What Happens if I Am Arrested for Weapons Trafficking in Florida?

 Posted on June 30, 2025 in Gun & Weapons Crimes

Illegally selling, transferring, or having in your possession guns or other weapons could be considered weapons trafficking in Florida and is serious business. Law enforcement agencies at the state and federal levels aggressively prosecute gun trafficking offenses, and convictions often carry long prison terms and permanent criminal records.

If you have been arrested, your first step should be to contact an experienced Miami, FL weapons trafficking defense attorney who understands Florida’s weapons laws and federal firearm regulations – and who is not afraid to fight aggressively for your freedom.

Understanding Your Rights if Arrested for Weapons Trafficking in Florida

Prosecutors charge people with gun crimes when someone is accused of illegally selling, delivering, or transporting firearms. This includes unlicensed gun sales, moving guns across state lines without authorization, and the movement of large quantities of firearms. Arrests often happen after undercover operations, informant tips, and federal investigations.

When you are arrested, you have constitutional rights that protect you, starting with the right to remain silent and the right to have a lawyer. Additionally, under Florida Statute § 790.08(1)(a), police officers must follow specific rules when dealing with weapons offenses. The law gives requirements for safe storage and the handling of guns during an arrest. If officers violate procedure, any evidence they get may be suppressed, meaning they could not use it in a case against you.

Violations of § 790.065 are commonly tied to trafficking charges. The law governs background checks for firearm sales, and a violation would look like selling firearms without proper checks or licensing. If the prosecution cannot prove that a sale violated this statute, it could significantly weaken their case.

Building a Strong Defense for a Weapons Trafficking Charge

Every weapons trafficking case is unique, and a strong defense depends on the facts. One of the first things your attorney will look at is whether law enforcement had probable cause for your arrest or if there was an illegal search and seizure. If your rights under the Fourth Amendment were violated, prosecutors may not be able to use any evidence they found.

Other possible defenses include:

• Lack of knowledge: You did not know that firearms were being transported or sold illegally.

• Entrapment: Law enforcement persuaded you to commit a crime you otherwise would not have committed.

• Mistaken identity: You were not the person involved in the alleged trafficking.

• Improper chain of custody: The weapons in question were not handled properly by authorities and may not be admissible.

Additionally, you may be facing federal charges under laws like the Gun Control Act of 1968, which prohibits selling firearms across state lines without a license. Many weapons trafficking arrests in Florida result in joint prosecutions by the state and federal governments. Your attorney may negotiate with prosecutors for a reduced charge or favorable plea deal, especially if this is your first offense or there are weaknesses in the case.

Contact a Miami-Dade County, FL Gun Crimes Defense Attorney Today

If you have been arrested for weapons trafficking, you need an experienced legal advocate on your side. A Miami, FL gun crime defense lawyer at The Hoffman Firm will look at the circumstances of your arrest, protect your rights, and develop a tailored defense strategy. We offer strategic legal representation based on years of experience, and we will travel to you if necessary. Call 305-249-0090 now to schedule a free, confidential consultation today.