Firearms Lawyer Mike Mackhanlall
Attorney Michael Mackhanlall, Esq., is highly experienced in criminal defense cases involving firearms, and unlawful seizures or firearms and ammunition by police departments and other government entities. Attorney Michael Mackhanlall, Esq., has been successful numerous times in recovering firearms and ammunition from government entities. He has also contributed to lobbying efforts in Tallahassee, FL to un-restrict Florida citizen’s rights to bear arms.
Most people commonly know that you cannot carry and possess a firearm if you are a convicted felon. What many people do not know is that in Florida you can lose your constitutional rights to bear arms for much lesser criminal offenses, and even some civil legal issues!
Domestic Violence Cases/Injunctions
If you have been convicted of a domestic violence related charge in Florida including battery, or stalking, even though they are misdemeanor offenses, then you cannot carry firearms as a result of your conviction. That is why it is imperative to hire Mike to defend your case because not only is your freedom on the line but also your gun rights.
Additionally, if you have an active injunction against you, even temporarily, you are required to surrender your firearms and ammunition to the police department. Currently, in Florida there is no mechanism in which a law enforcement agency can check to see if you surrendered your firearms because it is unconstitutional for the government to maintain a firearm registry in Florida. In fact, it is a FELONY for anyone to maintain a gun registry of legally owned firearms or law abiding firearm owners and making it public. But that does not mean you should not surrender your firearms or ammunition. If you do not do so you can be charged with violation of injunction, which is a first degree misdemeanor. Conviction of this charge will not disqualify you from bearing arms as long as the injunction is not active or was dismissed at final hearing.
If a temporary injunction is granted against you, then you have the right to return hearing which will be set automatically. At this return hearing you will be able to appear with your attorney to get the injunction dismissed where you can present evidence and engage in cross examination. If the injunction is entered against you at this hearing, then you cannot possess or carry firearms or ammunition.
Criminal Charges can Suspend Your Concealed Weapons Permit
If you hold a concealed weapons permit and are arrested for any crime, it is very likely that the Department of Agriculture will suspend your license. You will receive notice in the mail and have certain deadlines to respond. I have been successful many times in representing you in this proceedings and showing the Department that only certain charges can validly suspend your license. Many times the Department will not research whether the offense qualifies to suspend your license and automatically will send out the suspension.
Unlawful Firearm Seizures
Many times when police investigate an incident of any kind and firearms are present the police will seize it and hold it as “safe keeping” even though it has no connection to criminal conduct. They do this because many people do not know their rights and do not know the law in receiving their property/firearms back. In that case after a period of time, the police will simply auction off your firearm to the highest bidder. In the case of long guns, the police have been known to simply put your seized firearm into service at their department. If you do not take action you can lose your firearms.
Contact Mike today for your initial Free Consultation for your firearm case. I am well versed in this area of law and have been passionate on this issue. Call Today 407-926-6613