Weapons Offences.

Being charged with a weapons offence, particularly the use of a weapon, can have serious consequences, including actual time in custody.

If you are being investigated or have been charged with a weapons related offence, book a free confidential case appraisal with one of our lawyers in Brisbane today.

QUEENSLAND WEAPONS LICENSING:

Licensed holders can face penalties for carrying or discharging weapons in public without excuse,

In Queensland, under the Weapons Act 1990, possessing a weapon without a proper licence is illegal, with penalties varying by weapon category and quantity.

The Queensland Police Weapons Licensing branch manages licences under Part 2 of the Act. Licensed holders can face penalties for carrying or discharging weapons in public without excuse, failing to secure weapons, or possessing them while intoxicated.

FIREARMS LICENSES:

A firearms licence allows a person to possess various classes of firearms in Queensland.

In addition to undertaking appropriate training and background vetting, a person must provide sufficient evidence to justify their need for these firearms. Other conditions may be imposed depending on the class of license being sought.

INVESTIGATING A FIREARMS OFFENCE:

It is an offence to fail to provide a name and address.

POLICE POWERS AND RESPONSIBILITIES ACT 2000:

If you are suspected of committing a firearm offence, Police can:

require your name and address, and the name and address of any person with you. They may require proof of your identity. It is an offence to fail to provide a name and address or to give a false name and address,
require you to produce any issued weapons licence,
stop, detain and search you, your vehicle or premises that they suspect may conceal a firearm, ammunition or dangerous article that is subject to seizure,
arrest you without warrant, and any other person suspected of committing an offence if they believe it is necessary to obtain or preserve evidence, and preserve the safety or welfare of any other person.

If a person is threatening to use a firearm or other dangerous articles in a way that may cause death or injury, Police can, without a warrant:

enter any premises,
detain any person there until it is established whether an offence has been committed,
search the premises and persons found on the premises,
seize any firearms, dangerous articles or ammunition.

WHAT IF I'M CHARGED WITH A WEAPONS OFFENCE?

Seek legal advice before attending any interview with police.

If you have been arrested, you may be asked to give an interview to tell your side of the story. You should speak to a lawyer first and do not talk about the allegations without your lawyer present.

You should not make any statement or comments, even "off the record" or in general conversation with police. The job of police is to collect evidence against you, not to "just clear things up".

WEAPONS SEARCH WARRANT:

During a weapons search warrant in Queensland, police can search a person, their vehicle, or residence, and seize weapons and other property that is evidence of a related crime. The warrant outlines the scope of the search and the items police can look for.

If you are present during the search, you are required to co-operate and may be asked to give your property, including mobile phone, to the police, which will be returned if you are released.

You should seek legal advice about the search if you have any questions about your rights, or if you are arrested.

WEAPONS CATEGORIES

The object of the Weapons Act is to prevent the misuse of weapons.

Category A

Rimfire rifles, single or double barrel shotguns, paintball guns, air rifles, and powerheads.

Category B

Centre-fire rifles (other than semi-automatic), shotgun/rifle combinations. Lever action shotguns with a magazine capacity of no more than five rounds.

Category C

Semi-automatic or pump action shotguns (<6 rounds) and semi-automatic rimfire rifles (<11 rounds).

Category D

Semi-automatic centre-fire rifles, semi-automatic shotguns (>5 rounds) and semi-automatic rimfire rifles (>10 rounds). Lever action shotguns with a magazine capacity of more than five rounds.

Category E

Bulletproof vests / Body Armour designed to prevent the penetration of small arms projectiles

Category H

Handguns, including air pistol. Regardless of whether it has been rendered permanently inoperable.

Category M

Crossbows, certain knives and other hand held items capable of causing bodily harm. Includes clothing or accessories (buckle blades, walking stick swords) designed to disguise a weapon.

Category R

Machine guns, fully automatic large calibre military weapons.

Restricted Items

Non-mechanised devices like handcuffs or nunchaku. Laser pointers, clubs, batons.

