Articles Posted in Firearm

Facing a weapons or firearms charge in Tampa? Board Certified Expert W.F. Casey Ebsary Jr. explains why jury instructions decide your trial. As a Board Certified Criminal Trial Lawyer in Tampa, I understand that facing a Florida weapons charge can completely disrupt your life. However, it is vital to remember that police reports do not…

What is Constructive Possession of a Weapon? In this sample case, the guy was charged with illegal possession of a firearm.

If you’ve recently seen a viral YouTube or social media video claiming that the Supreme Court of the United States issued a unanimous 9–0 ruling dramatically expanding gun rights, you are not alone. These clips are spreading rapidly across platforms like YouTube Shorts, TikTok, and Facebook, often framed as urgent legal updates that supposedly change what you can legally do with a firearm overnight.

Here’s the problem: this video is fake or, at best, dangerously misleading.

As a Florida Board-Certified Criminal Trial Lawyer, I can tell you plainly—relying on viral legal advice like this can get you arrested, charged, and convicted. Let’s break down what the video claims, why it’s wrong, and what the real law actually says.

11th Circuit Court of Appeals had to analyze in United States v. Joan Manuel Estadella, No. 23-11061, decided February 20, 2026. This case, primarily remembered for clarifying the Fourth Amendment rule regarding “common authority” consent when a violent occupant forces a co-resident to flee, also offers a fascinating, almost surreal, case study on Federal Rule of Evidence 403.

The intersection of Florida medical marijuana laws and federal firearm prohibitions has created one of the most important constitutional battles of our time. Thousands of Floridians hold valid medical marijuana cards under Article X, Section 29 of the Florida Constitution and Chapter 381, Florida Statutes, allowing them to treat chronic conditions lawfully under state law. Yet, under federal law, these same patients are labeled as “unlawful users of a controlled substance” and face a complete ban on firearm possession under 18 U.S.C. § 922(d)(3) and (g)(3).

“unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been . . . Convicted of a felony” Felon…