Weapons & Firearm Offences

What Is A Weapon?

The Regulations to the Weapons Act 1990 (Qld) contains an extensive list of objects and devices classed as weapons.

The definition is very broad and encompasses things such as air rifles, replica firearms, flick knives, protective vests, telescopic batons, knuckle dusters, martial arts weapons, silencers, and antipersonnel gases, as well as anything designed to disguise anything defined as a weapon – for example, a walking stick which has a blade concealed within it.

All firearms are weapons.

The possession and use of firearms and dangerous weapons in Queensland is controlled by the Act.  The overriding objective of the Act is to secure public and individual safety by controlling the possession and storage of weapons, and to prevent their misuse.

In terms of firearms, the Weapons Act:

• prohibits the possession and use of automatic and semi-automatic weapons (except in special circumstances)
• establishes a licensing and registration system for firearms
• requires people to have genuine reasons for owning or using firearms
• regulates the sale of firearms
• establishes a system for safe storage and carriage of firearms

Owning a handgun is subject to greater restrictions than other weapons, particularly for target shooters and collectors.

Weapon Licenses

Categories of licences include collector, dealer, armourer, shooting gallery, shooting club member or visitor, and security guard.  The possession of any weapon without an appropriate licence is unlawful.  A range of penalties applies depending on the category and number of weapons involved and can reach a maximum of 13 years imprisonment in some specific instances.  The Weapons Act includes mandatory minimum penalties.

For example, where an unlawfully possessed weapon of certain categories is used in the commission of an indictable offence, the penalty is 18 months imprisonment to be specifically served in prison. The unlawful possession of a short firearm in a public place also attracts a penalty to be served wholly in prison.

Licensed weapon holders can still commit an offence if they carry or discharge a weapon in a public place without reasonable excuse, fail to keep a weapon in secure storage or have physical possession of a weapon whilst under the influence of alcohol or other drugs.  Shortening of firearms is also an offence.

Police Powers In Investigating Weapons And Firearm Offences

Under the Police Powers and Responsibilities Act 2000 (Qld), a police officer investigating a firearm offence has the power to:

• demand the name and address of any person suspected of committing the offence, and the name and address of any person accompanying the suspect. Proof of the names and addresses supplied to the police officer may be required (it is an offence to fail to provide a name and address or to give a false name and address)
• require the production of any licence
• stop, detain and search any person, vehicle or premises they suspect may conceal a firearm, ammunition or dangerous article that is subject to seizure
• arrest without warrant any person suspected of committing an offence if it is reasonably necessary (including to obtain or preserve evidence and/or the safety or welfare of any person).

If a person is threatening to use a firearm or other dangerous articles in a way that may cause death or injury, a police officer 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.

How Can Rawlings Criminal Law Help?

If you are being investigated for or are charged with a weapon or firearm offence, you will need competent and expert legal advice.

Rawlings Criminal Law are knowledgeable and effective lawyers who will fight for you – whether that be through negotiation with the relevant authorities or representing you in Court – you need us on your side.

Contact Us

To fight a weapons or firearm charge, you will need a skilled Criminal Lawyer in your corner. For expert legal advice, please call now on 07 5527 0606 or send us a message.