WEAPONS OFFENCE PENALTIES:

FREE CASE APPRAISAL

This section provides general information about the penalties for many, but not all Queensland weapons offences. You should contact our weapons offence lawyers in Brisbane for a free consultation specific to your situation.

The following information is summarised from the Queensland Weapons Act and other legal materials current at the time of writing and may be incomplete. It is general in nature and not intended to be taken as individual advice. Information is being added to over time.

Possession of Weapons - s.50

Less than 10 weapons:

Category A/B/M Weapon

Magistrates Court
Maximum 2 years imprisonment or 100 penalty units
If used to commit an indictable offence: Minimum 9 months in custody
If possessed for purpose of committing indictable offence: Minimum 6 months in custody

Category C/E Weapon

Magistrates Court on prosecution election, otherwise District Court.

Maximum 4 years imprisonment or 200 penalty units
If used to commit an indictable offence: Minimum 18 months in custody

If possessed for purpose of committing indictable offence: Minimum 12 months in custody
If the weapon is shortened and possessed in public place: Minimum 12 months in custody

Category D/H/R Weapon

Magistrates Court on prosecution election, otherwise District Court.

Maximum 7 years imprisonment or 300 penalty units
If used to commit an indictable offence: Minimum 18 months in custody

If possessed for purpose of committing indictable offence: Minimum 12 months in custody
If the weapon is shortened and possessed in public place: Minimum 12 months in custody

10 or more weapons generally

Magistrates Court on prosecution election, otherwise District Court.

Maximum 10 years imprisonment or 500 penalty units
If used to commit an indictable offence: Minimum 18 months in custody

If possessed for purpose of committing indictable offence: Minimum 12 months in custody
If the weapon is shortened and possessed in public place: Minimum 12 months in custody

10 or more weapons, at least 5 being category D/E/H/R

District Court.

Maximum 13 years imprisonment.
If used to commit an indictable offence: Minimum 18 months in custody

If possessed for purpose of committing indictable offence: Minimum 12 months in custody
If the weapon is shortened and possessed in public place: Minimum 12 months in custody

Possession of unregistered firearms - s.50A

Maximum Penalty: 120 Penalty Units
Court: Magistrates Court

Possession or use of a weapon under the influence - s.59

Maximum Penalty: 40 penalty units
Court: Magistrates Court

Possessing a Knife in public place or school - s.51

Maximum Penalty: 1 year imprisonment or 40 penalty units
Court: Magistrates Court

Particular conduct involving weapons in public place - s.57

Carry weapon exposed to view

6 months imprisonment or 40 penalty units
Magistrates Court

Carry loaded firearm capable of being discharged

2 years imprisonment or 120 penalty units
Magistrates Court

Discharge weapon into, towards, over, through public place

4 years imprisonment or 200 penalty units
Magistrates Court on prosecution election, otherwise District Court.

Unlawful Supply of Weapons - s.50B

Less than 5 weapons:

Category A/B/M Weapon

Magistrates Court on prosecution election, otherwise and if organised crime alleged, the District Court
Maximum 4 years imprisonment or 200 penalty units

Category C/E Weapon

Magistrates Court on prosecution election, otherwise and if organised crime alleged, the District Court
Maximum 7 years imprisonment or 300 penalty units

Category D/H/R Weapon

Magistrates Court on prosecution election, otherwise and if organised crime alleged, the District Court
Maximum 10 years imprisonment or 500 penalty units
If any one of the weapons is shortened, then minimum 18 months imprisonment in actual custody

5 or more weapons, none are D/E/H/R

Magistrates Court on prosecution election, otherwise and if organised crime alleged, the District Court
Maximum 10 years imprisonment or 500 penalty units

5 or more weapons, at least 1 is D/E/H/R

District Court
Maximum 13 years imprisonment or 500 penalty units
If any one of the weapons is shortened, then minimum 3 years imprisonment in actual custody

Unlawful Trafficking Weapons - s.65

Category A/B/C/D/E or M Crossbow or explosives: