and experienced Criminal Defense Attorneys to assist anyone in the full spectrum of their defense, whether they are charged with State or Federal crimes.
Federal cases are much more complex and require a great deal of knowledge and experience to successfully defend. Our criminal defense attorneys are all qualified to practice law in Federal Court.  Fewer than 10% of Florida lawyers have this ability. We cover all of Tampa Bay, Hillsborough County, Pinellas County and beyond.

For questions or concerns about traffic stops, federal time, the Armed Career Criminal Act (ACCA), or any other legal matter, we offer a free consultation and detailed case evaluation.
For questions or concerns about the armed career criminal act, how a traffic stop leads to federal time, or any other legal matter, we offer a free consultation and detailed case evaluation.

EXPERIENCE.  STANDARDS.  RESULTS.

With a combined legal experience of over 50 years in both State and Federal courts, the Tampa Lawyers at Fernandez Law Group are committed to providing quality service to clients while maintaining a high level of respect, integrity, and appreciation for each individuals’ legal needs.  If you have questions about the new Florida Supreme Court DUI ruling, or any other legal matter, we’re here to help.

Our Personal Injury Lawyers work aggressively seeking compensation for damages and have recovered millions of dollars in settlements.  

Our Criminal Defense Lawyers fight to protect the rights of our clients and have successfully litigated to reduce thousands of sentences and fines.  

We offer free initial consultations with detailed case reviews. 

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

Learn More: https://thefernandezlawgroup.com

traffic stop leads to federal time of 15 to life: 3/19/26

 

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]]> TRENTON’S LAW – WHAT YOU NEED TO KNOW EFFECTIVE 10/1/25 https://thefernandezlawgroup.com/2025/10/09/trentons-law/ Thu, 09 Oct 2025 17:43:17 +0000 https://thefernandezlawgroup.com/?p=34677 Trenton's Law - What you need to know effective 10/1/25

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]]> TRENTON’S LAW – WHAT YOU NEED TO KNOW EFFECTIVE 10/1/25

Florida’s Trenton’s Law (HB 687 / CS/SB 138) imposes substantially tougher penalties for DUI/BUI-related deaths and for refusing chemical testing — criminalizing some refusals that were civil infractions and increasing felony exposure for repeat offenders.

Quick summary of Trenton’s Law:



Trenton’s Law (Chapter No. 2025-121; House Bill 687 / Senate Bill 138) raises criminal penalties related to driving- and boating-under-the-influence cases. The law:

(1) increases penalties for repeat offenders convicted of DUI/BUI manslaughter, vehicular homicide, and vessel homicide;
(2) reclassifies first refusals to submit to lawful breath/urine testing in many situations as criminal misdemeanors; and
(3) authorizes diversion programs while tightening sentencing options for fatality cases.
Effective date: October 1, 2025. 
 

Key changes as a result of Trenton’s Law:
 

First refusal to submit to breath or urine testing can be charged criminally. 
Where previously a first refusal was often only a civil infraction (or treated administratively), Trenton’s Law makes a first refusal a second-degree misdemeanor in many cases (with a first-degree misdemeanor for certain subsequent or aggravated refusals).
Increased felony exposure for repeat offenders in fatal cases. 
If a person has a prior qualifying conviction (DUI manslaughter, BUI manslaughter, vehicular or vessel homicide), subsequent violations can be prosecuted as second-degree felonies (or greater), increasing prison exposure and reducing plea flexibility.
Alignment of penalties across similar fatality offenses. 
The law narrows a previously observed gap where DUI manslaughter carried harsher licensing/sentencing consequences than some vehicular homicide convictions — now penalties (including lifetime license consequences in certain cases) are more uniform.
State attorneys may establish diversion programs. 
The bill explicitly authorizes diversion options (for eligible defendants) while still creating stiffer criminal sanctions for the most dangerous repeats and refusals.

Who Trenton’s Law affects:
 

  • Drivers/boaters in Florida — anyone who drives or operates a vessel while impaired or who refuses chemical tests.
  • People with prior DUI/BUI or homicide convictions — the law raises the stakes for repeat offenders.
  • Accident victims & families — provides a legislative pathway for harsher punishment and, proponents argue, greater public safety.

Practical implications of Trenton’s Law:
 

Refusing a breath/urine test is riskier than before. 
A client/constituent who refuses testing now faces possible criminal charges (misdemeanor) even on a first refusal — making pre-arrest test refusals a far more consequential choice. Many defense attorneys previously advised refusing in certain contexts; that calculus changes.
Repeat offenders face dramatically higher penalties. 
For defendants with qualifying prior convictions, repeat incidents that cause death will carry far higher felony exposure and could mean longer prison sentences and more severe collateral consequences (license suspension, enhanced sentencing).


Law enforcement and prosecution strategies will change. 
Officers may place greater emphasis on securing chemical tests, documenting refusals thoroughly, and prosecutors may be more inclined to seek enhanced charges for defendants with priors.

Legal rights & defense considerations as a result of Trenton’s Law:
 

Fourth Amendment & probable cause issues remain relevant. 
Trenton’s Law changes penalties but does not eliminate constitutional protections.  Challenges based on stop legality, probable cause for arrest, Miranda, search/seizure, and test administration remain critical defenses in many cases.
Refusal advisals and Miranda-adjacent warnings matter more. 
How and when an officer tells a suspected impaired driver about consequences for refusal — and how they collect or attempt to collect samples — will be heavily scrutinized in future cases. Defense counsel should focus on whether statutory advisals were properly given and whether the refusal classification fits the statute’s elements.
Diversion programs may be an alternate path for eligible clients.  
The statute authorizes state attorneys to create such programs; successful navigation of diversion can avoid harsher sentencing while addressing substance misuse issues.

Criminal penalties and what to expect as a result of Trenton’s Law:


First refusal to submit to a lawful breath/urine test: second-degree misdemeanor (possible jail, fines, and criminal record).
Second refusal / aggravated refusals: can be escalated to a first-degree misdemeanor under certain statutory circumstances.
Repeat offenders (with prior DUI manslaughter/BUI manslaughter/vehicular or vessel homicide): subsequent violations may be prosecuted as second-degree felonies (and sentencing exposure increases).
(Note: exact sentencing ranges, minimums, and license consequences vary by offense and prior record — see the bill text and current statute sections for precise language.)

Consequences, intended benefits and policy rationale:
 

Proponents’ view: The law closes perceived loopholes that allowed dangerous repeat offenders to avoid severe criminal consequences, and it aims to deter impaired driving and save lives — especially after high-profile fatal crashes that motivated the bill’s naming and support.
Potential concerns / criticisms: Defense groups and some defense attorneys warn the law may criminalize everyday choices in ways that could result in plea pressure, over-charging, or unintended consequences where tests are refused for legal or medical reasons. Constitutional and proportionality challenges may be raised in court.

If stopped for suspected DUI: 

Be aware: refusing a chemical test now carries real criminal risk. Know your county’s practice and consult counsel promptly.
Preserve all evidence and challenge procedure: if a test is administered, ensure chain of custody, proper advisals, and testing protocol were followed. Any deviation may be defensible.
If you have prior DUI/BUI convictions: be aware that future incidents can bring significantly larger criminal exposure. Consider proactive legal counsel and substance-use remediation programs.
Explore diversion options where available: these can limit exposure and provide treatment options, and the law expressly authorizes them.
This newsletter summarizes Trenton’s Law and initial reporting and is intended for informational purposes only.  It is not legal advice for any individual case. For case-specific counsel, consult with one of our Tampa Lawyers today.
Our Tampa Lawyers are very experienced and fully prepared to litigate aggressively on behalf of our clients. There are no up front fees or costs unless we win and our consultations are always free. Reach us by phone, email, or our quick contact form. And if you’re still unsure, have a look at the reviews we receive.

