Was not arrested or ticketed however firearm was confiscated

Phillip Nemeth

New Member
Okay this will be my third time typing this but I'm going to sum the story up I'm in Pasco county Florida I'm at my father's house which is located in a development that the minimum land is one acre per land in his is roughly 1.5 acres. I was advised by law enforcement anything over then an acre you can shoot into a berm which I was doing a neighbor claimed a round hit their house they didn't know where it came from and did not witness me or even point me out or blame me. So the officer was going door to door in the neighborhood and has asked several people before entering my property. When he entered my father's property the house is somewhat vacant as it's being renovated I am in the back of the house away from the view of the street in any way and there's a no trespassing private property sign posted on the tree right at the entrance of the driveway. The police officer disregarded the sign enter the property walked down the long driveway until he saw me around the back of the house in the pool. The picture with the backpack is my location at this time. He sees my rifle which is an AR-15 on the pool edge because I was calling off and relaxing before I went back home so I just rest it here before loading everything else up and heading home. He spotted it asked me today not touch it to exit at the pool which I did ask me if the firearm is mine I said yes and if it's loaded I said yes the safety is on but it is chambered so he cleared the round I made it safe handed me the magazine to hold and asked me if I was shooting I said yes about an hour ago only a few rounds cuz I was about to leave and I showed him the berm and he agrees with me there's no way this house could have been struck by even a ricochet. So they did find the round and we're able to retrieve it and for argument's sake I know for a million percent fact it's not mine I don't want to explain why but I know it's not so they kept my firearm which has a suppressor which is unregistered on it. I did not know the legal ramification of this until now which is why I'm very scared. I explained to the officer I ordered it online and I had no idea the legal procedures that were needed in Florida. He didn't seem too concerned said I think they're going to give me a ticket for that at a later time and I agreed if I wasn't aware of the law that's fine with me just let me know. So I didn't receive any tickets at the time any citations nothing no arrest no warnings even. They just confiscated my firearm and went on their way and let me go. My question is am I in fear of 10-year prison sentence from the ATF as I research online and that's what I could be facing for not knowing what I was doing. Or are they going to be forced to give it back to me since they entered the property illegally with no suspicion of me they didn't even know if somebody was here so they can't use the probable cause as there was no witness or anything saying it was me they didn't even know if I was here. I cooperated and didn't give him a hard time nothing so I don't mind surrending the item that's illegal because I wasn't aware but I would like my firearm back. What kind of situation am I looking at? Again for argument's sake the round that they found is not mine so when they discover for sure it is not my round that struck the house am I still in trouble for having them enter the property with the sign posted and or are they able to do whatever they want and just enter anyway and take my gun?
 

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1 - The officer did nothing wrong by entering the property to investigate a firearm discharge. So get off this kick about trespass because it wasn't.

2 - When the officer located you the weapon was in plain sight.

3 - While questioned you admitted that the suppressor was not licensed. Ignorance of the law is no excuse.

4 - Whether the admission can be used against you in court is something you should be discussing with a criminal defense attorney.

5 - Possessing an unregistered suppressor (silencer) is a federal crime. You can get an idea of the penalties by reviewing the following search results.

possessing an unregistered suppressor at DuckDuckGo

Your rifle is evidence of your crime. Don't count on getting it back any time soon.

Get yourself a criminal defense attorney now and see if you can get in front of this before the axe falls.
 
I appreciate the response does anyone know what the odds are as far as percentages of no record of any criminal history if I would be in prison or pay a fine? Just trying to figure out if I need to tell my family goodbye for a while. I'm so terrified by this I don't break laws and I never have and this wasn't intentional. Does anyone know by experience if the odds are getting off with a warning and possibly a fine? I honestly can't even afford a criminal attorney right now I have no means to do so I will when my house closes on Wednesday in 3 days. I'm in fear for my life that I'll be locked up before I even get to do that and can afford one. Please if anybody has any personal insight what I can do for now since I can't afford an attorney?
 
Nobody here can answer any of those questions. If you read the search results I posted you'll see that offenders got at least a year.

Consult an attorney as soon as you can afford one. If you get approached by law enforcement before then you say NOTHING except to demand a lawyer.

Watch this video to why talking can land you in prison.

DON'T TALK TO POLICE - Professor James Duane - YouTube

The main point of the video is that there is nothing you can say that will talk you out of being arrested. There is a great truth in "anything you say will be held against you in a court of law." Best to say nothing at all and keep repeating "I want an attorney."
 
Under the circumstances, I would suggest that a hefty fine is much more likely than any kind of prison term. If you are convicted of an offense, you may have to surrender any other firearms that you have.
 
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