Virginia Beach Man Pleads Guilty to Possessing Firearms, Silencers and Explosives

NORFOLK, Va. – A Virginia Beach man pleaded guilty today in federal court to possessing unregistered silencers and explosives while being an unlawful drug user.

According to court documents, on July 14, 2022, Daniel Burky, 33, was being evicted from an apartment in Virginia Beach when law enforcement discovered explosives, silencers, firearms, and drugs in the apartment. During the search, law enforcement found, among other firearms, an AK-47 style firearm. Additional items found in the apartment include boxes of firearm suppressors, a ballistic helmet, a ballistic vest, a gas mask, and multiple rifle magazines. The Virginia Beach Fire Department, Fire Marshal, and Bomb Squad were called to the scene. Located throughout the apartment were chemicals that, when combined, become homemade explosives that are known to be extremely unstable and hazardous.

A subsequent review of the seized electronic devices showed numerous videos of Burky shooting both handguns and rifles outfitted with the silencers. Burky did not possess, and has never possessed, either a Federal Explosives License (FEL) or a Federal Firearms License (FFL).

Burky also pleaded guilty and was sentenced for drug and firearms charges in the Virginia Beach Circuit Court this past summer.

Burky is scheduled to be sentenced on April 11, 2024. He faces a maximum penalty of 20 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Jason Miyares, Attorney General of the Commonwealth of Virginia; Colin Stolle, Virginia Beach Commonwealth Attorney; Craig Kailimai, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives Washington Field Division; and Paul Neudigate, Chief of Virginia Beach Police, made the announcement after U.S. Magistrate Judge Doulas E. Miller accepted the plea.

Significant assistance was provided by the Virginia Beach Fire Department and Fire Marshals and the Virginia Beach Sheriff’s Office.

Assistant U.S. Attorney Kevin M. Comstock and Special Assistant U.S. Attorney Marc W. West are prosecuting the case.

The Office of the Attorney General prosecuted the case in conjunction with the U.S. Attorney’s Office.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:23-cr-116.