EXPERIENCE.  STANDARDS.  RESULTS.

With a combined legal experience of over 50 years in both State and Federal courts, the Tampa Lawyers at Fernandez Law Group are committed to providing quality service to clients while maintaining a high level of respect, integrity, and appreciation for each individuals’ legal needs.  If you have questions about open carry, guns, or any firearms violations, we’re here to help.

Our Personal Injury Lawyers work aggressively seeking compensation for damages and have recovered millions of dollars in settlements.  

Our Criminal Defense Lawyers fight to protect the rights of our clients and have successfully litigated to reduce thousands of sentences and fines.  

We offer free initial consultations with detailed case reviews. 

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

Learn More:  https://thefernandezlawgroup.com/criminal-defense-lawyers/

NEWSLETTER: TRENTON’S LAW – WHAT YOU NEED TO KNOW EFFECTIVE 10/1/25 – 10/9/25

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]]> OPEN CARRY CHARGES DROPPED IN HILLSBOROUGH COUNTY https://thefernandezlawgroup.com/2025/10/02/open-carry-charges-dropped/ Thu, 02 Oct 2025 18:30:28 +0000 https://thefernandezlawgroup.com/?p=34659 Open Carry Charges Dropped in Hillsborough County - What it means for legal gun owners

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]]> open carry charges dropped in hillsborough county: what it means for legal gun owners

In a major turn of events, the Hillsborough State Attorney’s Office has dropped several pending cases where people were charged with openly carrying a firearm.

This decision comes right on the heels of a Florida appeals court ruling in September 2025 struck down the state’s long-standing open carry ban as unconstitutional.

The State Attorney’s Office of the 13th Judicial Circuit confirmed they dismissed pending cases related to open display of firearms after the ruling took effect, though such cases were rare to begin with.

For years, Florida law made it a crime to carry a firearm openly in public, except in very limited situations. But the First District Court of Appeal recently said that ban violated the Second Amendment.

Soon after, the Florida Attorney General called open carry the “law of the state.” Local prosecutors, including right here in Hillsborough County, are now moving quickly to dismiss charges that can’t stand under the new ruling.

What This Means for Pending and Future Cases 

  • Pending cases may disappear. If you or someone you know is facing charges for open carry in Tampa or Hillsborough, this ruling is a game changer.  Prosecutors are already dismissing cases, and many more will be thrown out as defense lawyers file motions.
  • Defense lawyers now have stronger tools. Skilled attorneys are filing motions to dismiss, motions to suppress, and even petitions to wipe out past convictions. Every case is different, but this ruling opens the door to arguments that didn’t exist just weeks ago.
  • Enforcement may still be uneven. Even with the appellate court ruling, not every county will respond the same way. Some law enforcement agencies may continue to make arrests until the Florida Supreme Court or Legislature provides final clarity. That means there’s still risk, and it’s critical to have a lawyer who knows how to respond.
  • Restrictions still apply. Open carry doesn’t mean you can carry anywhere. Schools, courthouses, airports, and other sensitive areas remain off-limits. Violating those rules can still result in serious charges.

How a Firearms Defense Lawyer Can Help

The Second Amendment protects the rights of law-abiding citizens, but those rights are only as strong as the defense you have in court. A dedicated firearms defense lawyer can:
  • Challenge your charges immediately. Filing motions to dismiss based on the new court ruling can end a case before it even goes to trial.
  • Protect your record. If you’ve already been convicted, your lawyer may be able to seek post-conviction relief or appeals to clear your name.
  • Preserve evidence. From body-cam video to witness statements, critical evidence can disappear quickly. A lawyer makes sure it’s protected.
  • Guide you through the law. With rules still evolving, it’s important to know where you can and cannot carry — and how to avoid unnecessary confrontations with law enforcement.
  • Stand up for your rights. Beyond individual cases, defense lawyers play a vital role in keeping the Second Amendment strong for all Floridians.

