Accused Of A Gun Violation? Aiken & O’Halloran Can Help.
Last updated on May 15, 2026
Our Fort Myers criminal defense attorneys have handled all types of gun crime cases in federal and state courts. As longtime hunters and shooting enthusiasts, attorneys Peter Aiken and Sean O’Halloran understand the importance of the Second Amendment and the constitutional right to bear arms. Attorneys Aiken and O’Halloran are strong proponents of Florida’s Stand Your Ground law and have litigated criminal cases where self-defense has been raised on behalf of falsely accused defendants.
If you have been charged with carrying a concealed firearm in Lee County, you may have a valid defense. You may have been the victim of an unlawful search or illegal stop. You may not have been correctly advised of your rights, including your right to refuse a search of your home or vehicle. You may not have been advised of your right to remain silent before making a statement or admission.
For a free consultation, call our gun crime defense attorneys at 239-955-6715 or complete our contact form. We represent clients throughout the Fort Myers area.
Decades Of Experience Defending Against Gun Crime Charges
Our attorneys have over 50 combined years of experience in criminal cases involving federal weapons violations, including cases involving silencers and other Class III weapons. We defend people accused of making straw purchases or lying on ATF gun purchase forms. We also defend people charged with possession of a firearm by a convicted felon in both state court and the Southern District of Florida in federal court. We regularly litigate against the harsh federal sentencing guidelines and aggressively defend gun cases involving mandatory minimum sentences in state court. We often defend cases involving allegations of road rage in which a gun has been pointed or displayed. We know how devastating the “10-20-Life” sentencing rule can be in Florida.
Did you know that if you are convicted of domestic violence, the conviction affects your right to buy, own or carry a gun? Did you know that if you are placed on probation for even a misdemeanor offense, you cannot possess a firearm while on probation? Know your rights!
Put Our Experience On Your Side
Having an experienced criminal defense lawyer on your side is the first step in staying out of jail. Peter Aiken is a former federal agent and federal prosecutor. Sean O’Halloran is a former state prosecutor in Charlotte and Lee counties. Our team understands gun crime charges from both sides, and we use that knowledge to mount strategic and effective defenses for our clients.
We defend against charges of aggravated assault or aggravated battery, murder, shooting into a dwelling, carrying a concealed weapon, altering a serial number, possession of a firearm by a convicted felon, possession of a destructive device, hate crime, short barreled shotgun, and other firearm charges.
Florida’s Permitless Carry Nuances In 2026
Florida’s permitless carry law, which was shaped by HB 321 and updated for 2026, still confuses many in the Fort Myers area. While a concealed carry license is no longer required, the law strictly preserves “gun-free zones” where carrying a firearm remains a criminal offense.
Prohibited locations include the following:
- The secure areas of the Lee County Justice Center
- Polling places during elections
- Any establishment primarily serving alcohol, such as bars
- School campuses and school-sponsored events
- The secure zones of Southwest Florida International Airport (RSW)
Violating these restrictions can lead to immediate arrest and serious charges. Aiken & O’Halloran helps clients quickly assess whether an arrest involved a restricted location and builds a defense based on statutory exceptions or misapplication of the law.
Actual Physical Control And Firearms In Vehicles
In Lee County, many firearm arrests stem from routine traffic stops where a weapon is discovered inside a vehicle. The key legal issue is often whether the individual had actual physical control or constructive possession. This difference determines whether the state can secure a conviction.
When a firearm is found in a shared vehicle, prosecutors must prove dominion and control. This means showing the accused knew the firearm was present and could access it. In many cases, especially when a vehicle had multiple occupants, this becomes a weak point for the state. Several factors are evaluated:
- Where the firearm was located inside the vehicle
- Whether it was in plain view or concealed
- Ownership or control of the vehicle
- Statements made during the stop
We focus on challenging assumptions about knowledge and access, especially in arrests made by the Lee County Sheriff’s Office, where evidence may not clearly establish possession.
Restoration Of Civil And Firearm Rights
After an arrest, a common concern is how to regain the right to own a gun. The process involves petitioning the Florida Board of Executive Clemency, which reviews applications on a case-by-case basis.
Legal counsel helps prepare a persuasive petition. Aiken & O’Halloran uses a former prosecutor’s perspective to anticipate objections and present a strong case for restoration. This approach increases the chances of a favorable outcome when seeking to regain civil and firearm rights.
The 10-20-Life Mandatory Minimums
Florida’s 10-20-Life statute imposes strict mandatory sentences for firearm-related offenses. Judges have no discretion to reduce these penalties, even in mitigating circumstances.
Avoiding these outcomes depends on early legal action. Filing motions to suppress evidence, particularly challenging the legality of a stop or search, can be decisive. We focus on these early interventions to prevent mandatory prison terms.
Contact Aiken & O’Halloran For A Free Consultation
For a free consultation, please call us at 239-955-6715 or complete our contact form. The criminal defense lawyers at Aiken & O’Halloran represent clients throughout Fort Myers and the surrounding areas.