What to Do if You’ve Been Charged

  • Call a firearm defense attorney right away. Timing is everything in these cases.
  • Don’t talk about your case online. Social media can and will be used against you.
  • Gather your evidence. Receipts, photos, videos, witnesses — anything that shows what really happened.
  • Ask about past convictions. If you were convicted under the old law, there may now be a path to clear your record.
Looking Ahead

This fight isn’t over. The Florida Supreme Court could still weigh in, and the Legislature may try to rewrite parts of the law. But for now, Hillsborough prosecutors are following the appellate ruling, and that means a lot of charges are being dropped.

If you’re a responsible gun owner facing open carry charges — or if you’ve been convicted in the past — you don’t have to defend yourself alone. The right gun rights lawyer can protect your freedom, your record, and your constitutional rights.

Need Help?
 

If you or someone you know or love is facing open carry or firearms charges in the Tampa Bay area or Hillsborough County, call us today for a free and detailed confidential case review. We’ll fight to protect the rights of all Floridians and work aggressively to get charges reduced or dismissed.

If someone is charged with any type of gun, firearm or weapons violation, they need to act immediately in order to preserve every possible opportunity for a stronger defense.

Our FREE consultation will help anyone gain a better understanding of what charges they’re facing and the potential consequences.  We can begin helping  right away.

OUR GUN, FIREARM AND WEAPONS VIOLATION DEFENSE LAWYERS ARE EXPERIENCED, DEDICATED AND AGGRESSIVE.

The consequences can be very serious if there is a conviction.

Our gun, firearm and weapons violation defense lawyers can help defend against these types of charges and have specific experience with Florida gun crimes. We are also qualified to practice in federal courts and have experience as former prosecutors.

At Fernandez Law Group, our team of gun lawyers work diligently at scrutinizing over every single last detail in every case in order to find any flaws or errors in the police procedure.

These errors can lead to reduction in charges, fines, and sentencing. In some cases, we’ve even had cases that were completely dismissed. We will pay very close attention to your case and review it with you on a continual basis.

EXPERIENCE.  STANDARDS.  RESULTS.

With a combined legal experience of over 50 years in both State and Federal courts, the Tampa Lawyers at Fernandez Law Group are committed to providing quality service to clients while maintaining a high level of respect, integrity, and appreciation for each individuals’ legal needs.  If you have questions about open carry, guns, or any firearms violations, we’re here to help.

Our Personal Injury Lawyers work aggressively seeking compensation for damages and have recovered millions of dollars in settlements.  

Our Criminal Defense Lawyers fight to protect the rights of our clients and have successfully litigated to reduce thousands of sentences and fines.  

We offer free initial consultations with detailed case reviews. 

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

Learn More:  https://thefernandezlawgroup.com/criminal-defense-lawyers/

NEWSLETTER: OPEN CARRY CHARGES DROPPED IN HILLSBOROUGH COUNTY – WHAT IT MEANS FOR LEGAL GUN OWNERS – 10/2/25

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]]> PERMITLESS CARRY LAW PENDING CASES https://thefernandezlawgroup.com/2023/05/25/permitless-carry-law/ Thu, 25 May 2023 19:20:36 +0000 https://thefernandezlawgroup.com/?p=33819 Florida prosecutors continue with pending cases despite permitless carry law.

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FLORIDA PROSECUTORS CONTINUE WITH PENDING CASES DESPITE PERMITLESS CARRY LAW

Many state attorney’s offices across Florida are still prosecuting those arrested for carrying concealed weapons and say they plan to continue doing so until July 1st, when the law takes effect.

Gov. Ron DeSantis signed the permitless carry bill on April 3rd and called it “constitutional carry” legislation.  The bill allows non-felons and those over 21 years of age to carry concealed firearms without permits, and eliminates a previous requirement for background checks and gun safety courses.

However, hundreds of arrestees and defendants were left in a gray area as the new law did not include any retroactive provisions about pending cases.

While many people are currently accused of committing a crime that will soon no longer exist, the stakes are high.  If convicted, those who would soon be able to legally carry without permits could be labeled as felons.  With a conviction, they could also be labeled as felons, losing their right to possess firearms and greatly limiting their housing and job options – especially for occupations that require licenses.

The Orlando Sentinel made a request for comment and reported that a half-dozen state attorney’s offices had responded that they are going to continue prosecuting pending concealed carry cases against non-felons and those over the age of 21.  Those same people would largely be protected by the permitless carry law when it takes effect on July 1st.

At the end of April, Orange County currently had 775 concealed carry cases pending, and 104 were currently pending in Osceola County.

Some people accused of illegally carrying concealed firearms will have opportunities to go through pretrial diversion and have their cases dropped when eligible, depending on their criminal history.

Effective July 1, 2023, Florida law now allows qualified individuals to carry a concealed handgun without a permit.

This means that individuals who meet the permitless carry law criteria for carrying a concealed weapon, such as being a U.S. citizen or permanent resident, at least 21 years old, and without a disqualifying felony conviction, can carry a concealed firearm without a permit. However, open carry remains prohibited except under specific circumstances like fishing or hunting. 

If you’ve been charged with any type of gun, firearm or weapons violation, you need to act immediately in order to preserve every possible opportunity for a stronger defense.

Take advantage of our FREE consultation so you can gain a better understanding of what charges you’re facing and the potential consequences, and we can begin helping you right away.

OUR GUN, FIREARM AND WEAPONS VIOLATION DEFENSE LAWYERS ARE EXPERIENCED, DEDICATED AND AGGRESSIVE.

If you someone you know is facing gun charges, the consequences can be very serious if there is a conviction. Our gun, firearm and weapons violation defense lawyers can help defend against these types of charges and have specific experience with Florida gun crimes. We are also qualified to practice in federal courts and have experience as former prosecutors.

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

Learn More:  https://thefernandezlawgroup.com/criminal-defense/gun-firearm-and-weapons-violation-defense-lawyers/

NEWSLETTER: FLORIDA PROSECUTORS CONTINUE PROSECUTING CASES DESPITE PERMITLESS CARRY LAW – 5/25/23

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]]> VIOLENT CRIMES WITH WEAPONS CARRY 10 YEAR TO 20 YEAR TO LIFE PENALTIES IN FLORIDA https://thefernandezlawgroup.com/2022/05/17/violent-crimes-with-weapons-carry-10-year-to-20-year-to-life-penalties-in-florida/ Tue, 17 May 2022 18:18:24 +0000 https://thefernandezlawgroup.com/?p=33385 Without question, no matter what law firm or attorney represents you, certain violent crimes committed with a gun, firearm or weapon in Florida will lead to mandatory minimums that you will not be able to avoid.

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]]> VIOLENT CRIMES WITH WEAPONS CARRY 10 YEAR TO 20 YEAR TO LIFE PENALTIES IN FLORIDA

Without question, no matter what law firm or attorney represents you, certain violent crimes committed with a gun, firearm or weapon in Florida will lead to mandatory minimums that you will not be able to avoid. Incarceration will be served in a Florida state prison and you will be segregated with other violent and dangerous offenders.

Florida courts used to have an option where a judge could use discretion in whether or not to impose a lighter sentence. However, in order to cut down on violent crime and repeat, habitual offenders, that is no longer an option. If you are convicted on charges for a violent crime involving a firearm, it will result in a mandatory minimum sentence.

10 YEAR MANDATORY MINIMUM

Possession of a gun, firearm or weapon in the commission of a crime (even if the weapon was not discharged)

10 YEAR MANDATORY MINIMUM

Discharge of a gun, firearm or weapon during the commission of a crime

LIFE IN PRISON

When the discharge of a gun, firearm or weapon during the commission of any crime causes injury to a victim, a mandatory life sentence will be imposed.

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

Gun, Firearm and Weapons Violation Defense Lawyers

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